Request By:
Hon. Eric D. Hall
Asst. Floyd County Attorney
Floyd County Courthouse
Prestonsburg, Kentucky 41653
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in answer to your letter of May 12 in which you present the following facts and question:
"Pursuant to our conversation of May 9, 1983, we would sincerely appreciate your sending to us a summary of the requirements of the filling of an unexpired term of a County Judge Executive in the situation as we have here, i.e., the death of the County Judge Executive within 70 days of the primary election but in excess of 3 months of the November election. "
Vacancies in the office of county judge/executive are required to be filled temporarily by the Governor, pursuant to KRS 63.210. Section 152 of the Constitution, on the other hand, requires that all vacancies in elective offices be filled at the succeeding general election that embraces the area in which the vacancy has occurred. There is, of course, a statewide general election this November which would require the vacancy in the office of county judge/executive of Floyd County to be filled at that time since it also occurred more than three months prior to the November election. The fact that it occurred less than 70 days before the primary would prohibit regular party nominations at the primary as provided in KRS 118.105. This statute provides that once a vacancy occurs less than 70 days before the primary, each major political party may make a nomination pursuant to party rules which normally requires the calling of a meeting by the county party chairman for the purpose of selecting a nominee. Once the selection is made, the party is required to draw up a nominating petition to be signed by the chairman and secretary of the party. This petition must be filed with the county clerk not less than 55 days before the November 8 election which would be not later than September 14 under the terms of KRS 118.365(2). The party nominees will then be placed on the ballot under the regular party column but separate from all other candidates because it is for an unexpired term.
At the same time, by virtue of said vacancy, any person, regardless of party affiliation, is entitled to run as an independent candidate by filing a petition in the form prescribed by the State Board which is in conformity with KRS 118.315 and 118.375. Said petition must contain a minimum of 100 petitioners since it is for a county-wide race. Each petitioner must be a registered voter of the county who is therefore entitled to vote in the county-wide race. The petitioner must not only give his name and address, but also his social security number if the petitioner has one.
We trust the above answers your question.