{"data":{"id":"us-ky/krs-83a.120","jurisdiction":"us-ky","citation":"KRS 83A.120","heading":"Procedure for referendum on public question.","body":"(1) Any public question authorized by statute may be submitted to the voters of a city\nby either a resolution of the city legislative body or a petition meeting the\nrequirements of this section. The resolution or petition shall set out in full the\nmatter to be  considered. The proposal shall be drafted in such a way that a vote in\nfavor of adoption shall be a vote in favor of the effect or impact of the proposal.\n(2) Any five (5) qualified voters of the city may commence petition proceedings by\nfiling with the c ounty clerk an affidavit stating they constitute the petition\ncommittee and will be responsible for circulating the petition and filing it in proper\nform. The affidavit shall state their names and addresses and specify the address to\nwhich all notices to the committee are to be sent. It shall set out in full the proposal\nto be considered by the voters. Promptly after the affidavit of the petition committee\nis filed, the county clerk shall notify the petition committee of all statutory\nrequirements for petitions under this section and shall deliver a copy of the affidavit\nto the legislative body of the city.\n(3) All papers of a petition shall be uniform in size and style and shall be assembled as\none instrument for filing. Each signature shall be executed in ink or indelible pencil\nand shall be followed by the address of the person signing. Petitions shall be signed\nby registered voters of the city equal in number to at least twenty percent (20%) of\nthe total number of votes cast in the city in the last presid ential election. When it is\nfiled, each sheet of a petition shall have an affidavit executed by the circulator\nstating that he personally circulated the sheet, the number of signatures thereon, that\nall signatures were affixed in his presence, that he beli eves them to be the genuine\nsignatures of registered voters in the city and that each signer had an opportunity\nbefore signing to read the full text of the proposal. Petitions shall contain or have\nattached throughout their circulation the full text of the proposal.\n(4) Within thirty (30) days after the petition is filed, the county clerk shall complete a\ncertificate as to its sufficiency, specifying, if it is insufficient, the particulars\nwherein it is defective and shall send a copy to the petition commit tee and to the\ncity legislative body by registered mail. A petition certified insufficient for lack of\nthe required number of valid signatures may be amended once if the petition\ncommittee files a notice of intention to amend it with the county clerk withi n five\n(5) days after receiving the copy of his certificate and files a supplemental petition\nupon additional sheets within thirty (30) days after receiving the certificate. The\nsupplemental petition shall comply with the requirements of subsection (3) and\nwithin ten (10) days after it is filed the county clerk shall complete a certificate as to\nthe sufficiency of the petition as amended and promptly send a copy of the\ncertificate to the petition committee and to the city legislative body by certified\nmail.\n(5) A final determination as to the sufficiency of a petition shall be subject to review in\nthe Circuit Court of the county and shall be limited to the validity of the county\nclerk's determination. A final determination of insufficiency shall not prejudic e the\nfiling in accordance with this section of a new petition for the same purpose.\n(6) If, not later than the second Tuesday in August preceding the day established for a\nregular election, the county clerk receives a resolution requesting that the questi on\nbe submitted to the voters or certifies that a petition is sufficient, the county clerk\nshall have prepared to place before the voters of the city at the next regular election\nthe question, which shall be \"Are you in favor of the proposal entitled.....?  Yes....\nNo... .\" The county clerk shall cause to be published in accordance with KRS\nChapter 424, at the same time as the remaining voter information, the full text of the\nproposal. The county clerk shall cause to be posted in each polling place one (1)\ncopy of the full text of the proposal.\n(7) The provisions of general election law shall apply to public questions submitted to\nvoters under this section. The certificate of the body authorized by law to canvass\nelection returns shall be delivered to the may or and the certificate shall be entered\nupon the records of the city at the next regular meeting of the city legislative body.","path":["KRS Chapter 83A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=25181","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:44Z","sha256":"494f2bded6980971de6f29a2fd015639aa9a1a8fadcaf01e646295cba662298f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-83a.110","next":"us-ky/krs-83a.130"},"notice":"GroundRules: Original legal text. Not legal advice."}
