2015 Kentucky Revised Statutes CHAPTER 67 - COUNTY GOVERNMENT (FISCAL COURTS AND COUNTY COMMISSIONERS) 67.832 Petition to form commission to study adoption of charter county form of government or consolidation of agencies and services.
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67.832 Petition to form commission to study adoption of charter county form of
government or consolidation of agencies and services.
(1)
(2)
(3)
(4)
A petition authorized pursuant to KRS 67.830(2) shall meet the requirements of this
section. The petition shall be drafted in such a way that the effect of signing the
petition is to support the formation of a commission to study the question of the
adoption of a charter county form of government or the consolidation of any agency,
subdivision, department, or subdistrict providing any services or performing any
function for a city or a county.
Any five (5) qualified voters within the unincorporated area of the county or five (5)
qualified voters within the most populous city within the county may commence
petition proceedings by filing with the county clerk an affidavit stating they
constitute the petition committee and will be responsible for circulating the petition
and filing it in proper form. The affidavit shall:
(a) State the names and addresses of the committee members;
(b) Specify the address to which all notices to the committee are to be sent; and
(c) Set out in full the proposal to be considered by the voters.
No later than fourteen (14) business days after the affidavit of the petition
committee is filed, the county clerk shall:
(a) Notify the petition committee of all statutory requirements for petitions under
this section; and
(b) Deliver a copy of the affidavit to the fiscal court and the legislative body of
each city within the county.
In form, a petition to be filed under this section shall:
(a) Be uniform in size and style;
(b) Be assembled as one (1) instrument for filing;
(c) Contain signatures that are executed in ink or indelible pencil. The petition
shall be signed by registered voters and the petition shall include:
1.
The signature of the registered voter;
2.
The printed name of the registered voter;
3.
The residential address of the registered voter;
4.
The date of birth of the registered voter; and
5.
The date of signature of the petition.
(d) Be signed by a number of voters:
1.
Equal to at least twenty percent (20%) of the county's residents in the
unincorporated areas of the county voting in the preceding regular
election; and
2.
Equal to at least twenty percent (20%) of the residents of the
incorporated areas of the county voting in the preceding regular election;
and
(e) Contain or have attached throughout its circulation, the full text of the
proposal.
(5)
(6)
(7)
(8)
When it is filed, each sheet of a petition shall have an affidavit executed by the
circulator stating:
(a) That he or she personally circulated the sheet;
(b) The number of signatures contained on the petition;
(c) That all signatures were affixed in his or her presence;
(d) That each signer had an opportunity before signing to read the full text of the
proposal; and
(e) That he or she believes them to be genuine signatures of registered voters in
the county.
(a) Within thirty (30) days after the petition is filed, the county clerk shall
complete a certificate as to its sufficiency.
(b) If the county clerk finds the petition sufficient, the clerk shall send a certificate
of the petition's sufficiency, by certified mail, to:
1.
The petition committee;
2.
The fiscal court of the county; and
3.
The legislative body of each city within the county.
(c) If the county clerk finds the petition is insufficient, the clerk shall:
1.
File a certificate of insufficiency specifying the particulars making it
insufficient; and
2.
Send a copy of the certificate, by certified mail, to:
a.
The petition committee;
b.
The fiscal court of the county; and
c.
The legislative body of each city within the county.
(a) A petition certified insufficient for lack of the required number of valid
signatures may be amended once if the petition committee files:
1.
A notice of intention to amend it with the county clerk within five (5)
days after receiving the certificate of insufficiency; and
2.
A supplemental petition upon additional sheets within thirty (30) days of
receiving the certificate of insufficiency. The supplemental sheets shall
comply with all requirements established by subsection (4) of this
section.
(b) Within ten (10) days after the supplemental petition is filed, the county clerk
shall determine if the amended petition is sufficient. If the county clerk finds
the amended petition sufficient, the clerk shall complete a certificate of
sufficiency and send a copy of certificate of the petition's sufficiency, by
certified mail, to:
1.
The petition committee;
2.
The fiscal court of the county; and
3.
The legislative body of each city within the county.
A final determination as to the sufficiency of a petition shall be subject to review in
the Circuit Court of the county. This review shall be limited to the validity of the
county clerk's determination. A final determination of insufficiency shall not
prejudice the filing of a new petition for the same purpose in accordance with this
section.
Effective: January 1, 2013
History: Created 2012 Ky. Acts ch. 63, sec. 1, effective January 1, 2013.
Legislative Research Commission Note (1/1/2013). Under the authority of KRS
7.136(1), the Reviser of Statutes has altered the format of the text in subsection (6) of
this statute during codification. The words in the text were not changed.
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