Request By:
Honorable Drexell R. Davis
Secretary of State
State Capitol
Frankfort, Kentucky 40601
Opinion
Opinion By: David L. Armstrong, Attorney General, Commonwealth of Kentucky
This is in response to your letter of April 16 in which you request the Attorney General to furnish you the wording of the two proposed constitutional amendments to be voted on by the electorate at the November 4 General Election.
Pursuant to Chapter 36 (Senate Bill 10) and Chapter 140 (House Bill 1) of the 1986 Acts of the General Assembly and Section 256 of the Kentucky Constitution, two proposed constitutional amendments are to be submitted to the electorate at the General Election to be held on November 4, 1986.
You as Secretary of State are required by KRS 118.415 (1) to publish the text of the proposed amendments in their entirety together with notice of the fact that they will be submitted to the voters for their acceptance or rejection, 100 days preceding the November election which would be not later than July 28. The manner of publication is detailed in the referred to statute and the text of the amendments are found in Chapters 36 and 140 of the 1986 Acts mentioned above.
In accordance with the mandate of KRS 118.415(2), the Attorney General is required to state the substance of these amendments to be submitted to the electorate in the form of questions and must certify the ballot questions to the State Board of Elections for their inclusion on the voting machines throughout the state at the November 4 election.
The wording of the constitutional amendments that are to be certified by the State Board of Elections to the various county clerks throughout the state not less than 70 days before the November election (not later than August 26) for placement on the voting machines is as follows: CONSTITUTIONAL AMENDMENT #1Shall sections 91, 93, 95 and 183 of the ConstitutionYESbe amended so as to: (1) abolish the elective office ofsuperintendent of public instruction; (2) provide for a stateNO(2) provide for a stateboard of education appointed by the governor with senateapproval, consisting of thirteen members serving six yearterms, who are eligible to serve no more than two consecutiveterms, the original appointees serving staggered terms begin-ning July 1, 1987, three appointees for six year terms, two forfive year terms, two for four year terms, two for three yearterms, two for two year terms, and two for one year terms, atthe designation of the governor, with qualifications and dutiesprescribed by statute; (3) provide that one appointment be madefrom each of the seven supreme court districts and six appoint-ments from at large; (4) provide that the state board ofeducation appoint by contract a superintendent of public in-struction for a maximum term of five years who may serve con-security contractual periods subject to removal for cause asprescribed by law, with duties and qualifications fixed by theboard or statute, and with salary and allowance fixed by theboard; (5) provide that the state board of education takingoffice July 1, 1987 appoint an acting superintendent of publicinstuction to take office the first Monday in January, 1988;and (6) provide a schedule of transition for the superintendentof public instruction and members of the state board ofeducation in office at the time this amendment is ratified?CONSTITUTIONAL AMENDMENT #2Shall Section 160 of the Constitution be amended toYESallow mayors of cities of the first and second classes to servetwo successive terms beyond their original terms?NO
CERTIFICATE
To The Honorable Drexell R. Davis, Secretary of State and Chairman, State Board of Elections, State Capitol, Frankfort, Kentucky 40601
Pursuant to the provisions of KRS 118.415(2), I hereby certify that the above questions contain the substance of the proposed amendments to the Constitution enacted by the 1986 General Assembly as detailed in Chapters 36 and 140 of the Acts that are required to be submitted to the electorate for their ratification or rejection at the General Election to be held on November 4, 1986.
This the 7 day of May, 1986.