Request By:
Mr. Earl Fields
Leslie County Clerk
P.O. Box 1050
Hyden, Kentucky 41749
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of July 27 in which you seek an opinion concerning the following:
"Does the County Committees of each Political Party have the authority to dictate to the County Board of Elections who serves as Judge, Clerk, and Sheriff from their presented lists?"
"Can Election Officers switch and serve in different positions other than the one they were appointed to? For Example: If a person was appointed and notified by the Board of Elections to serve as Precinet Sheriff, can that person switch positions and serve as Precinct Judge?"
In response to your initial question, you refer to KRS 117.045 which concerns the selection of precinct election officers. Under this statute, each of the major parties may submit a list of not less than four names for each precinct, except in those precincts where there are not four persons possessing the qualifications of an election officer who belongs to the political party, in which case a lesser number may be designated. If lists are submitted, the county board must select therefrom two of the four names submitted for each particular precinct. On the other hand, if no lists are submitted or if less names are submitted than are authorized by statute, the board is authorized on its own to appoint election officers for the various precincts who must, however, be members of the party, if any are available for appointment (see Ball v. Helton, Ky., 395 S.W.2d 786 (1965).
Our response to your second question concerning the switching of election officers within the precinct would be in the negative. KRS 117.045 clearly implies that the switching of positions is not allowed. In other words, once an individual is appointed to a particular position such as clerk, sheriff, or judge, he must remain in that position throughout his tenure.