Request By:
Mr. A. T. Wood
Kenton County Clerk
P.O. Box 788
Covington, Kentucky 41012
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 11 in which you refer to the mayor's race for nomination in the special city primary involving the city of Covington which operates under the city manager form of government. You relate that of the two persons who were nominated in the primary, one has withdrawn, and the question is raised as to whether or not the candidate for mayor receiving the next highest vote in the primary would fill said vacancy.
Our response to your question would be in the affirmative. KRS 89.440(11) reads as follows:
"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."
It is clear from the above, the candidate receiving the next highest vote in the primary, or in other words the candidate who came in third in the mayor's primary race, should be certified by you as one of the two nominees for this office to be placed on the ballot in November.