UNOFFICIAL COPY 23 RS BR 1619
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AN ACT relating to city officials. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 83A.030 is amended to read as follows: 3
(1) Each city organized and governed under the mayor-council plan shall have a mayor 4
and each shall have a legislative body composed of not less than six (6) nor more 5
than twelve (12) members as prescribed by ordinance. An ordinance amending the 6
number of legislative body members shall be: 7
(a) Enacted and filed with the county clerk of any county or counties in which 8
the city is located by no later than the first Wednesday after the first 9
Monday in November of the year preceding the year in which the legislative 10
offices will appear on the ballot; and 11
(b) Crafted in such a manner that the amended number of legislative body 12
members becomes effective on January 1 of the year following the election 13
of the number of legislative body members specified in the amending 14
ordinance. 15
(2) Each city organized and governed under the commission plan or city manager plan 16
shall have a legislative body composed of a mayor and four (4) commissioners. 17
Section 2. KRS 83A.040 is amended to read as follows: 18
(1) A mayor shall be elected by the voters of each city at a regular election. A 19
candidate for mayor shall be a resident of the city for not less than one (1) year 20
prior to his or her election. His or her term of office shall begin on the first day of 21
January following his or her election and shall be for four (4) years and until his or 22
her successor qualifies. If a person is elected or appointed as mayor in response to a 23
vacancy and serves less than four (4) calendar years, then that period of service 24
shall not be considered for purposes of re-election a term of office. A mayor shall 25
be at least twenty-one (21) years of age, shall be a qualified voter in the city, and 26
shall reside in the city throughout his or her term of office. 27 UNOFFICIAL COPY 23 RS BR 1619
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(2) If a vacancy occurs in the office of mayor, the following provisions shall apply: 1
(a) The legislative body of the city shall fill the vacancy within thirty (30) 2
days;[.] 3
(b) A member of the legislative body in any city organized and governed under 4
the commission plan as provided by KRS 83A.140 or city manager plan as 5
provided by KRS 83A.150 may vote for himself;[.] 6
(c) A member of the legislative body in any city organized and governed under 7
the mayor-council plan as provided by KRS 83A.130 and in any city of the 8
first class organized under the mayor-alderman plan as provided by KRS 9
Chapter 83 shall not vote for himself; and[.] 10
(d) The legislative body shall elect from among its members an individual to 11
preside over meetings of the legislative body during any vacancy in the office 12
of mayor in accordance with the provisions of KRS 83A.130 to 83A.150. 13
(3) When voting to fill the vacancy created by a resignation of a mayor the resigning 14
mayor shall not vote on his or her successor. 15
(4) Each legislative body member shall be elected at large by the voters of each city at 16
a regular election. A candidate for a legislative body shall be a resident of the city 17
for not less than one (1) year prior to his or her election. His or her term of office 18
shall begin on the first day of January following his or her election and shall be for 19
two (2) years, except as provided by KRS 83A.050. A member shall be at least 20
eighteen (18) years of age, shall be a qualified voter in the city, and shall reside in 21
the city throughout his or her term of office. 22
(5) If one (1) or more vacancies on a legislative body occur in a way that one (1) or 23
more members remain seated, the remaining members shall within thirty (30) days 24
fill the vacancies one (1) at a time, giving each new appointee reasonable notice of 25
his or her selection as will enable him or her to meet and act with the remaining 26
members in making further appointments until all vacancies are filled. If vacancies 27 UNOFFICIAL COPY 23 RS BR 1619
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occur in a way that all seats become vacant, the Governor shall appoint qualified 1
persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies 2
shall be filled as provided in this section. 3
(6) If for any reason, any vacancy in the office of mayor or the legislative body is not 4
filled within thirty (30) days after it occurs, the Governor shall promptly fill the 5
vacancy by appointment of a qualified person who shall serve for the same period 6
as if otherwise appointed. 7
(7) No vacancy by reason of voluntary resignation in the office of mayor or on a 8
legislative body shall occur unless a written resignation which specifies a 9
resignation date is tendered to the legislative body. The resignation may be 10
submitted through electronic mail if it originates from the official's electronic 11
mail address and includes also the official's handwritten signature. The 12
resignation shall be effective at the next regular or special meeting of the city 13
legislative body occurring on or after the date specified in the written letter of 14
resignation. If a resignation date is not specified, the written resignation shall be 15
deemed to become effective at the first regular or special meeting of the legislative 16
body occurring on or after its receipt. 17
(8) Pursuant to KRS 118.305(7), if a vacancy occurs which is required by law to be 18
filled temporarily by appointment, the legislative body or the Governor, whichever 19
is designated to make the appointment, shall immediately notify in writing both the 20
county clerk and the Secretary of State of the vacancy. 21
(9) Except in cities of the first class, any elected officer, in case of misconduct, 22
incapacity, or willful neglect in the performance of the duties of his or her office, 23
may be removed from office by a unanimous vote of the members of the legislative 24
body exclusive of any member to be removed, who shall not vote in the deliberation 25
of his or her removal. No elected officer shall be removed without having been 26
given the right to a full public hearing. The officer, if removed, shall have the right 27 UNOFFICIAL COPY 23 RS BR 1619
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to appeal to the Circuit Court of the county and the appeal shall be on the record. 1
No officer so removed shall be eligible to fill the office vacated before the 2
expiration of the term to which originally elected. 3
(10) Removal of an elected officer in cities of the first class shall be governed by the 4
provisions of KRS 83.660. 5
Section 3. KRS 83A.045 is amended to read as follows: 6
(1) Except as provided in KRS 83A.047, partisan elections of city officers shall be 7
governed by the following provisions, regardless of the form of government or 8
classification of the city: 9
(a) A candidate for party nomination to city office shall file his or her nomination 10
papers with the county clerk of the county not earlier than the first Wednesday 11
after the first Monday in November of the year preceding the year in which 12
the office will appear on the ballot and not later than the first Friday following 13
the first Monday in January before the day fixed by KRS Chapter 118 for 14
holding a primary for the office sought. Signatures for nomination papers 15
shall not be affixed on the document to be filed prior to the first Wednesday 16
after the first Monday in November of the year preceding the year in which 17
the office will appear on the ballot. All nomination papers shall be filed no 18
later than 4 p.m. local time when filed on the last day on which the papers are 19
permitted to be filed; 20
(b) An independent candidate for nomination to city office shall not participate in 21
a primary, but shall file his or her nomination papers with the county clerk of 22
the county not earlier than the first Wednesday after the first Monday in 23
November of the year preceding the year in which the office will appear on 24
the ballot and not later than the first Tuesday after the first Monday in June 25
before the day fixed by KRS Chapter 118 for holding a regular election for the 26
office. Signatures for nomination papers shall not be affixed on the document 27 UNOFFICIAL COPY 23 RS BR 1619
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to be filed prior to the first Wednesday after the first Monday in November of 1
the year preceding the year in which the office will appear on the ballot. All 2
nomination papers shall be filed no later than 4 p.m. local time when filed on 3
the last day on which the papers are permitted to be filed; and 4
(c) A candidate for city office who is defeated in a partisan primary shall be 5
ineligible as a candidate for the same office in the regular election. However, 6
if a vacancy occurs in the party nomination for which he or she was an 7
unsuccessful candidate in the primary, his or her name may be placed on the 8
ballot for the regular election as a candidate of that party if he or she has been 9
duly made the party nominee after the vacancy occurs, as provided in KRS 10
118.105. 11
(2) Except as provided in KRS 83A.047, nonpartisan elections of city officers shall be 12
governed by KRS 83A.050, 83A.170, 83A.175, and the following provisions, 13
regardless of the form of government or classification of the city: 14
(a) A candidate for city office shall file his or her nomination papers with the 15
county clerk of the county not earlier than the first Wednesday after the first 16
Monday in November of the year preceding the year in which the office will 17
appear on the ballot and not later than the first Friday following the first 18
Monday in January before the day fixed by KRS Chapter 118 for holding a 19
primary for nominations for the office. Signatures for nomination papers shall 20
not be affixed on the document to be filed prior to the first Wednesday after 21
the first Monday in November of the year preceding the year in which the 22
office will appear on the ballot. All nomination papers shall be filed no later 23
than 4 p.m. local time when filed on the last day on which the papers are 24
permitted to be filed; 25
(b) Any city of the home rule class may by ordinance provide that the nomination 26
and election of candidates for city office in a nonpartisan election shall be 27 UNOFFICIAL COPY 23 RS BR 1619
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conducted pursuant to the provisions of this subsection: 1
1. A city may forgo conducting a nonpartisan primary for the nomination 2
of candidates to city office, regardless of the number of candidates 3
running for each office, and require all candidates to file their 4
nomination papers with the county clerk of the county not earlier than 5
the first Wednesday after the first Monday in November of the year 6
preceding the year in which the office will appear on the ballot and not 7
later than the first Tuesday after the first Monday in June before the day 8
fixed by KRS Chapter 118 for holding a regular election for the office. 9
Signatures for nomination papers shall not be affixed on the document 10
to be filed prior to the first Wednesday after the first Monday in 11
November of the year preceding the year in which the office will appear 12
on the ballot; 13
2. All nomination papers shall be filed no later than 4 p.m. local time when 14
filed on the last day on which the papers are permitted to be filed; 15
3. If a city does not conduct a primary pursuant to this subsection, the 16
election of candidates to city office shall be governed by the provisions 17
of this subsection, KRS 83A.175(2) to (6), and KRS Chapters 116 to 18
121; 19
4. In the absence of a primary pursuant to this subsection, the number of 20
candidates equal to the number of city offices to be filled who receive 21
the highest number of votes cast in the regular election for each city 22
office shall be elected; 23
5. Candidates shall be subject to all other applicable election laws pursuant 24
to this chapter and KRS Chapters 116 to 121; 25
6. If a vacancy occurs in a candidacy for city office in any city which has 26
not held a primary pursuant to this subsection after the expiration of 27 UNOFFICIAL COPY 23 RS BR 1619
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time for filing nomination papers, or if there are fewer candidates than 1
there are offices to be filled, the vacancy in candidacy shall be filled by 2
write-in voting; and 3
7. At the regular election, the voters shall be instructed to vote for one (1) 4
candidate, except when there is more than one (1) candidate for which 5
voters may vote, the instruction "vote for up to .... candidates" shall be 6
used on the ballot; and 7
(c) A candidate for city office who is defeated in a nonpartisan primary shall be 8
ineligible as a candidate for the same office in the regular election. 9
(3) Any city enacting an ordinance eliminating the nonpartisan primary as 10
authorized by subsection (2)(b) of this section or enacting an ordinance that 11
repeals a previously enacted ordinance that eliminated the nonpartisan primary 12
authorized by subsection (2)(b) of this section shall file the ordinance with the 13
county clerk of the county or counties in which the city is located no later than 14
the first Wednesday after the first Monday in November of the year preceding the 15
year in which city elections are held. 16
Section 4. KRS 83A.100 is amended to read as follows: 17
(1) The legislative body of a city may by ordinance divide the city into wards by either 18
of the following methods: 19
(a) The city may create the same number of wards as the number of legislative 20
body members. Wards shall be as nearly equal in population as practicable 21
and their boundaries shall be fixed by the ordinance: or 22
(b) The city may establish a hybrid ward system for the conduct of its legislative 23
body elections. A city acting under this paragraph shall provide in the 24
ordinance that a specific number of legislative body seats shall be subject to 25
the ward system and that a specific number of legislative body seats shall be 26
elected at large within the entire city without representing a particular ward. 27 UNOFFICIAL COPY 23 RS BR 1619
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The wards created under this paragraph shall be as nearly equal in population 1
as practicable and their boundaries shall be fixed by ordinance. 2
(2) The populations of wards shall be reviewed as necessary to ensure that populations 3
are as nearly equal as practicable, but the populations of wards shall be reviewed 4
for equalization at least as often as each regular federal census. 5
(3) Wards may be abolished by repeal of the ordinance creating them. No creation, 6
alteration or abolition of wards shall occur later than the first Wednesday after the 7
first Monday in November of the year preceding the year in which the city 8
legislative offices will appear on the ballot[within two hundred forty (240) days 9
preceding a regular election]. 10
(4) If a city is divided into wards, legislative body members shall be nominated and 11
elected in the following manner: 12
(a) Members shall be elected in the regular November election at large, but each 13
candidate shall reside in the ward he or she seeks to represent and shall be 14
elected in such a manner that each ward is equally represented on the 15
legislative body. The names shall be presented in the election to show for 16
which ward each candidate is seeking election and voters shall be instructed to 17
"vote for one candidate in each ward." The candidate receiving the highest 18
number of votes cast in each ward shall be deemed to be elected from such 19
ward; 20
(b) Persons seeking the nomination of a political party for the office of legislative 21
body member where a primary election is required for the political party, shall 22
be voted upon exclusively by the eligible voters of the ward in which the 23
person resides and seeks to represent; 24
(c) Except as provided by paragraph (d) of this subsection, persons seeking 25
nomination for the office of legislative body member in a nonpartisan election 26
where a primary is conducted pursuant to KRS 83A.170 shall be voted upon 27 UNOFFICIAL COPY 23 RS BR 1619
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at large by the voters of the city, and the two (2) candidates receiving the 1
highest number of votes cast in each ward shall be deemed to be nominated 2
from that ward; and 3
(d) The city may provide specifically in the ordinance required by subsection (1) 4
of this section that persons seeking nomination for the office of legislative 5
body member in a nonpartisan primary conducted pursuant to KRS 83A.170 6
shall be voted upon exclusively by the eligible voters of the ward in which the 7
person resides and seeks to represent. The two (2) candidates receiving the 8
highest number of votes cast in each ward shall be deemed to be nominated 9
from the ward. 10
(5) Any city enacting or amending an ordinance to establish or abolish wards, modify 11
ward boundaries, or establish the manner of elections under subsection (4) of this 12
section shall be completed within the time specified by subsection (3) of this 13
section, and the city shall forward a copy of the ordinance to the county clerk or 14
county clerks of the county or counties in which the city is located. 15