Request By:
Mr. Paul Wright, Superintendent
Lawrence County Schools
P.O. Box 607
Louisa, Kentucky 41230
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Robert L. Chenoweth, Assistant Attorney General
You have asked the Office of the Attorney General to consider several questions regarding KRS 157.565. These questions have arisen from action of the Lawrence County Board of Education which advertised that a public hearing would be held to raise the tax rate to 15 in order to qualify for power equalization as of July 1, 1979. A public meeting was held and no opposition to that tax increase was given. After the public meeting the board of education voted to put the tax rate at 15 within the thirty-day period of time as provided by law. The board of education did not receive any petition asking that the raise be placed on the ballot nor has one been received to this date.
You further indicated, however, that within the thirty days after passage of the resolution by the board of education petitions were turned in to the county court clerk's office. You stated that twenty-five percent of the voters in the largest race in the last presidential election would be 1,070 votes but that only 806 signatures were on the petitions. Some of the pages of the petition had places for name and number of precinct but this information was not always filled in. You further stated that the county court clerk placed in the newspaper that the election commission of the county would meet to place this matter on the May ballot. Your questions concerning this matter are as follows:
1. Does the petition have to be turned into the Board of Education or their secretary.
2. Do they have to have the full 25 .
3. Does the petition have to be marked to indicate the precinct name and number.
4. Does the Board of Education, with the assistance of the Board of Elections, make the decision as to whether this goes on the ballot.
5. Who writes the question that is place on the ballot.
We believe the answers to your questions may be ascertained from the plain language of the statute. Thus, we quote the pertinent provisions of KRS 157.565:
"(1) Notwithstanding any statutory provisions to the contrary, the board of education of any district in any year in which the total school tax rate is less than the maximum rate supported by the district power equalization program in that or the next subsequent school year, as provided for in KRS 157.555 and 157.560, shall have the authority to raise the maximum permissible local ad valorem tax rate as provided in KRS 160.470 to an amount not to exceed ten cents ($ .10) for the school year beginning on July 1, 1978, and a rate not to exceed fifteen cents ($ .15) for the school year beginning July 1.
(a) The district board of education shall give notice of the proposed rate increase. Notice shall be given by causing to be published at least one (1) time in a newspaper of general circulation in the district, or in any other good faith manner if there is no such newspaper, the fact that such rate is being levied. Such advertisement shall state that the district board of education will meet at a place and on a date fixed in the advertisement, not earlier than one (1) week and not later than two (2) weeks from the date of the advertisement, for the purpose of hearing comments and complaints regarding the proposed increase and explaining the reasons for such proposal.
(b) The order or resolution levying the school tax designated heretofore in this section shall go into effect not less than thirty (30) days nor more than one hundred twenty (120) days after its passage. If during the thirty (30) days immediately following the passage of the order or resolution a petition signed by a number of registered and qualified voters equal to twenty-five percent (25%) of the votes cast in the school district or combined taxing district levying the tax for the office receiving the greatest total vote as the last preceding presidential election is presented to the school board protesting against passage of the order or resolution, the order or resolution shall be suspended from going into effect for that district until after the election provided for in subsection (c) of this section. Each sheet of the petition shall contain the names and addresses of voters in but one (1) voting precinct and each shall state the name, number, or designation of the precinct and, where applicable, the name, number or designation of the district or ward wherein the precinct is situated. Each voter shall sign his name in the same manner as he signed the current registration form described in KRS 116.155 or subsection (2) of KRS 116.045, as the case may be. If the signature is difficult to read, the voter shall, on the same line legibly write or print his name in the same fashion as he signed it. One or more persons shall verify by affidavit the signatures and addresses of the signers of the petition. The board or boards of registration in the county shall provide necessary and appropriate aid to the school board or boards so that the latter may make the determination of whether the petition contains enough signatures of qualified voters to suspend the effect of the order or resolution.
(c) Thereupon, if it has been determined that the petition contains enough valid signatures to suspend the effect of the order or resolution, the county board of elections shall submit to the voters of the school district in which a valid recall petition has been filed pursuant to subsection (b) of this section at the next regular May or November election the question as to whether the tax shall be levied. The question shall be so framed that the voter may by his vote answer, 'for' or 'against.' If a majority of the votes cast in a district upon the question oppose its passage, the order or resolution shall not go into effect in that district. If a majority of the votes cast in a district upon the question favor its passage, the order or resolution shall go into effect in that district. In the event that the election is to be held in more than one (1) school district within a county the votes shall be counted separately."
In answer to your first question, we believe the petition is to be placed in the hands of a member of the school board or a responsible person employed in the school board's office. KRS 157.565(1)(b) provides that the petition is to be "presented to the school board. "
As concerns your second question, we see no exception provided in the law which would permit a petition to be considered valid which had not been signed "by a number of registered and qualified voters equal to twenty-five percent (25%) of the votes cast in the school district or combined taxing district levying the tax for the office receiving the greatest total vote at the last preceding presidential election. . . ." KRS 157.565(1)(b).
Again, in answer to your third question, the statute provides that "each sheet of the petition shall contain the names and addresses of voters in but one (1) voting precinct and each sheet shall state the name, number, or designation of the precinct and, where applicable, the name, number or designation of the district or ward wherein the precinct is situated. " KRS 157.565(1)(b).
Your fourth question asks who makes the decision as to whether the tax matter will go on the election ballot. The last sentence of KRS 157.565(1)(b) reads:
"The board or boards of registration in the county shall provide necessary and appropriate aid to the school board or boards so that the latter may make the determination of whether the petition contains enough signatures of qualified voters to suspend the effect of the order or resolution." (Emphasis supplied.)
As emphasized, "the latter" refers to the school board and it is the school board which is responsible for making the determination of whether the petition contains enough signatures of qualified voters to suspend the effect of the order or resolution. Then in KRS 157.565(1)(c) it is to be noted that once the above determination is made, the county board of elections shall submit the tax question to the voters.
Your last question portends that a squabble among local officials exists regarding this entire matter, which is utterly ridiculous. KRS 157.565(1)(c) mandatorily directs the county board of elections to submit the question to voters upon determination by the local board of education that a valid petition exists. The statute prescribes the framework for the question. Although we believe who in fact frames the question is inconsequential, we suggest that the local board of education should fulfill this task.