Request By:
Hon. Tommy J. Wilson
Carlisle County Judge/Executive
P.O. Box 279
Bardwell, Kentucky 42023
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of January 20 in which you raise the following questions:
". . . please consider this a request for an opinion on procedures necessary for appointment or election of a fifth magistrate in Carlisle County, as recommended to the Fiscal Court by the Reapportionment Board and adopted Tuesday, January 18, 1983.
We would specifically like to know whether the magistrate will seek election in the May primary if and when the governor makes the appointment, and by whose recommendation."
From the above stated facts, we assume that a fifth magisterial district has been created as a result of the reapportionment of the county. In other words, the county has increased its magisterial districts from four to five. If this is the case, then a vacancy would automatically exist in the fifth district which must be filled for the unexpired term in accordance with the requirements of Sec. 152 of the Constitution. Said election would have to be held in the coming 1983 November election since there is a state-wide election at that time embracing Carlisle County. Of course the magistrates who were elected at the 1981 general election, which we assume to be four, retain their positions irrespective of any change in the boundary lines of their particular district. See
Anggelis v. Land, Ky., 371 S.W.2d 857 (1963).
Prior to the election for the unexpired term, the Governor, of course, may fill the vacancy by appointment pursuant to KRS 63.190 which would end when the person elected this November receives his certificate of election and qualifies for the office. In the meantime, any person who is interested in making the magisterial race for the unexpired term and desires to seek party nomination must file his notification of declaration papers with the county clerk not later than March 30 under the terms of KRS 118.165. Of course, any person may also run as an independent by filing a petition with the county clerk pursuant to KRS 118.315 not later than 55 days before the November election which would be not later than September 14. This later filing date for independents generally was the result of a 1982 amendment to KRS 118.365 which previously required all independent candidates to file 55 days before the primary. The only exceptions are city and school board candidates.
We hope the above information answers your questions.