Laws governing local ballot measures in Kentucky

Laws Governing Local Ballot Measures

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A guide to local ballot initiatives

Local referendum powers are granted by the Ketucky Constitution but only concerning limited subject matters. Initiative powers on the local level seem to be prohibited by state law.

This article sets out the laws governing local ballot measures in Kentucky. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

Local government in Kentucky consists of:

• Counties: the state is divided into 120 counties.

• Cities: there are 418 cities in Kentucky. Cities are divided into classes according to population.

First Class: 100,000 or more

Second Class: 20,000 to 99,999

Third Class: 8,000 to 19,999

Fourth class: 3,000-7,999

Fifth Class: 1,000 to 2,999

Sixth Class: Less than 1,000

The cities have different powers according to their class, but none of them can adopt a charter. However, all cities have limited Home rule powers under Kentucky Revised Statute 82.082.

• Cities and Counties also have the option of consolidating governments under one of the forms provided by state law.

Louisville-Jefferson operates as a Consolidated Local Government under Kentucky Revised Statute 67C.

Lexington-Fayette operates as an Urban County Government under Kentucky Revised Statute 67A and the local charter created during the merger process.

Consolidation may also occur as a Charter County under Kentucky Revised Statute 67.825 to 67.875, or as a Unified Local Government under 67.900 to 67.940.

• In addition, there are 604 special districts and 174 independent school districts.

School districts

See also: School bond and tax elections in Kentucky

Kentucky only allows for elections for bond issues. The Kentucky Constitution gives school districts the right to hold elections freely at any time and without any minimum notice requirement. The law also states that bond issues are limited to new construction and capital improvements. There are no restrictions on selling terms or maturity. However, Kentucky law bans referendums for the building of new athletic facilities.

Initiative process availability

An initiative process is not mentioned explicitly, but seems to be prohibited by Kentucky Revised Statute Section 83A.120 below. The process for referendum is allowed, but is restricted to the limited issues which are established in Section 60 of the Constitution below.

Authority

Constitution

Rules restricting the use of direct democracy are found in:

Section 60 of the Kentucky Constitution:   “ Text of Section 60 The General Assembly shall not indirectly enact any special or local act by the repeal in part of a general act, or by exempting from the operation of a general act any city, town, district or county; but laws repealing local or special acts may be enacted. No law shall be enacted granting powers or privileges in any case where the granting of such powers or privileges shall have been provided for by a general law, nor where the courts have jurisdiction to grant the same or to give the relief asked for. No law, except such as relates to the sale, loan or gift of vinous, spirituous or malt liquors, bridges, turnpikes or other public roads, public buildings or improvements, fencing, running at large of stock, matters pertaining to common schools, paupers, and the regulation by counties, cities, towns or other municipalities of their local affairs, shall be enacted to take effect upon the approval of any other authority than the General Assembly, unless otherwise expressly provided in this Constitution. ”

Statutes

Petitions for referenda are treated in:

State Statutes Section 83A.120:   “ Any public question authorized by statute may be submitted to the voters of a city by either a resolution of the city legislative body or a petition meeting the requirements of this section. The resolution or petition shall set out in full the matter to be considered. The proposal shall be drafted in such a way that a vote in favor of adoption shall be a vote in favor of the effect or impact of the proposal. ”

Initiative process features

Local Referendum Process   Process for submission and approval Five qualified voters can begin a petition. These five petitioners must give personal information, such as names and addresses, and they must present the full proposal to be considered by voters. Thirty days after filing the petition with the appropriate clerk, the validity of the signatures and adequacy of the number of signatures will be determined. If the petition is lacking in some way it will be sent to the petition committee and there will be an opportunity for supplementation. State Statutes, Section 83A.120 Signature requirements For a valid petition, signatures of qualified electors equaling 20% of the total number of votes cast for the last presidential election must be gathered. State Statutes, Section 83A.120 Qualified electors are defined as living in the district or jurisdiction that will be affected by the referendum and be registered voters. State Statutes, Section 65.012 Circulators On each page of the petition the circulator must include his name as well as an affidavit stating the number of signatures and that all signatures were given in his presence and that he vouches for their validity. State Statutes, Section 83A.120

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

List of Most Populated Cities in Kentucky
City	Population	City Type	Next election
Louisville	602,011	Consolidated city-county	No I&R
Lexington	301,569	Charter as urban county government	11/5/2013
Bowling Green	58,894	General law	No I&R
Owensboro	57,605	General law	No I&R
Covington	40,811	General law	No I&R
Richmond	31,809	General law	No I&R
Hopkinsville	31,419	General law	No I&R
Florence	30,687	General law	No I&R
Georgetown	29,690	General law	No I&R
Elizabethtown	29,044	General law	No I&R

Lexington is the only local government in Kentucky with an initiative process for local ballot measures. See law: Lexington-Fayette Charter, Art. 14

Individual city provisions   Louisville Population as of the July, 2011 census update: 602,011. Louisville is a consolidated city-county government which operates under the general law and has no initiative process for local ballot measures. Lexington Population as of the July, 2011 census update: 301,569. Lexington is an urban county government with charter. Although state law does not grant or authorize local adoption of initiative power to propose ordinances, the Lexington-Fayette Urban County Government Charter authorizes initiative for citizens to propose and vote on amendments to the charter. Petitions must be signed by 10% of the vote cast in the last preceding regular mayoral election of the Merged Government, and filed with the County Clerk not less than 90 days prior to the next regular general election. The proposed amendment will be placed on the ballot where a majority vote passes the measure. Bowling Green Population as of the July, 2011 census update: 58,894. Bowling Green is a general law city and has no initiative process for local ballot measures. Owensboro Population as of the July, 2011 census update: 57,605. Owensboro is general law city and has no initiative process for local ballot measures. Covington Population as of the July, 2011 census update: 40,811. Covington is a general law city and has no initiative process for local ballot measures. Richmond Population as of the July, 2011 census update: 31,809. Richmond is a general law city and has no initiative process for local ballot measures. Hopkinsville Population as of the July, 2011 census update: 31,419. Hopkinsville is a general law city and has no initiative process for local ballot measures. Florence Population as of the July, 2011 census update: 30,687. Florence is a general law city and has no initiative process for local ballot measures. Georgetown Population as of the July, 2011 census update: 29,690. Georgetown is a general law city and has no initiative process for local ballot measures. Elizabethtown Population as of the July, 2011 census update: 29,044. Elizabethtown is a general law city and has no initiative process for local ballot measures.

External links

• Kentucky League of Cities
• Kentucky State Statutes
• Attorney General Opinion on Initiative and Referendum Powers in Kentucky