Request By:
Mr. E. B. Perkins
Logan County Court Clerk
Russellville, Kentucky 42276
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of June 17 in which you raise the question as to whether or not a person who was defeated in the Democratic May primary may file as an independent for the same office in November.
The answer to your question would be in the negative for two reasons. First, KRS 118.345 prohibits a candidate who has been defeated for nomination in the primary from having his name placed on the voting machine in the succeeding regular election as a candidate for the same office. Also, except for municipal and school board offices, no person can file an independent petition for any office later than fifty-five (55) days before the May primary. See KRS 118.365 (3) and (4).
Of course, any person may run as a so-called "writein" candidate for any office in November and this would include a person who has been defeated in the primary.