Request By:
Mr. Jerry W. Rouse
Boone County Clerk
Washington Square
Burlington, Kentucky 41005
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of July 11 in which you request an opinion concerning the following:
"A member of a County Board of Elections wishes to run for the office of City Councilman in a General Election.
"1. Can a member of a County Board of Elections serve on the Board and run for a City elected office and still serve on the County Board of Elections?
"2. Can a member of a County Board of Elections be elected to a City Council Office and still serve on the County Board of Elections? "
The answer to your initial question would be in the negative in view of KRS 117.035(2) which lists the qualifications for membership on the county board of elections. Under this subsection it is provided that members of the board shall not be candidates to be voted for at the election in which they serve.
Under the circumstances, a member of the county board of elections who is also a candidate for a city office in the coming November election must resign and the vacancy filled pursuant to the terms of the referred to statute.
Our response to your second question would also be in the negative since we believe a statutory incompatible situation would exist. This office has taken the position in numerous prior opinions that a member of the county board of elections is a county officer. See OAG's 74-91 and 62-390, copies attached. On the other hand, membership on the city council constitutes a municipal office. KRS 61.080 clearly prohibits a person from holding a county office and a municipal office at the same time.