Request By:
Mr. Donald W. Blevins
Fayette County Clerk
162 East Main Street
Lexington, Kentucky 40507
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Rosemary F. Center, Assistant Attorney General
This is in response to your request for a formal opinion regarding interpretation of KRS 117.045(2) and (4), regarding the submission of lists of precinct officer nominees.
KRS 117.045(2) and (4) provide:
(2) The county executive committees of the two (2) political parties having representation on the State Board of Elections may, on or before September 15 each year, designate in writing to the county board of elections a list of not less than four (4) names for each precinct; except that, in any precinct where there are not as many as four (4) persons possessing the qualifications of an election officer belonging to the political party filing the list, a less number may be designated. If there are two (2) or more contending executive committees of the same party in any county, the one (1) recognized by the written certificate of the chairman of the state central committee of the party shall be the one (1) authorized to submit the lists. The lists shall contain the full name, address, phone number and Social Security number, if available, of each person listed. The lists shall be accompanied by a signed statement from each person stating that he is willing to serve, has not failed to serve without excuse in the past, and has not been convicted of an election law offense. The State Board of Elections shall prescribe by administrative regulation the form of the list.
. . .
(4) If lists are submitted, one (1) judge at each voting place shall be selected from each list, and the sheriff shall be chosen from one (1) list and the clerk from the other. If no lists are submitted, the two (2) members of the county board of elections who are appointed by the State Board of Elections may submit lists; and the county board shall select the sheriff and one (1) judge from one (1) list and the clerk and the other judge from the remaining list. If no lists are submitted, the county board shall select the sheriff and one (1) judge from the membership of one (1) party and the clerk and the other judge from the membership of the remaining party. [Emphasis added.]
First, you ask whether the lists described in KRS 117.045(4) must be submitted on SBE 22, signed by each person listed and contain at least four persons per precinct. In response to this question, Form SBE 22 has been provided by the State Board of Elections; however, no administrative regulation has been promulgated requiring its use. This does not in any way, however, alter the requirements of KRS 117.045(2) with regard to what must be contained in a list submitted to the County Board of Elections.
It must be noted that the language of KRS 117.045(2) setting forth the requirements to be contained in a list submitted by the county executive committees is mandatory. There is no reason that a "list" submitted by members of the County Board of Elections pursuant to subsection (4) of the statute be different from that submitted by the county executive committee as required in subsection (2) without statutory language to the contrary. "When words are specifically defined by statute courts must use the definition prescribed by statute in the interpretation of the statute."
Baker v. Commonwealth, Ky., 677 S.W.2d 876 (1984) at 879.
Second, you ask what form and what number of names per precinct must be submitted for the list to be valid. In response to this question, KRS 117.045(2) requires that a list, if submitted, contain not less than four names per precinct except where there are not as many as four (4) persons possessing the qualifications of a precinct officer.
Although this office, pursuant to regulation, 40 KAR 1:020 Section 4, does not render official opinions regarding hypothetical questions, as posed by question number three (3), you may refer to OAG 80-529 for guidance regarding this question. A copy is attached for your convenience.
I trust this letter has sufficiently answered your questions.