Request By:
Ms. Joan Asher Cawood
Bell County Court Clerk
P.O. Box 156
Pineville, Kentucky 40977
Opinion
Opinion By: David L. Armstrong, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of April 29 in which you seek advice as to the proper procedure for appointing challengers in a nonpartisan city election held under the terms of KRS 83A.170.
There is no specific provision for authorizing candidates for nomination and election under the Nonpartisan City Primary Act, KRS 83A.170, to appoint challengers. Subsection (12) of this statute makes reference to the fact that in such elections the laws relating to challenges are applicable to nonpartisan elections. However, this subsection has reference only to the procedure for challenging voters who may be challenged by any election officer. Also under subsection (18) it is provided that the general election laws prescribed for county clerks and other public officers, in the conduct of elections, shall be applicable to nonpartisan elections. However, challengers are not public officers, 26 Am. Jur. 2d, Elections, Sec. 233. At the same time KRS 83A.050 also declares that the election of city officers shall be governed by general election laws (KRS Ch. 116 to 121) unless the city is operating under the terms of KRS 83A.170 which seems to indicate that absent specific authorization for appointing challengers under KRS 83A.170, none exists. Of course under KRS 117.315 of the general election laws it is specifically provided that each independent candidate is authorized to design one challenger for each precinct; however, this statute refers to independent candidates filing under KRS 118.315 or 118A.060 (judicial candidates) .
We also should point out that KRS 83A.170 was in effect taken almost verbatim from KRS 89.440 and 89.460 (repealed in 1980) which authorized the election officers at the polls to appoint challengers. No such provision is contained in KRS 83A.170
Under the circumstances we believe nonpartisan candidates running for nomination and election are not presently authorized under the terms of KRS 83A.050 and 83A.170 to appoint challengers. Possibly the legislature should consider authorizing the appointment of challengers in this type of election by appropriate legislation.