Request By:
Mr. Charlie Wright
Letcher County Court Clerk
Whitesburg, Kentucky 41858
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of September 19 in which you raise the following question:
Do the Election Commissioners have to respect the decision of the Democrat Executive Committee's choice of election officers?
Our response would be in the affirmative if the committee has met the requirements of KRS 117.045. KRS 117.045 authorizes the county executive committee of each party to submit a list of not less than four (4) names for each precinct not later than September 15 of each year to serve as election officers for the ensuing one (1) year term. The county board, not later than September 20, is required to select from each list two (2) officers from each party list for each precinct, providing there are sufficient names submitted of persons qualified to serve, otherwise, it may select officers other than those named in the list.
In the case of
Ball v. Helton, Ky., 395 S.W.2d 786 (1965), the court declared that:
"It is clear from KRS 116.070 [now KRS 117.045] that the election commissioners must name the precinct officers from the nominees submitted by the governing authority of an authorized political party if the nominees are properly and timely submitted . . ."
On the other hand, if no lists are submitted or if the lists submitted by either of the parties do not contain a minimum of four (4) names as required by KRS 117.045, the names on the lists so submitted may be disregarded and the board may make a selection on its own. See