Request By:
Mr. Robert B. Siddens
Secretary of the Board
Campbellsville Independent
School District
230 W. Main Street
Campbellsville, Kentucky 42718
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of July 25 in which you seek an opinion concerning the filling of a vacancy on a school board. You relate the following facts and questions:
"Facts:
1. Dr. Phil Captain started his four (4) year term of office January 1979.
2. Dr. Captain resigned effective August 1, 1980.
3. Dr. Captain's end of term of office December 1982.
4. The board will appoint a replacement at the August meeting who we understand will serve through November 4, 1980.
* * *
"Questions:
1. Do candidates file specifically to fill specifically for the Dr. Captain vacancy, therefore voters deciding who will fill his term of office on November 4 through December 1982? NOTE: We have two natural 4 year vacancies other than the above on the voting machines.
2. Or would the top three (3) vote getters fill the vacancies? The top two (2) receiving the 4 year term and the third largest vote getter filling the Captain vacancy?
3. Or what if no one files for the Captain vacancy? Does the board appointee fill the vacancy for the remaining term?"
In response to your question, reference is made to KRS 160.190 (2) which provides, in effect, that any vacancy having an unexpired term of one (1) year or more at the next regular election after the vacancy occurs, shall be filled for the unexpired term by an election to be held at the next regular election after the vacancy occurs.
Since the vacancy in question occurred on August 1, 1980 and the regular term will not end until January, 1983, KRS 160.190 (2) would require that the vacancy be filled at the coming November election.
Those candidates interested in running for the unexpired term must file a petition [KRS 118.315] containing not less than twenty (20) petitioners who are qualified and entitled to vote for the candidate. Such candidates should specify on the petition form that they are running for the unexpired term as this office is required to be listed as such on the ballot and separately from the offices to be filled for regular four (4) year terms. The clerk is required to designate separately on the ballot and below the regular term offices the office that is to be filled for the unexpired term so that the voter will know which candidates are running for the regular and unexpired terms.
All petitions must be filed not less than fifty-five (55) days before the November election which is not later than September 10, 1980. See KRS 118.365 (4).
In response to your last question and in the event that no one files for the vacancy in question, the county clerk is nevertheless required to place the office on the ballot for the unexpired term for "write-in" purposes since the statute requires that the vacancy be filled which is not predicated on the filing of candidates for the vacancy.