Request By:
Honorable Frances Jones Mills
Secretary of State
Capitol Building
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of December 11, in which you raise the following question.
"Would you please issue an opinion on KRS 117.025, sub-section (2) which states:
The state board of elections shall employ, on a bipartisan basis, a staff sufficient to carry out the duties assigned to the board, including such legal counsel as is deemed necessary by the board.
Does the law mean by 'bipartisan' that it should be on a 50-50 basis, or does it mean as long as both parties are represented by employees working in the office?"
In response to your question, we believe that the phrase ". . . employ, on a bipartisan basis . . ." simply means that the board should employ its personnel on the basis of their qualifications, experience, etc., irrespective of the individual's party affiliation, so long as both major parties are represented on the board's staff, as is the case with the board itself. The percentage factor would be irrelevant.