Request By:
Honorable Raymond Overstreet
Attorney at Law
P.O. Box U
Liberty, Kentucky 42539
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of December 20 in which you request an opinion concerning the following:
"Whether or not a person can be his Party's nominee for State Representative or State Senator in 1979 subject to the general election of 1979 and while holding that respective position and being the respective nominee for either State Representative or State Senator he could also be a candidate for Governor in the same general election as an independent candidate. "
Our response to your question would be in the negative as no candidate's name can appear on the ballot or voting machine more than once pursuant to KRS 118.405, which reads as follows:
"No candidate's name shall appear on any voting machine or special ballot more than once."
Under the circumstances, a person cannot have his name placed on the November ballot in 1979 as the party nominee for state representative or senator and at the same time have his name placed on said ballot as an independent candidate for the office of governor.