Request By:
Mr. Gregory H. Sarjeant
Justice of the Peace
First Dist. of Jefferson County
7111 Upper River Road
Prospect, Kentucky 40059
Opinion
Opinion By: David L. Armstrong, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of September 12 in which you relate that you are currently serving as Justice of the Peace in the first district of Jefferson County. You are, however, considering the possibility of a county-wide race in 1985 and in view of this it would be necessary for you to raise money for your campaign. Under the circumstances, the question is raised as to whether or not it is necessary to list the county-wide office you seek in filing with the Registry in view of the fact that you may wish to change your mind and run for reelection to your present office.
When you file for county-wide office with the county clerk you must at the same time file a statement indicating not only your campaign treasurer but the office you seek. See Regulation 801 KAR 1:040 and Form Appendix E. Also when you file the financing reports required under the Corrupt Practices Act, the designation of the candidate's office must be indicated as required by Form Appendix D. There is, however, nothing to prevent a candidate from changing his mind before the filing deadline and running for another office such as the one you presently hold. The fact that you have previously indicated that you are running for a county-wide office would be of no consequence as far as the Registry is concerned. This agency is interested basically in campaign financing.
We might add, however, that if you file for a particular office but desire to change your mind and file for another office, you must officially withdraw your filing papers for the initial office before the deadline for filing and refile for the second office before such deadline. Of course, as a candidate for a district office, such as justice of the peace, you are not subject to regulation by the Registry of Election Finance as this office is excepted under the act, particularly KRS 121.100.