Request By:
Honorable Doug Becvar
Mayor
P.O. Box 455
McKee, Kentucky 40447
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of September 8, in which you raise the following question:
"Can an election of city officials be held in November without a primary election held in May to nominate candidates for the fall election? "
Our response to the above question would be in the affirmative, provided the city has not enacted an ordinance 240 days prior to the coming November election requiring the city to conduct its elections pursuant to KRS 83A.170. This statute, when adopted, requires the nomination of all city officers to be made at a special nonpartisan city primary, to be held at the same time as the regular May primary and, unless a person is nominated, either with or without opposition at said primary, he cannot be elected to a city office by filing thereafter, nor can anyone run as a "write-in" candidate.
On the other hand, if the city has not enacted such an ordinance, then the city election is conducted as they have been in the past, which is pursuant to the regular election laws. With respect to the City of McKee, a fifth class city, and assuming the special city primary law was not adopted, candidates for city office could file independent petitions containing the names of a minimum of 20 petitioners pursuant to KRS 118.315, fifty-five (55) days before the November election, which was September 9, under the terms of KRS 118.365(4). As a matter of fact, all candidates for city council would be compelled to file in this manner pursuant to KRS 118.105(4) with the exception of candidates for mayor, who could file either for the regular party nomination or as independents along with the candidates for city council.
For your information we are enclosing copies of two opinions covering this subject, namely, OAG 81-79 and 81-163. We might add that the only class of city that must operate under the special nonpartisan city primary statute [KRS 83A.170] are those of the second class operating under the city manager form of government. KRS 83A.050 reads in part as follows:
"(1) Except in cities of the second class which operate under the city manager under the city manager form of government pursuant to KRS 83A.150, election of city officers shall be governed by general election laws as provided in KRS Chapters 116 through 125 unless the city legislative body prescribes by ordinance, not later than two hundred forty (240) days prior to a regular election in which any city office is to be filled, that election of city officers shall be under nonpartisan city election laws as provided in KRS 83A.170. City officers of each city of the second class operating under the city manager form of government pursuant to KRS 83A.150 shall be elected in non-partisan elections as provided in KRS 83A.170." (Emphasis added.)