Request By:
Honorable Bill Klapheke
Barren County Attorney
Courthouse, Second Level
Glasgow, Kentucky 42141
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
In response to your letter of April, concerning the billing of cities for their proportionate share of the costs that may be incurred at a primary and general election, we are enclosing a copy of OAG 82-167. This opinion points out the change in the statutes governing election costs incurred by the various cities as a result of the 1980 session of the General Assembly. You will note that election costs incurred by cities of all classes are now governed by KRS 83A.050(3) which requires them to pay only those costs that occur where the city election is held at a time other than the law prescribes for elections generally. This statute reads as follows:
"(3) The city shall pay the costs of city elections only if city elections are held at a time other than prescribed by law for elections generally."
Though OAG 82-167 deals only with city elections held at general elections, we believe that the language of KRS 83A.050(3), particularly the phrase "elections generally," would also include primary elections at which municipal officers are either permitted or required to be nominated by law. KRS 118.105 and 83A.170. If the legislature had intended to exclude primary elections, it could have easily so indicated in KRS 83A.050(3) by specifically referring to general elections to the exclusion of primary elections instead of simply using the words "elections generally." It is true, of course, that a primary election is not an election within the meaning of the Constitution. Nevertheless, it is without exception referred to as an "election" throughout the laws governing the conduct of elections generally. For example, you will note KRS 118.025(2) which provides in effect that the general laws applying to regular, special and primary elections shall apply to elections conducted with the use of voting machines. Also, under subsection (3), reference is made to all primary elections for the nomination of candidates to be voted for at the next regular election. In addition, the term "primary election" is found in KRS 118.105 dealing with the nomination of party candidates, whether for city, county or state office, and in 83A.170 governing special city primary elections.