Request By:
Mr. Robert C. Rives
Democratic Election Commissioner
Fayette County Board of Elections
Room 105, County Court House
Lexington, Kentucky 40507
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 29 in which you raise the following question:
". . . who may be issued a challenger certificate in a Primary Election. Please advise us as to what parties, individuals, groups, etc. are allowed to have challengers in polling places and who issues said certificates. "
The appointment of challengers for the May primary is governed by KRS 117.315 (6) which initially provides that each political party is entitled to not exceed two challengers at each precinct during the holding of the primary election. The party committee or the chairman shall make the appointments and certify to such appointments at least four (4) days before the date the primary is held. You will note that they must be made in writing and shall be produced by the challenger on demand of any election officer as prescribed in subsection (1). You will also note the provision under subsection (6) to the effect that the appointment of challengers shall be certified in all respects as challengers at the regular election except as otherwise provided in this section [subsection (6)].
Subsection (6) of KRS 117.315 also authorizes any group of bona fide candidates of the same political party equal to 25% of all the candidates for that party to be voted for in the county at the primary, including state, district and all other candidates, to recommend to the county committee or governing authority of the party of the county, a list of persons whom they desire to have appointed as challengers in each precinct in the county. The statute further provides that if more than two lists are furnished, the committee, in making appointments of challengers, shall alternate between the several lists so as to give each list an equal amount or proportion of appointments, but in no event shall there be appointed more than one challenger for any precinct from any one list. Such lists of challengers are to be presented to the chairman or secretary of the party not less than seven (7) days before the primary. In determining the required percentage we do not believe that the candidates running in the nonpartisan city primary could be included.
As a matter of fact, it does not appear that those candidates running in the special city primary of the urban county government are entitled to challengers pursuant to Article 12 of the Lexington-Fayette Urban County Charter though they would be so entitled in the general election as held in OAG 73-747 [copy enclosed] under Kentucky's general election laws as provided in Section 12.05. This section provides that all general election laws shall be applicable to the merged government elections, except as herein expressly provided to the contrary. Section 12.02 of the charter governing primary elections states the exceptions but fails to include any reference to KRS 89.460 which authorizes the judge of each polling place to appoint a challenger for each precinct on election day, consequently it must be excluded.