A nonprofit publication of the Kentucky Center for Public Service Journalism

AG issues opinion that election officials can post list of certified write-in candidates at polling places


By Mark Maynard
Kentucky Today

Attorney General Andy Beshear issued a legal opinion this week, saying that it was OK for election officials to post a list of certified write-in candidates at polling places.


Poll workers have been trained to not post the list of certified candidates because it violates the state’s ban on electioneering.


In his opinion, Beshear said posting the list would not break the law because it would not advocate for people to vote for or against a specific candidate.


Votes for write-in candidates only count if the candidate has filed a letter of intent by the fourth Friday in October with the Secretary of State’s office or the county clerk.


Beshear’s opinion could give a lift to a handful of current and former teachers who are running as write-in candidates for the state legislature. Beshear, a Democrat, is running for governor in 2019 and has embraced public workers in his campaign.


The Attorney General was out front opposing new laws that made changes to the state’s pension systems earlier this year during the state legislative session. Educators were particularly upset and an unprecedented 34 current and former teachers are on the ballot for seats in the state legislature.


His legal opinion is advisory only and doesn’t have the force of law. The Kentucky State Board of Elections can determine what is and what is not electioneering. The board meets Tuesday and will likely discuss the opinion.


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