Request By:
Mr. Donald Deaton
Box 1195
Harlan, Kentucky 40831
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of November 20 in which you raise the following questions:
"If the mayor of a 4th class city resigns from office in the month of January 1979, would a Mayor run in the May Primary? And would that Mayor have to run in the November final election? Does the city council of a 4th class city pick someone, either of the councilmen or someone outside the council, to fulfill the duties of the Mayor until the next election? "
If the mayor of a fourth class city resigns his office in January of '79 or at any time less than seventy (70) days before the May primary [May 29], party nominations would have to be made at the May primary for the November election, which would be an election for an unexpired term since the present term would not expire until January, 1982, the next regular election being in November, 1981. Of course, candidates for the vacancy could run as independents by filing not less than fifty-five (55) days before the November election, and parties could make a nomination for the November election if the vacancy occurred less than 70 days before the May primary. See KRS 118.155, KRS 118.375 and Constitution § 152.
We also might add that regardless of whether anybody files for the vacancy, the office would have to be listed on the November ballot, providing of course the vacancy occurs less than three (3) months before the November election as provided in § 152 of the Constitution.
Where a vacancy is created in the office of mayor, the city council is authorized to fill the vacancy pursuant to KRS 86.240. Whoever is appointed will serve only through the '79 November election, at which time the person elected will take office as soon thereafter as he receives his certification of election and executes the oath of office. Such person will, of course, serve out the remainder of the unexpired term.