Deputy Clerk Nathan Collins sworn in as Clerk, plans write-in run

It was a sad and tragic day for Clinton County on Thursday as Shelia Booher passed away in Nashville, Tennessee after being hospitalized on Saturday, September 29 after suffering a massive stroke.

Booher was Clinton County Clerk and had been since Jim Elmore retired in 2012. Before 2012, she had worked under Elmore as his Deputy Clerk for many years.

Booher was buried Sunday and a full death notice can be found on page four of this week’s edition.

Booher was the Republican candidate for Clinton County Clerk this fall as she was going up against Dan Thomas, the Democratic candidate for Clinton County Clerk.

Since Booher suffered the stroke, questions have came up as to the status of the election, which is only three weeks away.

According to KRS 118.212 section four, after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall officially withdraw or die, neither the precinct election officers nor the county board of elections shall tabulate or record the votes cast for the candidate.

“It’s been a sad week,” Clinton County Attorney Michael Rains said. “It’s been a learning experience for me. I’ve called the secretary of state and different people to try and get information on the issue.”

On Thursday, Clinton County Judge/Executive Richard Armstrong signed an executive order appointing Nathan Collins as Clinton County Clerk for the remainder of Booher’s term, which will run through midnight of the first Monday in January 2019.

“Nathan will be running the office until the expiration of the term,” Rains said. “This is what makes this a unique situation because people die while in office and people resign from office, but it’s usually not a month from an election. Write-ins (candidates) have until October 26 at 4 p.m. to file.”

According to KRS 117.265(2), Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate with the Secretary of State or county clerk, depending on the office being sought, on or before the fourth Friday in October preceding the date of the regular election and not later than the second Friday before the date of a special election.

“The county clerk will provide a certified list of those who have a declaration of intent,” Rains said. “Sheila’s name is on the ballot and will probably remain on the ballot, but under KRS 118.212, her votes won’t count.”

Rains said each precinct will have a sign displayed that will notify voters of the change at the voting houses.

“There is another statue that says a governing authority of a party can nominate a candidate for the regular election,” Rains said. “I’ve checked, and there is no local governing party for the Republican party in Clinton County. The Secretary of State thought the head of the party could do that, but there is time limits on that, but even he wasn’t for sure on that.”

According to KRS 118.105(4), … the governing authority of each party may nominate a candidate for the regular election, provided that no person has sought that party’s nomination by filing a notification and declaration.

Section five of KRS 118.105 states if a vacancy occurs in the nomination of a candidate under the conditions of subsection (3) or (4) of this section prior to September 15 preceding the day of the regular election, certificates of nomination for replacement candidates shall be filed in the same manner as provided in subsections (3) and (4) not later than 4 p.m. 10 days after the vacancy occurs, excluding weekends and legal holidays. If a vacancy occurs in the nomination of a candidate under the conditions of subsections (3) or (4) of this section on or after September 15 preceding the date of the regular election, certificates of nomination for replacement candidates shall be filed in the same manner as provided in subsections (3) and (4) not later than 4 p.m. five days after the vacancy occurs, excluding weekends and legal holidays.

“That’s kind of the procedure … her name is on the ballot, votes won’t count, it has to be noted that they won’t count at all the offices, and write-ins have to be filed officially by the 26th of October,” Rains said.

Collins has officially filed his intent to run as a write-in candidate for the November election.

Rains said Collins’ name will not appear on the ballot and it is his belief that anyone wanting to vote for Collins will have to manually type his name in to cast a vote for him.

“As a write-in I’m pretty sure his name won’t show up,” Rains said.

Judge Mike Lawson administered the oath of office to Nathan Collins as Clinton County Clerk on Friday morning to fill out the remainder of Shelia Booher’s term. Booher suffered a massive stroke on September 29 and passed away on Thursday, October 4.