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Request By:

Honorable Jonathan A. Mason
Attorney at Law
707 First National Bank Bldg.
Cincinnati, Ohio 45202

Opinion

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

This is in answer to your letter of October 16 in which you as legal counsel for a fifth class city raise the following question:

"Does the mayor of the City of Fifth Class have to resign his office in order to run for the Kentucky General Assembly in the primary as well as general election?"

Our response to your question would be in the negative. There is no constitutional or statutory provision that would require the mayor to resign his office in order to become a candidate for another public office.

The office of mayor and that of membership in the General Assembly are of course incompatible under § 165 of the Constitution and KRS 61.080; however, the incompatibility does not occur until the person assumes the second office, in which case he vacates the first office pursuant to KRS 61.090.

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 128
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