Request By:
Mr. Everett Rains
Clerk, Whitley County Court
P.O. Box 8
Williamsburg, Kentucky 40769
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of recent date in which you refer to the fact that the Whitley County Jailer has resigned following the filing deadline for the primary. Under the circumstances, you desire to know what date the respective two major parties must select a nominee and also whether or not a person can run as an independent.
Where the vacancy occurred less than seventy (70) days before the primary, then the major parties may, pursuant to KRS 118.155, make nominations according to their party rules for the November election. Such meetings to select party nominees may be held at any time providing the nominee is selected and a nominating petition [no set form required] is filed with the county clerk not less than fifty-five (55) days before the November election as required by KRS 118.365(2). That means that the deadline for filing such nominations would be not later than September 12.
At the same time, any person, regardless of his party affiliation, may file an independent nomination petition for the November election as authorized by KRS 118.375 within the same time period. As you know, such petition for a county wide office must contain the signatures of not less than one hundred (100) petitioners pursuant to KRS 118.315 and is to be filed on the form prescribed by the State Board for all independent candidates.