KRS 177.760: Submission of question to the people -- Duties of Secretary of State.

KRS 177.700 to 177.820 shall be submitted to the people of the Commonwealth at the

general election to be held on November 8, 1960. The fact of such submission shall be

publicly advertised in the following ways:

(1) It shall be the duty of the Secretary of State, immediately after September 1, 1960,

to determine whether the ballot question shall be the one set forth in KRS 177.740,

or the one set forth in KRS 177.750, and to inform the Attorney General of the

Commonwealth of such determination. It shall the n be the duty of the Attorney

General to prepare and furnish to the Secretary of State, not later than September

15, 1960, a form of "Notice of Election," which shall be so designated, shall

conform to any requirements otherwise provided by law for notices of elections, and

further shall set forth the proper ballot question in full, and KRS 177.700 to

177.820 in full, with provisions for the signature of the Secretary of State. The

Secretary of State shall transmit a copy of such form of "Notice of Election" to each

of five (5) daily newspapers of bona fide general circulation, published in different

areas of the Commonwealth and selected in the discretion of the Secretary of State,

with directions that the same be published in each of such newspapers in the form

of a legal notice, in one (1) issue published in each of the calendar weeks

commencing on Mondays, October 10, 17, 24, and 31, 1960, but not in any Sunday

issue. Each such newspaper shall publish the same as directed, in the size type

customarily used by it in publishing legal notices, and shall be entitled to payment

according to its standard prevailing rate for publication of legal notices. After the

last publication, each such newspaper shall provide to the Secretary of State, with or

before its bi ll for publication, at least three (3) copies of an affidavit sufficient to

constitute proper proof of publication, and if the Secretary of State finds the same to

be in order he shall be authorized to draw a warrant upon the State Treasurer for

payment from uncommitted moneys in the general fund of the Commonwealth.

(2) The Secretary of State shall deliver a copy of said form of "Notice of Election" to

the state printer, and thereupon the state printer shall promptly prepare and furnish

to the Secretary of State at least one hundred twenty-five (125) copies of such notice

in the form of handbills of sufficient size and type composition as to be ordinarily

legible. The Secretary of State shall furnish a copy of the notice in such handbill

form to the county clerk of each county of the Commonwealth, and it shall be the

duty of each county clerk, upon receiving the same, to post the same at or near the

county courthouse door, or otherwise as notices of judicial sales and other court

proceedings are customarily posted.

(3) Each county clerk shall cause a facsimile of the ballot question to be published as

may be required by law.

(4) If the Secretary of State shall perform in proper and timely fashion each of the

duties provided in this section to be performed by him, any failure of others to

perform duties and functions as herein provided shall not invalidate the election as

to approval or disapproval of KRS 177.700 to 177.820, if upon consideration of the

Commonwealth as a whole, it shall appear that the qualifie d voters were fairly

apprised of the election.