Request By:
Mr. Julian Birdwhistell
Anderson County Clerk
Lawrenceburg, Kentucky 40342
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 6 in which you raise the following questions concerning the appointment of election officers:
1. I would like an opinion on KRS 117.045 as to whose responsibility it is to appoint Election Officers and the responsibility of the County Executive Committees of the two political parties to the County Board of Elections.
2. I would also like an opinion as to whose duty it is to select and notify these Election Officers.
In response to your initial question, it is the responsibility of the county board of elections, pursuant to KRS 117.045, to appoint four (4) election officers for each precinct not later than September 20 of each year. With respect to such appointments, the statute authorizes the county executive committees of the two dominant political parties to submit to the county board on or before September 15 a list of not less than four (4) names for each precinct, except in those precincts where there are not as many as four (4) persons possessing the necessary qualifications, in which case a less number may be designated. If the parties submit lists, then the board is required to select from each list one (1) judge for each voting place, and the sheriff shall be chosen from one list and the clerk from the other. On the other hand, if no lists are submitted by the parties, the officers shall be selected by the board so that each party is equally represented in each precinct.
Your second question concerning the notification of the election officers that have been duly appointed by the board is also answered under the terms of KRS 117.045. This statute provides that the county board shall, within ten (10) days before the next ensuing election, which of course would be the coming November election, give each election officer written notice of his appointment. However, the board may direct the sheriff of the county to serve the notice of appointment, if it so desires.
We trust the above sufficiently answers your questions.