Request By:
Mr. William R. Bauereis, Chairman
Kenton County Election Commission
P.O. Box 788
Covington, Kentucky 41012
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of May 3 in which you raise the following question:
"In filling the positions of precinct officers for the May 24th Primary Election, we have exhausted the list of names provided us by the two executive committees. As a result, we find we must use officers in precincts other than the precinct in which they are qualified voters. We do have two democrats and two republicans in each precinct. Although this situation does not conform to K.R.S. 117.045 (2), could it affect the outcome of the election in any way? Any remedy to the present situation that you can offer at this late date would be appreciated."
KRS 117.045 (2), concerning the qualifications of election officers, requires such officers to be qualified voters of the precinct in which they serve. However, our Supreme Court has held that the conduct of an election by officers who were not appointed or qualified as directed by statute will not invalidate such election or the ballots cast therein. See
Burchell v. Smith, Ky., 262 S.W.2d 365 (1953).
Of course, every effort should be made to appoint election officers who are qualified under the provisions of the referred to statute, however, it is clear that where such officers do not possess the required qualifications, this fact alone would not in any way affect the validity of the election conducted by such officers.