KRS 67.050: County commissioners -- Election to ascertain having -- Return to prior

form of government.

(1) Any county may have a fiscal court consisting of the county judge/executive and

three (3) commissioners elected from the county at large. To ascertain wheth er the

county desires to have county commissioners, the county judge/executive, upon an

application by written petition signed by registered voters of the county equal in

number to at least fifteen percent (15%) of the total number of votes cast in the

county in the preceding presidential election or one thousand two hundred (1,200)

registered voters of the county, whichever is less, shall enter an order on his order

book calling an election to submit to the legal voters of the county the following

question: "Are you for or against having a fiscal court composed of three (3)

commissioners and the county judge/executive?" The order shall be entered at the

next regular term after the petition is filed, and shall direct the election to be held at

the next regular election to be held in the county if the order is filed with the county

clerk not later than the second Tuesday in August preceding the day of the regular

election. The county clerk shall give to the sheriff or other officer appointed to hold

the election a certified copy of the order within five (5) days after the order is made,

and the sheriff or other officer shall have the order published pursuant to KRS

Chapter 424 and in addition advertise it by printed handbills posted at one (1) or

more conspicuous places in each precinct in the county for the length of time that

publication is required, stating when the election will be held and the purpose

thereof.

(2) All such elections shall be held under the general election laws. No such election

shall be held in any county more often than once in four (4) years.

(3) Any county that has voted in favor of having county commissioners may return to

its prior form of government by following the same procedures as provided in

subsections (1) and (2) of this sectio n, by which it chose to have county

commissioners. A petition for an election on a return to a fiscal court composed of

justices of the peace and the county judge/executive shall state a proposed number

of justices of the peace. The question to be submitte d to the voters shall be in the

following form: "Are you in favor of a return to a fiscal court composed of the

county judge/executive and (insert the proposed number of justices) justices of the

peace who shall represent specific districts within the county?"

(4) If a majority of the votes cast at an election held under subsection (3) of this section

are in favor of a return to a fiscal court composed of justices of the peace and the

county judge/executive, the fiscal court shall, if necessary, initiate pr oceedings to

reapportion the justices districts, and such reapportionment shall conform to the

requirements of KRS 67.045. The change in the composition of the fiscal court shall

become effective upon the assumption of office of justices of the peace elect ed at

the next regular election for that office.