context: Finally, Defendant Hollan points to K.R.S. SS 61.035, which provides that: "Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy." Although this statute is one of general application in that it does not specifically mention County Clerks or deputy county clerks, Kentucky courts have held that it can apply to deputy county clerks in the performance of some duties.
citation_a.signal: see
citation_a.identifier: 383 S.W.2d 374, 376
citation_a.parenthetical: a deputy county clerk can participate in the public examination of absentee ballot applications by virtue of K.R.S. SS 61.035
citation_a.sentence: See Halla-ban v. Cranfill, 383 S.W.2d 374, 376 (Ky. 1964) (a deputy county clerk can participate in the public examination of absentee ballot applications by virtue of K.R.S. § 61.035); see also Asher v. Sizemore, 261 S.W.2d 665, 666 (Ky.1953) (a deputy county clerk can administer an oath in his or her own name pursuant to K.R.S. § 61.035). This statute, however, is not a clear enough expression of the Kentucky General Assembly’s wish to convert the position of deputy county clerk into a political position covered by one of the McCloud categories.
citation_b.signal: see also
citation_b.identifier: 261 S.W.2d 665, 666
citation_b.parenthetical: a deputy county clerk can administer an oath in his or her own name pursuant to K.R.S. SS 61.035
citation_b.sentence: See Halla-ban v. Cranfill, 383 S.W.2d 374, 376 (Ky. 1964) (a deputy county clerk can participate in the public examination of absentee ballot applications by virtue of K.R.S. § 61.035); see also Asher v. Sizemore, 261 S.W.2d 665, 666 (Ky.1953) (a deputy county clerk can administer an oath in his or her own name pursuant to K.R.S. § 61.035). This statute, however, is not a clear enough expression of the Kentucky General Assembly’s wish to convert the position of deputy county clerk into a political position covered by one of the McCloud categories.