Request By:
Mr. Edward J. Winterberg
Attorney at Law
28 West Fifth Street
Covington, Kentucky 41011
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of October 5 in which you, on behalf of your client who was nominated for the office of magistrate in the Democratic Primary, question the legality of the petition of an Independent candidate for magistrate filed in the general election. This petition was timely filed but you contend that it does not specify the particular magisterial district or the office that he seeks. You enclosed a copy of the petition in question. Under these circumstances you raise the following questions:
"1. Must a person specify in his filing petition for an Independent candidacy the specific magisterial district he seeks to represent?
"2. If a candidate fails to specify a specific district, does the County Clerk have authority to place that candidate's name on the ballot? "
Every candidate must, of course, indicate the office that he seeks, and in case the office is that of magistrate, he must indicate the district from which he is running. See KRS 118.315. Upon reviewing the petition submitted we find that it does indicate that he is a candidate for the office of magistrate where the word used is "Magisterial. " In addition, he indicates that he is a candidate for Magisterial District "One," which we understand from our phone conversation with Mr. Stark, the County Clerk, is the way the districts are listed, that is, "one," "two," and "three," or the numbers "1," "2," and "3."
Under the circumstances we believe that the petition is in sufficient compliance with the requirements of KRS 118.315 and the Clerk should place the candidate's name on the ballot as a candidate for Magisterial District 1.
On the other hand, since he is an Independent candidate and did not run in the primary, your client, who is the Democratic nominee, could file an action in circuit court to determine the legality of his filing papers pursuant to KRS 118.176.