Request By:
Mr. J. William Phillips
City Attorney of Murray
P.O. Box 52
Murray, Kentucky 42071
Opinion
Opinion By: Robert F. Stephens, Attorney General; Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of March 27, 1978 in which you relate that following the election of members of the city council in 1977 one of the members resigned and the vacancy was filled by the city council pursuant to KRS 85.310. Under the circumstances you desire to know whether the term of the appointed councilman will expire at the regular election 1978 or would he serve out the remainder of the unexpired term which ends in January 1980.
In connection with your question you relate the following facts:
"The territorial limits of the Murray Independent School District is not identical with the city limits of Murray in that the Murray School District includes certain areas outside the city limits, and does not include certain areas within the city. The territorial limits of the Calloway County School District likewise is not identical with nor does it include all of the City of Murray."
As you know Section 152 of the Constitution requires all vacancies in elective offices to be filled at the next regular election embracing the area in which such vacancy occurred. See
Smith v. Ruth, 308 Ky. 60, 212 S.W.2d 532 (1948); and
Brumleve v. Ruth, Ky., 513, 195 S.W.2d 777 (1946).
Also, as you point out the congressional elections this year do not qualify as state elections under Section 152. Likewise the regular election for Supreme Court Justice for the Third District would likewise not qualify since it does not embrace the City of Murray.
From the facts related it is not altogether clear that there will not be school elections covering the entire City of Murray. You relate that the Murray Independent School District does not embrace the entire city but at the same time you also indicate that there is another school election that apparently embraces parts of the city but not all. As a consequence, if there will be elections in both the county and independent school districts in 1978 and their territory is adjacent to each other and at the same time [by the combined elections] take in the entire City of Murray though neither, alone embrace the City of Murray, we believe that the terms of Section 152 would be complied with in that there would be regular elections at which all of the voters of the city would participate though they would not be entitled to vote for the same officers. Consequently, the vacancy would have to be filled this November 1978.
On the other hand, if there are parts of the city that are not included in either or both of these elections there would be no regular election embracing the entire city within the meaning of Section 152 of the Constitution and no election could be held for the unexpired term in question. That being the case the appointee could serve out the remainder of the unexpired term ending in January 1980 since the next regular election for city council would be at the November election 1979.