Request By:
Mr. Paul D. Cowden
Montgomery County Attorney
P.O. Box 103
Mt. Sterling, Kentucky 40353
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of November 18, in which you request an opinion concerning the following:
"Whether a person may run for re-election as county commissioner from a district when a portion of the district within which he resides has been annexed by a city, the old boundaries of which are within another district."
Annexation of territory by a city which includes a portion of a county commissioner's district does not in any way alter the boundaries of the county district or effect an election from said district. Such boundaries remain the same unless there is county redistricting pursuant to KRS 67.050, 67.060 and KRS 67.063, which details the procedure that must be followed.
A example of the fact that the annexation of territory by a city does not alter district boundary lines, the changing of which are governed by other statutory procedures, is the case of Thomas v. Spragens, 308 Ky. 97, 213 S.W.2d 452 (1948) involving school districts. Here the city annexed territory that extended into one of the county school districts which the court declared had no effect on the school district boundary line. In so holding the court pointed out that if the county school district may be reduced or enlarged by the vote of the city council, the affairs of the school district must obviously be at all times uncertain and unstable. See also McQuillin, Mun. Corps., Vol 2, § 7.46 and OAG 80-481, copy attached.
Where the city annexes a portion of a county district there will no doubt be created a split precinct [until the precinct line can be altered to conform to the district line] in which certain voters will be entitled to vote for county commissioner, whereas others will not.