Request By:
Honorable John P. Blevins
Metcalfe County Attorney
Metcalfe County Courthouse Bldg.
Box 187
Edmonton, Kentucky 42129
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 31 in which you raise the following question:
"May a person who meets all other legal requirements for holding office and who is registered either Republican, Democrat or Independent but did not run in any primary election still have the right to have their name placed on the ballot by petition for nomination pursuant to KRS 118.315?"
The answer to your question would be in the negative unless the individual is seeking a municipal office under the councilmanic form of government. See KRS 118.365 (4). This statute permits candidates seeking nomination to city offices under the councilmanic form of government as well as candidates seeking membership on a board of education, to file an independent petition not less than fifty-five (55) days before the general election which would mean not later than September 14.
On the other hand, it is too late for any person seeking an independent nomination for a state, county or district office to file a petition since such petition must have been filed not later than 55 days before the May 24 primary as required under subsection (3) of KRS 118.365.
We might add that party affiliation is of no legal significance as far as a person's right to file as an independent under the terms of KRS 118.315. See 25 Am.Jur. 2d 168.