UNOFFICIAL COPY 23 RS SB 190/EN
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AN ACT relating to actions of government officials. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 12 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) This section applies to: 5
(a) Cities; 6
(b) Counties; 7
(c) Consolidated local governments; 8
(d) Urban-county governments; 9
(e) Charter county governments; 10
(f) Unified local governments; 11
(g) Program cabinets, departments, organizational units, and administrative 12
bodies of the Commonwealth; and 13
(h) Boards, commissions, committees, and other administrative bodies created 14
by the entities listed in paragraphs (a) to (g) of this subsection. 15
(2) An entity named in subsection (1) of this section shall not enter into a contract, 16
agreement, or consent decree that gives any person, agency, or authority 17
subpoena power not specifically or explicitly allowed by the Kentucky Revised 18
Statutes. 19
Section 2. KRS 83A.030 is amended to read as follows: 20
(1) Each city organized and governed under the mayor-council plan shall have a mayor 21
and each shall have a legislative body composed of not less than six (6) nor more 22
than twelve (12) members as prescribed by ordinance. An ordinance amending the 23
number of legislative body members shall be: 24
(a) Enacted and filed with the county clerk of any county or counties in which 25
the city is located by no later than the first Wednesday after the first 26
Monday in November of the year preceding the year in which the legislative 27 UNOFFICIAL COPY 23 RS SB 190/EN
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offices will appear on the ballot; and 1
(b) Crafted in such a manner that the amended number of legislative body 2
members becomes effective on January 1 of the year following the election 3
of the number of legislative body members specified in the amending 4
ordinance. 5
(2) Each city organized and governed under the commission plan or city manager plan 6
shall have a legislative body composed of a mayor and four (4) commissioners. 7
Section 3. KRS 83A.040 is amended to read as follows: 8
(1) A mayor shall be elected by the voters of each city at a regular election. A 9
candidate for mayor shall be a resident of the city for not less than one (1) year 10
prior to his or her election. His or her term of office shall begin on the first day of 11
January following his or her election and shall be for four (4) years and until his or 12
her successor qualifies. If a person is elected or appointed as mayor in response to a 13
vacancy and serves less than four (4) calendar years, then that period of service 14
shall not be considered for purposes of re-election a term of office. A mayor shall 15
be at least twenty-one (21) years of age, shall be a qualified voter in the city, and 16
shall reside in the city throughout his or her term of office. 17
(2) If a vacancy occurs in the office of mayor, the following provisions shall apply: 18
(a) The legislative body of the city shall fill the vacancy within thirty (30) 19
days;[.] 20
(b) A member of the legislative body in any city organized and governed under 21
the commission plan as provided by KRS 83A.140 or city manager plan as 22
provided by KRS 83A.150 may vote for himself;[.] 23
(c) A member of the legislative body in any city organized and governed under 24
the mayor-council plan as provided by KRS 83A.130 and in any city of the 25
first class organized under the mayor-alderman plan as provided by KRS 26
Chapter 83 shall not vote for himself; and[.] 27 UNOFFICIAL COPY 23 RS SB 190/EN
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(d) The legislative body shall elect from among its members an individual to 1
preside over meetings of the legislative body during any vacancy in the office 2
of mayor in accordance with the provisions of KRS 83A.130 to 83A.150. 3
(3) When voting to fill the vacancy created by a resignation of a mayor the resigning 4
mayor shall not vote on his or her successor. 5
(4) Each legislative body member shall be elected at large by the voters of each city at 6
a regular election. A candidate for a legislative body shall be a resident of the city 7
for not less than one (1) year prior to his or her election. His or her term of office 8
shall begin on the first day of January following his or her election and shall be for 9
two (2) years, except as provided by KRS 83A.050. A member shall be at least 10
eighteen (18) years of age, shall be a qualified voter in the city, and shall reside in 11
the city throughout his or her term of office. 12
(5) If one (1) or more vacancies on a legislative body occur in a way that one (1) or 13
more members remain seated, the remaining members shall within thirty (30) days 14
fill the vacancies one (1) at a time, giving each new appointee reasonable notice of 15
his or her selection as will enable him or her to meet and act with the remaining 16
members in making further appointments until all vacancies are filled. If vacancies 17
occur in a way that all seats become vacant, the Governor shall appoint qualified 18
persons to fill the vacancies sufficient to constitute a quorum. Remaining vacancies 19
shall be filled as provided in this section. 20
(6) If for any reason, any vacancy in the office of mayor or the legislative body is not 21
filled within thirty (30) days after it occurs, the Governor shall promptly fill the 22
vacancy by appointment of a qualified person who shall serve for the same period 23
as if otherwise appointed. 24
(7) No vacancy by reason of voluntary resignation in the office of mayor or on a 25
legislative body shall occur unless a written resignation which specifies a 26
resignation date is tendered to the legislative body. The resignation may be 27 UNOFFICIAL COPY 23 RS SB 190/EN
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submitted through electronic mail if it originates from the official's electronic 1
mail address and includes also the official's handwritten signature. The 2
resignation shall be effective at the next regular or special meeting of the city 3
legislative body occurring on or after the date specified in the written letter of 4
resignation. If a resignation date is not specified, the written resignation shall be 5
deemed to become effective at the first regular or special meeting of the legislative 6
body occurring on or after its receipt. 7
(8) Pursuant to KRS 118.305(7), if a vacancy occurs which is required by law to be 8
filled temporarily by appointment, the legislative body or the Governor, whichever 9
is designated to make the appointment, shall immediately notify in writing both the 10
county clerk and the Secretary of State of the vacancy. 11
(9) Except in cities of the first class, any elected officer, in case of misconduct, 12
incapacity, or willful neglect in the performance of the duties of his or her office, 13
may be removed from office by a unanimous vote of the members of the legislative 14
body exclusive of any member to be removed, who shall not vote in the deliberation 15
of his or her removal. No elected officer shall be removed without having been 16
given the right to a full public hearing. The officer, if removed, shall have the right 17
to appeal to the Circuit Court of the county and the appeal shall be on the record. 18
No officer so removed shall be eligible to fill the office vacated before the 19
expiration of the term to which originally elected. 20
(10) Removal of an elected officer in cities of the first class shall be governed by the 21
provisions of KRS 83.660. 22
Section 4. KRS 83A.045 is amended to read as follows: 23
(1) Except as provided in KRS 83A.047, partisan elections of city officers shall be 24
governed by the following provisions, regardless of the form of government or 25
classification of the city: 26
(a) A candidate for party nomination to city office shall file his or her nomination 27 UNOFFICIAL COPY 23 RS SB 190/EN
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papers with the county clerk of the county not earlier than the first Wednesday 1
after the first Monday in November of the year preceding the year in which 2
the office will appear on the ballot and not later than the first Friday following 3
the first Monday in January before the day fixed by KRS Chapter 118 for 4
holding a primary for the office sought. Signatures for nomination papers 5
shall not be affixed on the document to be filed prior to the first Wednesday 6
after the first Monday in November of the year preceding the year in which 7
the office will appear on the ballot. All nomination papers shall be filed no 8
later than 4 p.m. local time when filed on the last day on which the papers are 9
permitted to be filed; 10
(b) An independent candidate for nomination to city office shall not participate in 11
a primary, but shall file his or her nomination papers with the county clerk of 12
the county not earlier than the first Wednesday after the first Monday in 13
November of the year preceding the year in which the office will appear on 14
the ballot and not later than the first Tuesday after the first Monday in June 15
before the day fixed by KRS Chapter 118 for holding a regular election for the 16
office. Signatures for nomination papers shall not be affixed on the document 17
to be filed prior to the first Wednesday after the first Monday in November of 18
the year preceding the year in which the office will appear on the ballot. All 19
nomination papers shall be filed no later than 4 p.m. local time when filed on 20
the last day on which the papers are permitted to be filed; and 21
(c) A candidate for city office who is defeated in a partisan primary shall be 22
ineligible as a candidate for the same office in the regular election. However, 23
if a vacancy occurs in the party nomination for which he or she was an 24
unsuccessful candidate in the primary, his or her name may be placed on the 25
ballot for the regular election as a candidate of that party if he or she has been 26
duly made the party nominee after the vacancy occurs, as provided in KRS 27 UNOFFICIAL COPY 23 RS SB 190/EN
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118.105. 1
(2) Except as provided in KRS 83A.047, nonpartisan elections of city officers shall be 2
governed by KRS 83A.050, 83A.170, 83A.175, and the following provisions, 3
regardless of the form of government or classification of the city: 4
(a) A candidate for city office shall file his or her nomination papers with the 5
county clerk of the county not earlier than the first Wednesday after the first 6
Monday in November of the year preceding the year in which the office will 7
appear on the ballot and not later than the first Friday following the first 8
Monday in January before the day fixed by KRS Chapter 118 for holding a 9
primary for nominations for the office. Signatures for nomination papers shall 10
not be affixed on the document to be filed prior to the first Wednesday after 11
the first Monday in November of the year preceding the year in which the 12
office will appear on the ballot. All nomination papers shall be filed no later 13
than 4 p.m. local time when filed on the last day on which the papers are 14
permitted to be filed; 15
(b) Any city of the home rule class may by ordinance provide that the nomination 16
and election of candidates for city office in a nonpartisan election shall be 17
conducted pursuant to the provisions of this subsection: 18
1. A city may forgo conducting a nonpartisan primary for the nomination 19
of candidates to city office, regardless of the number of candidates 20
running for each office, and require all candidates to file their 21
nomination papers with the county clerk of the county not earlier than 22
the first Wednesday after the first Monday in November of the year 23
preceding the year in which the office will appear on the ballot and not 24
later than the first Tuesday after the first Monday in June before the day 25
fixed by KRS Chapter 118 for holding a regular election for the office. 26
Signatures for nomination papers shall not be affixed on the document 27 UNOFFICIAL COPY 23 RS SB 190/EN
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to be filed prior to the first Wednesday after the first Monday in 1
November of the year preceding the year in which the office will appear 2
on the ballot; 3
2. All nomination papers shall be filed no later than 4 p.m. local time when 4
filed on the last day on which the papers are permitted to be filed; 5
3. If a city does not conduct a primary pursuant to this subsection, the 6
election of candidates to city office shall be governed by the provisions 7
of this subsection, KRS 83A.175(2) to (6), and KRS Chapters 116 to 8
121; 9
4. In the absence of a primary pursuant to this subsection, the number of 10
candidates equal to the number of city offices to be filled who receive 11
the highest number of votes cast in the regular election for each city 12
office shall be elected; 13
5. Candidates shall be subject to all other applicable election laws pursuant 14
to this chapter and KRS Chapters 116 to 121; 15
6. If a vacancy occurs in a candidacy for city office in any city which has 16
not held a primary pursuant to this subsection after the expiration of 17
time for filing nomination papers, or if there are fewer candidates than 18
there are offices to be filled, the vacancy in candidacy shall be filled by 19
write-in voting; and 20
7. At the regular election, the voters shall be instructed to vote for one (1) 21
candidate, except when there is more than one (1) candidate for which 22
voters may vote, the instruction "vote for up to .... candidates" shall be 23
used on the ballot; and 24
(c) A candidate for city office who is defeated in a nonpartisan primary shall be 25
ineligible as a candidate for the same office in the regular election. 26
(3) Any city enacting an ordinance eliminating the nonpartisan primary as 27 UNOFFICIAL COPY 23 RS SB 190/EN
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authorized by subsection (2)(b) of this section or enacting an ordinance that 1
repeals a previously enacted ordinance that eliminated the nonpartisan primary 2
authorized by subsection (2)(b) of this section shall file the ordinance with the 3
county clerk of the county or counties in which the city is located no later than 4
the first Wednesday after the first Monday in November of the year preceding the 5
year in which city elections are held. 6
Section 5. KRS 83A.100 is amended to read as follows: 7
(1) The legislative body of a city may by ordinance divide the city into wards by either 8
of the following methods: 9
(a) The city may create the same number of wards as the number of legislative 10
body members. Wards shall be as nearly equal in population as practicable 11
and their boundaries shall be fixed by the ordinance: or 12
(b) The city may establish a hybrid ward system for the conduct of its legislative 13
body elections. A city acting under this paragraph shall provide in the 14
ordinance that a specific number of legislative body seats shall be subject to 15
the ward system and that a specific number of legislative body seats shall be 16
elected at large within the entire city without representing a particular ward. 17
The wards created under this paragraph shall be as nearly equal in population 18
as practicable and their boundaries shall be fixed by ordinance. 19
(2) The populations of wards shall be reviewed as necessary to ensure that populations 20
are as nearly equal as practicable, but the populations of wards shall be reviewed 21
for equalization at least as often as each regular federal census. 22
(3) Wards may be abolished by repeal of the ordinance creating them. No creation, 23
alteration or abolition of wards shall occur later than the first Wednesday after the 24
first Monday in November of the year preceding the year in which the city 25
legislative offices will appear on the ballot[within two hundred forty (240) days 26
preceding a regular election]. 27 UNOFFICIAL COPY 23 RS SB 190/EN
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(4) If a city is divided into wards, legislative body members shall be nominated and 1
elected in the following manner: 2
(a) Members shall be elected in the regular November election at large, but each 3
candidate shall reside in the ward he or she seeks to represent and shall be 4
elected in such a manner that each ward is equally represented on the 5
legislative body. The names shall be presented in the election to show for 6
which ward each candidate is seeking election and voters shall be instructed to 7
"vote for one candidate in each ward." The candidate receiving the highest 8
number of votes cast in each ward shall be deemed to be elected from such 9
ward; 10
(b) Persons seeking the nomination of a political party for the office of legislative 11
body member where a primary election is required for the political party, shall 12
be voted upon exclusively by the eligible voters of the ward in which the 13
person resides and seeks to represent; 14
(c) Except as provided by paragraph (d) of this subsection, persons seeking 15
nomination for the office of legislative body member in a nonpartisan election 16
where a primary is conducted pursuant to KRS 83A.170 shall be voted upon 17
at large by the voters of the city, and the two (2) candidates receiving the 18
highest number of votes cast in each ward shall be deemed to be nominated 19
from that ward; and 20
(d) The city may provide specifically in the ordinance required by subsection (1) 21
of this section that persons seeking nomination for the office of legislative 22
body member in a nonpartisan primary conducted pursuant to KRS 83A.170 23
shall be voted upon exclusively by the eligible voters of the ward in which the 24
person resides and seeks to represent. The two (2) candidates receiving the 25
highest number of votes cast in each ward shall be deemed to be nominated 26
from the ward. 27 UNOFFICIAL COPY 23 RS SB 190/EN
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(5) Any city enacting or amending an ordinance to establish or abolish wards, modify 1
ward boundaries, or establish the manner of elections under subsection (4) of this 2
section shall be completed within the time specified by subsection (3) of this 3
section, and the city shall forward a copy of the ordinance to the county clerk or 4
county clerks of the county or counties in which the city is located. 5