67.050 County commissioners -- Election to ascertain having -- Return to prior form of government.
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county desires to have county commissioners, the county judge/executive, upon an
application by written petition signed by registered voters of the county equal in
number to at least fifteen percent (15%) of the total number of votes cast in the
county in the preceding presidential election or one thousand two hundred (1,200)
registered voters of the county, whichever is less, shall enter an order on his order
book calling an election to submit to the legal voters of the county the following
question: "Are you for or against having a fiscal court composed of three (3)
commissioners and the county judge/executive?" The order shall be entered at the
next regular term after the petition is filed, and shall direct the election to be held at
the next regular election to be held in the county if the order is filed with the county
clerk not later than the second Tuesday in August preceding the day of the regular
election. The county clerk shall give to the sheriff or other officer appointed to hold
the election a certified copy of the order within five (5) days after the order is made,
and the sheriff or other officer shall have the order published pursuant to KRS
Chapter 424 and in addition advertise it by printed handbills posted at one (1) or
more conspicuous places in each precinct in the county for the length of time that
publication is required, stating when the election will be held and the purpose
thereof. (2) All such elections shall be held under the general election laws. No such election shall be held in any county more often than once in four (4) years. (3) Any county that has voted in favor of having county commissioners may return to its prior form of government by following the same procedures as provided in
subsections (1) and (2) of this section, by which it chose to have county
commissioners. A petition for an election on a return to a fiscal court composed of
justices of the peace and the county judge/executive shall state a proposed number
of justices of the peace. The question to be submitted to the voters shall be in the
following form: "Are you in favor of a return to a fiscal court composed of the
county judge/executive and (insert the proposed number of justices) justices of the
peace who shall represent specific districts within the county?" (4) If a majority of the votes cast at an election held under subsection (3) of this section are in favor of a return to a fiscal court composed of justices of the peace and the
county judge/executive, the fiscal court shall, if necessary, initiate proceedings to
reapportion the justices districts, and such reapportionment shall conform to the
requirements of KRS 67.045. The change in the composition of the fiscal court shall
become effective upon the assumption of office of justices of the peace elected at
the next regular election for that office. Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 335, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 195, sec. 33, effective July 15, 1996. -- Amended 1984 Ky. Acts
ch. 107, sec. 1, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 142,
effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. -- Amended 1968 Ky. Acts ch. 80, sec. 1. -- Amended
1966 Ky. Acts ch. 239, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 1847.