Request By:
Honorable Frank H. McCartney
Fleming County Attorney
Courthouse
Flemingsburg, Kentucky 41041
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of January 9 in which you present the following facts and questions:
". . . A constable was selected in the November election, but failed to post his bond before the first Monday of January and also has not been sworn in to date. At that time, I asked you if there was a vacancy. I would like a response from you in written form, as to whether there is a vacancy, if that vacancy can be filled by the County Judge by appointment, and if this constable could still be sworn in if he posted bond as set by the County Judge, or if a new election would need to be held."
In response to your question, we are enclosing a copy of OAG 71-159 which holds, in effect, that the failure of a duly elected constable to qualify and execute bond within the time requirements of KRS 62.010 and KRS 62.050 creates a vacancy.
Upon the entry of an appropriate order by the county judge/executive declaring that a vacancy exists, he would then be authorized to fill the vacancy subject to § 152 of the Constitution. This constitutional section would require an election to fill the vacancy for the unexpired term at the next regular November election embracing the magisterial district in question.
Such election may or may not occur this coming November, depending upon whether or not there is a regular school board election embracing said magisterial district. School board elections are the only qualifying elections to be held this November that fall within the meaning of § 152 of the Constitution as your federal elections would not. See