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Request By:

Hon. James Bates
Knott County Attorney
P.O. Box 404
Hindman, Kentucky 41822

Opinion

Opinion By: David L. Armstrong, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General

This is in response to your letter of December 14 in which you raise the following question:

"Is it a violation of a primary candidate's constitutional right to secret ballot as set out in Section 147 of the Kentucky Constitution to require him to state under oath that he supported his parties' nominees in the last regular election and will support the parties' nominees in the regular election before allowing him to register as a candidate in a primary election? This as you know is required in the application set out in KRS 118.125."

Our response to your question would be in the negative. The provision to which you refer (KRS 118.125) requiring the candidate to certify that he supported his party nominees at the last election, was first enacted in 1912 but repealed in 1972. It was reenacted in 1984 in KRS 118.125.

In the meantime the constitutionality of that provision was raised in the case of

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1985 Ky. AG LEXIS 130
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