Request By:
Mr. Charles R. Mullins
P.O. Box 459
McRoberts, Kentucky 41835Mr. John Mark Snider
Route 2, Box 303
Taylorsville, Kentucky 40071
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Ian G. Sonego, Assistant Attorney General, (502) 564-7600
You have asked whether a person may seek election to a district board of education as a "write-in" candidate.
KRS 117.265 authorizes write-in votes for unlisted candidates otherwise qualified for the office. KRS 160.240 authorizes general election laws to apply to candidates for the local school boards. However, as the court stated in Huff v. Black, 259 Ky. 550, 82 S.W.2d 473 at 475 (1935), "The general election laws apply in school elections except in respect of matters concerning which specific provisions have been made in the school code ." [Emphasis added.] Therefore, we must determine whether any specific provision of KRS Chapter 160 would bar write-in votes.
KRS 160.210(1)(b) states:
If no candidate files a petition for nomination for a local board of education opening pursuant to KRS 118.315 and 118.316, the chief state school officer shall fill the new term of office by appointing a member to the local board who meets the residency requirement and the qualifications for office provided in KRS 160.180. The local board of education may make nominations and any person may nominate himself or another for the office.
[Emphasis added.]
KRS 160.210(1)(b) specifically directs the "chief state school officer" to appoint a member of the local school board when no candidate has filed a nominating petition for that school board position within the statutory deadline. We think the meaning of that language is plain and specific. KRS 160.210(1)(b) necessarily precludes write-in votes when no candidate has filed a nominating petition for that school board position within the statutory deadline since no election is held in that event.
Next we must analyze whether write-in votes are permitted if at least one candidate has filed a valid nominating petition for that school board position. KRS 160.120(1)(b) does not apply if at least one valid nominating petition has been filed for that school board position. In such a situation, KRS 160.240 operates to make KRS 117.265 applicable and permit write-in votes for legally qualified candidates. See OAG 81-245 in which we concluded that KRS 117.265 was applicable to judicial elections in the absence of a specific statutory prohibition. Moreover, our conclusion on this point is also supported by KRS 160.230, which states:
The candidate names shall be presented to the voters in the form prescribed by the general election law, except that no party emblem or distinguishing mark shall be used, save the words "School Candidates" . The order in which the names of the candidates are to appear shall be determined by lot. As many additional spaces shall be left blank as there are members to be elected from the district or division as the case may be .
[Emphasis added.]
Mr. Mullins has asked about write-in votes regarding a board position in an independent school district. Mr. Snider has asked about write-in votes regarding a board position in county school district. Board members for independent school districts are elected at large by the entire school district whereas board members for county school districts are elected by geographical division. KRS 160.210(2); KRS 160.260. KRS 160.260 states:
(1) The voting in county districts shall be by divisions. Each voter shall vote for only one (1) candidate . The legally eligible candidate receiving the highest number of votes cast in his division shall be declared elected.
(2) In independent school districts each voter may vote for as many candidates as there are members to be elected , and the number of board members to be elected shall be indicated. The candidates, in number equal to the number of members to be chosen, who have the highest number of votes shall be declared elected.
[Emphasis added.]
Thus, if at least one valid nominating petition is filed for an independent school board district, KRS 160.260 and 160.230 require an election for all school board positions in that district. Therefore, in our opinion, if at least one valid nominating petition is filed for election to an independent school board, an election must be held, and write-in votes may be made for all five school board positions. If fewer than five qualified candidates receive votes for the independent school board, the "chief state school officer" is authorized to appoint the appropriate number of school board members so that a full, five member board is constituted.
In the case of a county school board district, since KRS 160.210(2) requires election by geographic division, our opinion is that write-in votes are authorized in a county school board division election only if at least one valid nominating petition has been filed for the school board position in that particular geographic division. Otherwise, KRS Chapter 160 does not require an election in that particular division, and write-in votes for the school board position in that particular division are not authorized since KRS 160.210(1)(b) directs the "chief state school officer" to appoint the school board member representing that particular division.