Request By:
Honorable G. Stephen Manning
Attorney at Law
227 Sutton Street
Maysville, Kentucky 41056
Opinion
Opinion By: Steven L. Beshear, Attorney General, By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of July 10 in which you, as legal representative of the city of Washington, a city of the fifth class, refer to the fact that effective July 21, vacancies will exist in the office of major and in one of the positions on the city council. At the same time you refer to Senate Bill 26, effective July 15, providing for the filling of vacancies in these offices by the legislative body within thirty (30) days. Under the circumstances you raise the following questions:
"Does Section 152 require the unexpired terms to be filled in the November, 1980 election?
"What procedure must the Council follow to have the County Clerk place the office of Mayor and City Councilman on the November, 1980 general election ballot and what procedure must the candidates follow to have their names placed on the ballot? "
In response to your initial question, § 152 of the Constitution controls the filling of vacancies in all elective offices. This section requires an election to fill a vacancy at the next regular election for state or local officers that embraces the area in which the vacancy occurs, provided, of course, that the term does not end that year and provided the vacancy occurs more than three (3) months prior to the November election. See
Smith v. Ruth, 308 Ky. 60, 212 S.W.2d 532 (1948).
Presidential electors will be elected this coming November and they are considered statewide officers which would make this election qualify under the terms of § 152 of the Constitution as one at which the vacancy in the office of mayor and that on the city council will have to be filled for the remaining unexpired term. See
Smith v. Ruth, supra.
In response to your second question, the city council or its clerk should notify the county clerk that the two (2) vacancies exist, and the fact that they must be filled at the November election pursuant to § 152 of the Constitution for the reasons previously mentioned. Any person, including of course the appointees, who desires to run for the unexpired terms of said offices will be required to file a petition under the terms of KRS 118.315. The petition forms that must be utilized are available in the clerk's office and, when completed, must be filed there not less than fifty-five (55) days before the November election which would be not later than September 10. Those candidates interested in filing must fill out these forms, and obtain a minimum of twenty (20) signatures and addresses of qualified voters eligible to vote for them. The completed form is then filed with the clerk as previously indicated. All candidated filing for the two (2) vacanciew will be listed in a single vertical column beneath the respective office they seek in such order as determined by lot pursuant to KRS 118.215 (3).
Whoever is elected to the office of mayor and the city council for the unexpired terms will take office immediately or as soon thereafter as he receives his certificate of election and executes the oath of office. See