Request By:
Mr. S. Kenneth Lindon
Wolfe County Clerk
Box 400
Campton, Kentucky 41301
Opinion
Opinion By: David L. Armstrong, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of March 14 in which you relate the following facts and question:
"I would like to clarify my duties in accepting declaration and notification papers. For example, if two people sign a candidate's papers, do I need to check to make sure they are registered voters and of the correct political party. Your assistance in this matter would be greatly appreciated."
In response to your question, we initially call your attention to a 1984 amendment to KRS 118.165(2) which declares in effect that the county clerk shall examine the notification and declaration form of each candidate to determine whether it is regular on its face. The Court of Appeals has pointed out in a number of cases that when a nominating paper is regular on its face, that is, it is properly filled out and duly notarized as required with respect to a candidate's notification and declaration paper, the clerk has no choice but to place the name of the nominee on the ballot as requested by the nominating paper. In other words he cannot question the qualification of the candidate or his signers or go behind the face of the certificate of nomination. See Wilkins v. Duffey, 114 Ky. 111, 70 S.W. 668 (1902), Bach Keity, 302 S.W.2d 393 (1959), and Commonwealth v. Combs, 120 Ky. 368, 27 K.L.R. (1905).
In view of the above and particularly based on the 1984 amendment, we do not believe that the clerk is required to check the names of the two signers of a candidate's notification and declaration paper to determine whether or not they are registered members of his political party. The determination of this question is a matter for an opposing candidate or a qualified voter of the party to raise in Circuit Court pursuant to the provisions of KRS 118.176.
We also might point out that the 1984 amendment to KRS 118.165 eliminated the provision allowing a candidate to correct any error found on the face of the petition not later than 72 hours after the filing deadline. In other words, once the deadline for filing has lapsed, under KRS 118.365, the filing papers of the candidate cannot be changed or corrected. Brodie v. Hook, 135 Ky. 87, 121 S.W. 979 (1909).