Request By:
Ms. Romilda Uhlenbrock
Chairman, Campbell County
Election Commission
Newport, Kentucky 41071
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of September 2 in which you raise the question as to whether or not the county clerk must list on the ballot labels the residence of each candidate as certified by the Secretary of State.
This office has in the past taken the position that the placing of the candidate's residence on the primary or general election ballot is not required. Reference OAG 30,401. This conclusion would equally apply to judicial candidates under Ch. 118A KRS. It is true that the statutes are not altogether clear on this question as indicated in the letter from the office of Secretary of State. Nevertheless we hold to our former position until the courts declare otherwise.
The basis for this conclusion is as follows: It is true that the Secretary of State is required to certify the address as well as the name of the candidate for judicial offices pursuant to KRS 118A.090 (2) (a). The same provision is found under the general election laws, namely KRS 118.215, which of course is not applicable to judicial candidates. On the other hand, KRS 117.145 [applicable to all candidates, including judicial], concerning the preparation of ballot labels, makes no mention of the candidate's address being a part of the ballot label. The statute refers only to the candidate. Also, as pointed out by the Secretary of State, KRS 118A.090 (2) (b) provides that the Secretary of State shall designate in his certification to the county clerk, the judicial office under which the names of the candidates shall be printed and the order in which they are to appear on the ballot. Subsection (3) further provides that, and we quote:
"(3) The county clerks of each county shall cause to be printed on the ballot labels for the voting machines and on the special ballots for the regular elections the names of the candidates for offices of the Court of Justice. Special ballots for judicial offices shall not include the names of candidates for non-judicial offices." (Emphasis added.)
Subsection (4) of said statute further provides, in effect, that the names of the candidates shall be placed on the voting machines in a separate column headed by the words "Judicial Ballot. " In addition, it provides that the office, numbered division thereof, if divisions exist, and the candidates therefor shall be clearly labeled.
Under the circumstances, we are of the opinion that only the names of the judicial candidates are to be listed on the November ballot.