112 Ky. 232 | Ky. Ct. App. | 1901
Opinion of the couet by
Reversing.
In September, L897, a primary election was regularly called to nominate candidates for State senator and other offices in Kenton .county, on October 15, 1897. The com
The question presented is, can the committee fix an earlier day for the candidates to submit their names to it, or is the statute allowing this to be done not later than 15 days before the primary, election conclusive? The circuit court seems to have acted on the idea that the committee might fix an earlier date as the last day for the submission of the names of candidates'. By section 1550 a “primary election” is defined as an election by the members of any political party or by the voters of some political faith for the purpose of nominating candidates for office. By section 1551 all primary elections must be conducted in the same form and under the same requirements as are provided by law for the holding of regular State elections, except as otherwise provided. By section 1552 any act which is an offense by the general laws of the State concerning elections is also an offense in all primary elections and punished In iike manner. By section 1553 at least 40 days’ notice must be given of the holding of a primary election. By sections 1554-1559 the qualification and registration of voters are provided for, and by section 1560 the election of officers who have the same powers and are subject to. the same restrictions as officers of regular State elections. Then follows section 1561, above quoted. It seems reasonably clear from these provisions that the legislative intent was to place primary elections on the same plane as the regular elections. Forty days’ notice of the holding of a primary election was prescribed so that all persons interested would have an opportunity to learn of
We are therefore of opinion that the circuit court erred in overruling the demurrer to the answer. The judgment is therefore reversed, with directions to 'sustain the demurrer to the answer, and for further proceedings consistent with this opinion.