Request By:
Mr. Marvin Harris
Calloway County Court Clerk
Murray, Kentucky 42071
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of April 4 in which you raise the question as to whether or not two candidates for sheriff [who presumedly filed as independents] can be placed on the May primary ballot.
The answer to your question would be in the negative. In order for a candidate to have his name placed on the primary ballot, he must file a notification and declaration paper as prescribed in KRS 118.125 on the form promulgated by the State Board of Elections which requires the certification of two electors of the party. Where however a candidate files an independent petition as prescribed by KRS 118.315, the forms for which are also prescribed by the State Board of Elections, such candiate cannot have his name placed on the primary ballot and his papers must be held by the clerk until the November election.
As you know, an independent candidate filing for the office of sheriff must file a petition containing the names and addresses of at least one hundred (100) petitioners as required under KRS 118.315.