Request By:
Honorable Kelly D. Powell
Attorney at Law
P. O. Box 524
Scottsville, Kentucky 42164
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 5 in which you relate that the city of Scottsville is a fourth class city operating under the councilmanic form of government. The city has enacted an ordinance electing, to conduct its elections pursuant to the nonpartisan act, namely KRS 83A. 170. The council is composed of six (6) members, all of whom are elected on an at-large basis. Under the circumstances, you raise the following questions:
"1. Is it necessary to place the names of the candidates for City Council on the primary ballot if twelve or fewer candidates file? I presume not as KRS 83A.170(5) apparently covers this point. I also presume that if more than twelve people file, the top twelve vote-getters in the primary would then run in the general election for the six positions.
"2. May a group of six or fewer candidates file on one petition with a minimum of twenty signatures or will each candidate for the City Council position have to file a separate petition for each individual candidate. However, see OAG 75-347.
"3. May a qualified voter sign a petition for a candidate for a City Council member and also sign a petition for the office of Mayor?"
In response to your initial question and where the city elects six (6) councilmen, if, after the deadline for filing, there are not more than twelve (12) candidates for council, they would be automatically nominated under the terms of KRS 83A.170 (5) thereby eliminating the primary election for these offices. This subsection is a little ambiguous and will be clarified at the next session we understand. It should read as KRS 89.440 formerly provided that where there were not more than twice the number of nominations for the number of offices to be filled, no primary would be held.
In response to your second question, we do not believe that a group of six (6) or fewer candidates may file a single petition under the terms of KRS 83A.170 because of the language found under subsection (3). This subsection provides that "each applicant for nomination shall . . . file with the county clerk a petition . . ." The phraseology would indicate to us that group filing would not be permitted as in the case of the filing of independent petitions under the terms of KRS 118.315. The language in this latter statute is not as specific in referring to the filing of a nominating petition for office and the court has construed it as permitting group filing as pointed out in OAG 75-347, to which you refer.
In response to your third question reference is made to KRS 83A.170 (3) from which we quote the following: No voter shall sign more than one (1) petition with reference to each applicant." This language seems to restrict the voter from signing more than one applicant's petition for any office regardless of the fact he is entitled to vote for up to six candidates for council and for one candidate for mayor. Under KRS 89.440 [repealed by SB 26] the voter could sign as many petitions as there were offices to be filled.
Consequently, we must conclude that in view of the restrictive language of the statute quoted above, a voter can sign only one applicant's petition for nomination in the primary regardless of the multiplicity of offices such as council and mayor, to be filled.