Petition for election.
A petition for an election shall be signed by a number of constitutionally qualified voters of the territory to be affected, equal to twenty-five percent (25%) of the votes cast in the territory at the last preceding general election. The petition may consist of one (1) or more separate units, and shall be filed with the county clerk.
The petition for election, in addition to the name of the voter, shall state also his residence address, Social Security number or date of birth, and the correct date upon which his name was signed.
No signer may withdraw his name or have it taken from the petition after the petition has been filed. If the name of any person has been placed on the petition for election without his authority, he may appear before the county judge/executive before the election is ordered and upon proof that his name was placed on the petition without his authority, his name may be eliminated by an order of the county judge/executive. When his name has been eliminated, she shall not be counted as a petitioner.
After a petition for election has been filed, the county judge/executive shall make an order on the order book fo the court directing an election to be held in that territory.
242.030 Date of election.
The date of the election may be stated in the petition for election. If the date is not stated, it shall be designated by the county judge/executive.
The election shall be held not earlier than sixty (60) nor later than (90) days after the date the petition is filed with the county clerk.
No election shall be held in the same territory oftener than once in every three (3) years.
242.040 Advertisement of election.
Within five (5) days after the county judge/executive orders an election, the county clerk shall give to the sheriff a certified copy of the order. The sheriff shall have the order published pursuant to KRS Chapter 424 in the county. When the election is ordered for the entire county, the sheriff shall also advertise the order by written or printed handbills posted at not less than five (5) conspicuous places in each precinct of the county for two (2) weeks before the election, and, when the election is ordered held in a city, district or precinct, at five (5) conspicuous places in each precinct therein for the same length of time. The sheriff shall report in writing to the county judge/executive that the notices have been published and posted.
242.060 General election laws apply to elections -- Cost.
The general election laws, including penalties for violations, shall apply to the election, except where these laws are inconsistent with the chapter.
The cost of the election shall be borne by the county.
242.070 Committee to nominate officers and certify challengers, witnesses and guards.
Not more than twenty (20) days prior to an election, any group of citizens that in good faith favors or opposes the proposition to be submitted may file with the chairman of the county board of elections a petition asking that it be recognized as the committee entitled to nominate election officers and to certify challengers, witnesses to the counting of the votes and certification of the results and guards to assist in guarding the boxes containing the votes which have been cast during the period which the group desires. If more than one (1) group claims the right to nominate election officers and certify challengers, witnesses and guards, the county board of elections shall promptly decide and publicly announce which committee is entitled to nominate officers and certify challengers, witness and guards. That decision shall not become final, but any aggrieved party may appeal to the county judge/executive, and upon hearing the county judge/executive shall determine which group shall be recognized.
242.080 Nomination of officers and issuance of certificates designating challengers, witnesses and guards.
The respective committees advocating and opposing the proposition shall each file with the chairman of the county board of elections before the time designated for the selection of officers a list of not more than four (4) persons possessing the qualifications of election officers for each voting precinct and the board of elections shall appoint the officers from those lists, as provided in KRS 242.090.
The committees may sign and issue certifcates designating challengers at the polls, witnesses to the count of votes and guards to assist in guarding the boxes containing votes which have been cast, in the same manner as political committees under the general election laws.
242.090 Appointment of election officers, challengers, witnesses and guards.
The county board of elections, not more than fifteen (15) and not less then ten (10) days before the day appointed for the holding of the election, shall appoint officers to conduct the election, in the manner provided by general election laws. It shall make equal division of officers between those favoring and those opposing the proposition instead of between political parties. The same equal division of challengers at the polls, of witnesses at the count, and of guards to guard the boxes, shall be made.
242.100 Traffic in alcoholic beverage on election day prohibited.
Upon each day that a primary or regular election is held, no place where alcoholic beverages are sold in the county in which the territory affected is situated shall be open at any time during the day. No person in that county shall sell, loan, furnish, or give to any person any alcoholic beverage on that day.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 252, sec 1, effective July 15, 1994
242.110 Certification of results.
The result of the elections shall be certified by the county board of elections. The certificate of the result shall be immediately filed with the county clerk and the county judge/executive shall have the certifcate entered on the order book. The entry of the certificate, or an attested copy thereof, shall be prima facie evidence of the result of the election in actions under this chapter.
242.120 Recounts and contests.
Any qualified voter may demand a recount of the votes or contest the election in the same manner as is provided for the recount of votes or contest of general elections of county officers by KRS 120.155 to 120.185. The members of the county board of election commissioners shall be names as contestees and summons shall be served upon them. Any qualified voter may intervene as contestee by filing a petition to be made a party in the action.