Request By:
Mr. Elliott Hearld
R.R. 1, Box 31 C
Booneville, Kentucky 41314
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 28 in which you refer to the fact that you are a candidate for sheriff of Breathitt County and you seek information concerning the qualifications of an election officer serving in the May primary.
Election officers are selected in September of each year pursuant to KRS 117.045. Such officers serve in every election during the year, including the primary and any special election. They are generally selected from lists submitted by the major political parties and they must be qualified voters of the precinct in which they are appointed to serve. Also, they cannot be a candidate for public office at the primary or general election.
You also raise the question as to whether or not the fact that a duly appointed election officer failed to serve in the November election, would affect his right to serve in the following May primary.
The answer to this question would be in the negative. The simple fact that he failed to serve in the November election following his appointment would not affect his right to serve in the May primary, as he continues to be the duly appointed election officer unless or until he either resigns or is removed as provided by statute.