Request By:
Mr. Charles Bybee
Barren County Clerk's Office
Courthouse
Glasgow, Kentucky 42141
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of September 14 in which you refer to the upcoming election for members of the city council for the city of Glasgow, a city of the third class, and raise the following questions:
"Is there any way a group of candidates can be in sequence?
Must all candidates draw for positions or be represented by someone?
If not represented by any one present does the Clerk draw for their positions?"
Candidates running as independents for the office of city council may file either individual petitions or a group petition containing not more than the number of councilmen to be elected. Group filing is permitted under the terms of KRS 118.315 as held in a number of cases, among them being
Asher v. Johnson, 192 Ky. 575, 234 S.W. 18 (1921),
Green v. Slusher, 300 Ky. 715, 190 S.W.2d 29 (1945), and
Browning v. Lovitt, 139 Ky. 480, 94 S.W. 661 (1906).
Regardless of how the candidates file, whether individually or by group, they must draw for positions on the ballot by lot as required by KRS 118.215 (3). Under the present statute independents cannot as permitted in the past designate individual party symbols and names and be listed separately. They are to be grouped according to the office they seek in a single column. All candidates must be notified before the drawing for positions so they may be present or may be represented by someone of their choice. Of course if they are not present and are not represented, the clerk or his deputy must draw for them.