Request By:
Mr. Irvin T. Callery
103 E. 32nd Street
Latonia, Kentucky 41015
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 16 in which you relate the following facts and question:
"The Kentucky Registry of Election Finance has instituted a suit to void the election of two candidates in Covington City Commission race because they filed late returns. Also, one candidate dropped out of the race in early September. The possibility could exist that there are only five candidates running for four spots. There were fourteen candidates in the May Primary. Covington is a second class city of approximately 50,000 population with a City Manager form of government, and the election is non-partisan.
"Is there any procedure for replacing candidates? . . ."
Our response to your question would be in the affirmative in view of a 1976 amendment to KRS 89.440. The amendment included subsection (11) which provides the following:
"(11) If a vacancy occurs after the nominating primary the vacancy shall be filled by certifying the person who received the next highest vote count in the primary as nominated. "
The above statute would permit the filling of vacancies occurring following the primary nominations for the city commission by permitting the candidate receiving the next highest vote in the primary below the eight (8) duly nominated candidates, to be placed on the ballot. In other words, the candidate coming in ninth would fill the vacancy. If there are multiple vacancies occurring following the primary nomination, we believe that they could also be filled in the same manner by the defeated candidates in the order of their respective vote total.
OAG 69-530 is withdrawn in view of the 1976 legislative amendment to KRS 89.440.