Request By:
Mr. J. U. Grow, Clerk
Simpson County Court
P.O. Box 268
Franklin, Kentucky 42134
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Suzanne Guss, Assistant Attorney General
Thank you for your letter of July 22, 1981. In that letter you ask when the city of Franklin, located in Simpson County, may petition for a city-wide local option election. You further state that as a result of a local option election held on July 21, 1981 Simpson County voted in favor of prohibition.
You are correct in stating that another county-wide election may not be held until three years have passed from the date of the last election. KRS 242.030 prohibits a local option election "in the same territory oftener than once in every three (3) years." As defined by statute "territory" means county, city, district or precinct. KRS 242.010(5). However, a local option election in a fourth-class city "shall not be deemed to be an election in the 'same territory' as that in which the county-wide election was held within the meaning of subsection 5 of KRS 242.030." Karloftis v. Mills, Ky., 229 S.W.2d 477, 479 (1950). In Karloftis v. Mills, supra, the court reiterated the language of KRS 242.125(1) which permits a fourth-class city to conduct an election within three years of an election in favor of prohibition held by the county embracing the city:
(1) In any county in which the provisions of KRS 242.220 to 242.430 are applicable by reason of an election for the entire county having heretofore resulted in favor of prohibition, an election may be held in any city of the first four (4) classes in such county to take the sense of the people of the city as to the discontinuance of prohibition in the city. For this purpose, the election in the city shall not be deemed to be an election in the 'same territory' as that in which the county-wide election was held, within the meaning of subsection (5) of KRS 242.030. If, at the election for a city, the majority of the votes cast are against prohibition, the vote makes KRS 242.220 to 242.430 inapplicable to the entire city, but this does not prevent an election from thereafter being held in any precinct of the city, subject to the provisions of KRS Chapter 242, to take the sense of the people of the precinct as to the application of KRS 242.220 to 242.430 in the precinct. (Emphasis added).
Thus, the city of Franklin is a separate territorial unit for the purpose of determining its status on the issue of prohibition and may proceed immediately with a separate city-wide election.
Your next question concerns the date on which the election can be set after the petitioning. After the petition for election has been filed with the county clerk, the county judge/executive shall issue an order directing an election to be held in the territory. KRS 242.020(4). The date for the election, if not stated in the petition, shall be designated by the county judge/executive. KRS 242.030(1). The election must be held within sixty to ninety days after the petition was filed. KRS 242.030(2). However, the election may not be held on the same day that a primary or general election is held in the territory nor within thirty days of a regular political election. KRS 242.030(3).
Enclosed for your information are three previous opinions issued by this office dealing with similar issues (OAG 70-500, OAG 66-309, OAG 76-624). If I can provide additional assistance in this area, please do not hesitate to contact me.