Whether a deputy sheriff must resign the position upon announcing candidacy for sheriff.

COMMONWEALTH OF KENTUCKY OFFICE OF THE ATTORNEY GENERAL ANDY BESHEAR ATTORNEY GENERAL OAG 17-005 CAPITOL BUILDING, SUITE 118 700 CAPITOL AVENUE FRANKFORT, KENTUCKY 40601 (502) 696-5300 FAX: (502) 564-2894 March 24, 2017 Subject: Whether a deputy sheriff must resign the position upon announcing candidacy for sheriff Requested by: Matt Smith Greenup County Deputy Sheriff Written by: Matt James Syllabus: A deputy sheriff may run as a candidate for sheriff without creating a conflict until being sworn into office as sheriff Statutes construed: KRS 61.080, KRS 61.090 OAGs cited: OAG 84-103, OAG 77-117 ### Opinion of the Attorney General Matt Smith, Greenup County Deputy Sheriff, has requested an opinion of this office on whether he may run for sheriff without vacating the office of deputy sheriff. We advise that a deputy sheriff may run for office as sheriff without creating a conflict until the deputy sheriff is sworn into and accepts the duties of an incompatible office. KRS 61.080(2) provides that “the offices of . . . sheriff, deputy sheriff . . . shall be incompatible.” However, “the question of incompatibility only arises when an officer or employee assumes the office for which he is a candidate.” OAG 84-103. “The constitutional and statutory reference to incompatible offices does not apply to a candidate running for office but only when he assumes a position that is incompatible with the one he holds.” OAG 77-117. Accordingly, a deputy sheriff may run for the office of sheriff without resigning the position of AN EQUAL OPPORTUNITY EMPLOYER M/F/D OAG 17-005 Page 2 deputy sheriff. The incompatibility would not be created until the deputy sheriff assumes the office of sheriff, in which case KRS 61.090 provides that “the acceptance by one (1) in office of another office or employment incompatible with the one (1) he holds shall operate to vacate the first.” ANDY BESHEAR ATTORNEY GENERAL Matt James Matt James Assistant Attorney General