Request By:
Ms. Joan Asher Cawood
Bell County Clerk
Box 469
Pineville, Kentucky 40977
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 31 in which you desire to know the correct procedure to be used in filing for city office. Your question involves the city of Pineville [a city of the fourth class] , and also Middlesboro [a city of the third class] , both cities being divided into wards.
First, concerning the city of Pineville, KRS 86.220 provides that each member of the city council shall be elected by the qualified voters of the ward for which he stands. All other elected officers shall be elected by the qualified voters of the city. Thus, when a candidate desires to file for city council in a fourth class city, he must file his petition of nomination containing the names and addresses of twenty (20) petitioners who legally reside within the ward from which he is running as a candidate. This means, of course, that they must be reg stered voters in the ward. We might explain here that when a person runs as an independent candidate by petition, the petitioners actually nominate the candidate and state in the petition [on the form promulgated by the state board of elections] that they are qualified voters and are qualified and intend to vote for the candidate that they nominate. As for candidates for the office of mayor, again the petition must contain the names of 20 petitioners but they may be registered voters anywhere within the city.
Next, concerning the city of Middlesboro [a city of the third class] , the situation concerning filing is somewhat different as far as the council is concerned. Referring to KRS 85.040, it is provided that the number of councilmen to be elected shall be apportioned equally among the wards of the city but that they shall be elected by the voters of the city at large and not by the voters of a particular ward. This means, of course, that the petitioners nominating a candidate for city council for a particular ward may be registered voters anywhere within the city. We might also add that in both third and fourth class cities, candidates for council must legally reside within the particular ward from which they intend to run. See KRS 85.060 and KRS 86.050.
All independent petitions nominating candidates for city office in both class cities must be filed with the county clerk not less than fifty-five (55) days before the November election, which would be not later than September 12. See KRS 118.365(4).
It is possible of course that candidates for city office in both third and fourth class cities may desire to run in the May primary for party nomination, in which case they must file a notification and declaration paper on the form prescribed by the state board which requires the signature of two electors of the party. These papers must be filed with the clerk not less than 55 days before the primary, which means not later than April 4.
We hope the above information will be of assistance to you.