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Request By:

Honorable Charles W. Ferguson
Counselor at Law
Kentucky Home Life Building
239 South Fifth Street
Louisville, Kentucky 40202

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General

This is in answer to your letter of June 9 in which you, as city attorney for the city of Audubon Park [a fifth class city] in Jefferson County, raise the question concerning the filling of a vacancy that has occurred in the office of mayor. The council has, pursuant to KRS 87.210, filled the vacancy by appointment, however, the question is raised as to when an election must be held for the unexpired term.

Section 152 of the Constitution controls the filling of all vacancies in elective offices and requires such vacancies to be filled at the next regular election for any state or local office that will embrace the area in which such vacancies occur. See

Smith v. Ruth, 308 Ky. 60, 212 S.W.2d 532 (1948); and

Brumleve v. Ruth, 302 Ky. 513, 195 S.W.2d 777 (1946). Other than federal elections which do not qualify as elections to fill vacancies under Section 152, the only regular elections in Jeferson County in November, 1978 are school board elections throughout the state; however, they do not embrace the entire county and, therefore, may not embrace the city of Audubon Park.

On the other hand, if a local school board race this November does, in fact, embrace the entire city of Audubon Park, then the vacancy in the ofifce in question would have to be filled at that time for the unexpired term, and whoever is elected will immediately take office following the receipt of his certificate of election and of course his qualification. See

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1978 Ky. AG LEXIS 314
Forward Citations:
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