Hallahan v. Moody

419 S.W.2d 770, 1967 Ky. LEXIS 196
CourtCourt of Appeals of Kentucky
DecidedOctober 19, 1967
StatusPublished
Cited by1 cases

This text of 419 S.W.2d 770 (Hallahan v. Moody) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hallahan v. Moody, 419 S.W.2d 770, 1967 Ky. LEXIS 196 (Ky. Ct. App. 1967).

Opinions

DAVIS, Commissioner.

The appellee, Orville Moody, and five other residents of Jeffersontown presented to the appellant, James Hallahan, Clerk of the Jefferson County Court, a nominating petition and requested that their names be placed upon the ballot as candidates for six councilmanic seats to be voted upon in Jeffersontown at the general election, November 7, 1967. The nominating petition was presented to the appellant-clerk after the date of the primary election held in May 1967. The appellant-clerk declined to accept the nominating petition because it had not been filed at least forty-five days before the day of the May 1967 primary as required by KRS 86.225. The petition was not alleged to be deficient in any other respect.

Appellee Moody instituted this action seeking a declaration of rights and demand[772]*772ing that the names of the six proposed candidates be placed upon the ballot to be submitted to the electors of Jeffersontown at the November 7, 1967, election. The trial court granted the relief sought and held KRS 86.225 unconstitutional as being “ * * in violation of the Constitution of the Commonwealth of Kentucky, particularly but not limited to Section 59.”

The appellant challenges the propriety of the judgment and asserts that KRS 86.225 is constitutional and dispositive of the issues at bar. The appellee argues that the judgment of the trial court is correct and presents three bases in support of it: (1) KRS 86.225is not applicable to independent candidates nominated by petition; (2) KRS 86.225was repealed by implication by the ¡subsequent re-enactment of KRS 118.070, 118.080, and 118.130; and (3) in any event, KRS 86.225 is unconstitutional.

KRS 86.225 was enacted in 1960 and provides: 1

“No person shall be a candidate for any elective city office in a city of the fourth class that is operating under the council-manic form of government, unless his nomination papers have been filed with the county court clerk not less than forty-five days before the day fixed by law for the holding of primary elections.”

Jeffersontown became a city of the fourth class in 1966. KRS 81.010. It operates under the councilmanic form of government. Agreed statements of counsel upon oral argument disclosed that six persons filed nomination papers as Republican candidates for the councilmanic offices of Jeffersontown at least forty-five days before the date of the primary election of May 23, 1967. These individuals filed a brief as amici curiae, as did the Attorney General.

Appellee’s contention that KRS 86.225does not apply to candidates nominated by petition is an ingenious one, but we are not persuaded by it. Appellee contends that the words “nomination papers” as used in the statute have specific legal reference to the papers required to be filed by candidates in partisan primary elections. In support of this contention, appellee cites various sections of KRS Chapters 119 and 124 in which the expression “nomination papers” is frequently used as descriptive of the documents required to be filed in party primaries. The appellee suggests that the legislature should and would have used the words “nominating papers” in lieu of “nomination papers” had it intended that KRS 86,225 should apply to independent candidates nominated by petition. Without belaboring the point, we are convinced that the legislative intent deducible from reading KRS 86.225 plainly embraces all candidates for any elective city office in a city of the fourth class operating under the coun-cilmanic form of government. It should be observed that absent such a construction, there would have been no reason for the adoption of KRS 86.225, since other statutory provisions already required that the nomination papers of all but independent candidates be filed not less than forty-five days before the day fixed for holding the primary election.

Appellee points out that KRS 119.020(4) specifically excludes partisan primary elections for certain candidates in fourth-class cities operating under the commission form of government or the city-manager form of government. It is reasoned by the appellee that the real purpose of KRS 86.225 was to make it perfectly clear that the nomination papers required by KRS 119 are required for fourth-class cities operating under the councilmanic form of government in instances where candidates wish to represent major political parties. In our view this argument is untenable and requires a strained construction. We hold that KRS 86.225 is applicable to candidates for city offices [773]*773in fourth-class cities operating under the councilmanic form of government whether they file in party primaries or as independent candidates, because we are persuaded that the legislative intent impels that conclusion. Asher v. Stacy, 299 Ky. 476, 185 S.W.2d 958; City of Frankfort v. Triplett, Ky., 365 S.W.2d 328.

Appellee points to the re-enactment of KRS 118.070, 118.080, and 118.130 as superseding KRS 86.225. This argument overlooks the fact that the three cited sections of KRS Chapter 118 were in force in 1960 when KRS 86.225 was enacted, and that the subsequent re-enactment in 1964 of KRS 118.070, 118.080, and 118.130 was accomplished for the sole purpose of affecting elections for members of boards of education.

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Bluebook (online)
419 S.W.2d 770, 1967 Ky. LEXIS 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hallahan-v-moody-kyctapp-1967.