Request By:
C. Thomas Anderson
Legal Counsel
Office of Secretary of State
Capitol Building
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Assistant Deputy Attorney General
In your letter dated April 4 you raise the question as to whether or not the Secretary of State can refuse to certify to the various clerks for inclusion on the ballot such phrases as "I am a Democrat" as the candidate's middle name or "Stop the bus" as the candidate's first name, where such phrases are set forth on a candidate's nominating papers properly filed in the Office of the Secretary of State.
In OAG 75-302 and 66-289 this office has taken the position that though such titles as "Dr.", "Sen.", "Col.", etc., are not legally a part of a candidate's name and therefore should not be listed on the ballot as such, nevertheless the Secretary of State who acts only in a ministerial capacity in accepting and certifying the names of the various candidates to the clerk, must certify such names as they appear on the nominating papers including honorary titles. See
Hardin v. Horn, 184 Ky. 548, 212 S.W. 573 (1919) and KRS 118.215(1).
Where however, a candidate inserts on his nominating papers superficial phrases [such as you have indicated] in connection with or as part of his name, which can in no way be legally relevant to his name or normally used in conjunction therewith such as an honorary title or "nickname", we are of the opinion that such phrases should not be included in the certification to the various clerks. We base this conclusion on the general and universal rule of statutory construction to the effect that statutes [in this case KRS 118.215(1)] must not be so construed as to lead to an absurd or impractical conclusion.