Request By:
Mr. Ray Van Hoose
Boyd County Clerk
Courthouse
Catlettsburg, Kentucky 41129
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of March 14, in which you raise the following questions:
"1. In a second class city such as Ashland what number of registered voters signatures are needed on an individuals petition seeking the office of Mayor or City Commissioner?
"2. Is an employee of the same city eligible to seek an elected office?"
In response to your initial question and assuming that the City of Ashland is not operating under the special city candidates for city commission or mayor must obtain a minimum of 20 signatures attached to their individual petition under the terms of KRS 118.315. These forms are promulgated by the State Board and you should have copies available you should have copies available for interested candidates.
On the other hand, if the city is operating under KRS 83A.170 which involves a different type of independent petition, the candidate has the alternative of obtaining either 1% of the registered voters of the city or a minimum of 20 qualified voters, whichever is less.
In response to your second question, a city employee would be eligible to seek an elective office and continue to retain his employment unless he is under a civil service program such as that outlined in Chapter 90 KRS and particularly KRS 90.390(2) which reads as follows:
"(2) No employe of a city of the second class shall coerce or persuade another, or in any way actively participate in any election, or cause others to do so."
The above subsection has been interpreted in OAG 67-91 to the effect that a civil service employee would violate this section if he were to become a candidate for public office and would jeopardize his civil service status with the city. We also might call your attention to KRS 95.470(4) governing political activity by members of the city police and fire departments in cities of the second class. Subsection (4) prohibits political activity while the employee is on duty but does not prohibit such activity which would include his becoming a candidate, during his off duty hours. Subsection (4) reads as follows:
"(4) No member of either department shall be active in politics or work for the election of candidates while on duty." (Emphasis added).
See also OAG 79-211.