Request By:
Mr. David Evans
City Administrator
City of Prestonsburg
Box 31
Prestonsburg, Kentucky 41653
Opinion
Opinion By: Steven L. Beshear, Attorney General; Walter C. Herdman, Asst. Deputy Attorney General
This is in response to your letter of March 25 in which you raise the question as to whether the phrase "regular election" as used in KRS 81A.420(2) concerning the holding of a referendum as to whether or not the city is entitled to annex certain territory, means the general election in November or could it apply to the primary.
The phrase "regular election" means the November election. As a matter of fact, no public question or election of public officers can be held at any time other than the November election (with certain exceptions not applicable here), in view of the requirements of Section 148 of the Kentucky Constitution. This section provides that there shall not be more than one (1) election held each year in this state or in any city or county except as otherwise provided in the Constitution, and such election shall be held on the first Tuesday after the first Monday in November. As we said, public questions are included under this section of the Constitution as held in the case of
Morgan v. Goode, 151 Ky. 284, 152 S.W. 584 (1912). See also the case of
Ginsburg v. Giles, 254 Ky. 720, 72 S.W.2d 438 (1934), in which the Supreme Court declared that all elections must be held at the regular November election with four (4) exceptions which are: local option elections, elections to fill vacancies in the General Assembly, school elections, and elections involving questions concerning county indebtedness.
The court in the Ginsburg case specifically held that, and we quote:
"It is not permissible for a city to hold an election submitting to the voters a public question on any day other than that fixed by section 148 for the holding the regular annual election, which is the first Tuesday after the first Monday in November of each year; . . ."
Under the circumstances, any referendum required to be held under the provisions of KRS 81A.420(2) could only be presented to the voters at a regular November election.