Request By:
Honorable Lowell Eugene "Gene" Cline
Carter County Judge/Executive
Grayson, Kentucky 41143
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of February 14 in which you refer to a vacancy in the office of county attorney which has been filled by appointment. You now desire to know when a special election should be held to fill the vacancy in question for the unexpired term.
Section 152 of the Constitution controls the filling of vacancies in all elective offices and requires such vacancies to be filled at the next regular election embracing the area in which the vacancies occur. See Smith v. Ruth, 308 Ky. 60, 212 S.W.2d 532 (1948); and Brumleve v. Ruth, 302 Ky. 513, 195 S.W.2d 777 (1946). As you know, federal elections do not qualify under § 152 of the Constitution as state elections as held in the cited cases and the only other elections this coming November, 1978 are school board elections, which do not embrace the entire county.
As a consequence, there will be no regular election in 1978 embracing Carter County; therefore, the appointee will hold until the November election of 1979 which is of course a statewide election embracing every county throughout the state. Whoever is elected will immediately assume the office as soon as he receives his certificate of election and is able to qualify. See Jones v. Sizemore, 117 Ky. 810, 79 S.W. 29 (1905).