(1) A petition for an election shall be signed by a number of constitutionally qualified voters of the territory to be affected, equal to twenty-five percent (25%) of the votes cast in the territory at the last preceding general election. The petition may consist of one (1) or more separate units, and shall be filed with the county clerk in accordance with this section.
(2) (a) Before a petition for election may be presented for signatures, an intent to circulate the petition, including a copy of the unsigned petition, shall be filed with the county clerk by any person or group of persons seeking the local option election.
(b) After a petition for a local option election has received no fewer than the number of qualifying signatures required by subsection (1) of this section, the signed petition shall be filed with the county clerk.
(c) If the election is to be held on any day other than a primary or regular election date, a person or group of persons seeking the local option election shall post bond with the Circuit Court to cover all costs of the election within five (5) days after the signed petition is filed under paragraph (b) of this subsection. The cost of the election shall be established by the county judge/executive to determine the bond amount.
(3) The petition for election, in addition to the signature and legibly printed name of each voter, shall state also the voter's residence address, year of birth, and the correct date upon which the voter's name was signed.
(4) No signer of the petition may withdraw his or her name or have it taken from the petition after the petition has been filed. If the name of any person has been placed on the petition for election without that person's authority, the person may appear before the county judge/executive before the election is ordered and upon proof that the person's name was placed on the petition without his or her authority, the person's name and personal information required in subsection (3) of this section shall be eliminated by an order of the county judge/executive. When the person's name and personal information has been eliminated, he or she shall not be counted as a petitioner.
(5) A petition seeking a local option election under this section shall state "We the undersigned registered voters hereby petition for an election on the following question: 'Are you in favor of the sale of alcoholic beverages in (name of territory)?'". No petition for a referendum shall be circulated for more than six
(6) months prior to its filing.
(6) After a petition for election has been filed in conformity with this section, the county judge/executive shall make an order on the order book of the court directing that the local option questions may be placed on the ballot for the next primary or regular election to be held in that territory. If the date of the local option election stated in the petition as provided in KRS 242.030(1) is a date other than a primary or regular election day, all election costs for such a local option election shall be borne by the person or group of persons who circulated the petition.
(7) Substantial compliance with the wording designated under this chapter for a particular type of petition is sufficient to validate the actual wording of the petition. Effective:April 11, 2017 History: Amended 2017 Ky. Acts ch. 190, sec. 1, effective April 11, 2017. -- Amended 2013 Ky. Acts ch. 121, sec. 7, effective June 25, 2013. -- Amended 1996 Ky. Acts ch. 63, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 48, sec. 87, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 111, sec. 112, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 374, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2554c-2, 2554c-3.
Notes of Decisions
Cited in
25
cases, 1943–2010 · leading case:
Howard v. Salyer, 695 S.W.2d 420 (Ky. 1985).
Howard v. Salyer, 695 S.W.2d 420 (Ky. 1985).
· cites it 8× “The trial court rejected the movants’ position, expressing the opinion that KRS 242.020 and the definition of “territory,” KRS 242.”
Blue Movies, Inc. v. Louisville/Jefferson Cnty. Metro Gov't, 317 S.W.3d 23 (Ky. 2010).
· cites it 2× “KRS 242.020 et seq. KRS 241.030 and 241.060 established the Alcohol Beverage Control Board to promulgate reasonable administrative regulations governing the sale and distribution of alcohol in the state.”
Liquor Outlet, LLC v. Alcoholic Beverage Control Bd., 141 S.W.3d 378 (Ky. Ct. App. 2004).
“(2)In any county containing a city of the first or second class in which the sale of distilled spirits and wine is permitted under KRS Chapter 242, an election on the question of permitting the sale of distilled spirits and wine by the drink on Sunday may be held as provided in…”
Howard v. Carty, 275 S.W.2d 68 (Ky. Ct. App. 1955).
· cites it 5× “The allegations of the petition are, in substance, that petitioners, voters of the above city, filed in the county court on November 24, 1954, a petition sufficient in all respects according to KRS 242.020 to require the county judge to call a local option election.”
Barnard v. Stone, 933 S.W.2d 394 (Ky. 1996).
“Our decision in Wid-ick was in a local option election and based upon a statute, KRS 242.020, which appears to have contemplated that a person’s name could be placed upon a petition without that person’s signature but with his authorization, as the statute provided a means for…”
Keeling v. Coker, 171 S.W.2d 263 (Ky. Ct. App. 1943).
· cites it 2× “Appellants’ argument that the elections were illegally called is primarily predicated upon the contention that they were not called by order of the County Court entered either during the term of that tribunal at which the petitions requesting the elections were filed, or during…”
Boyd v. Alexander, 284 S.W.2d 85 (Ky. Ct. App. 1955).
· cites it 3× “The petition, in substance, alleges and the events which brought about this action are as follows: On July 19, 1955, a petition, purportedly signed by 582 voters of Lyon County, was filed in the Lyon County Court, pursuant to KRS 242.020, requiring the county judge to call and…”
Widick v. Pursifull, Judge, 187 S.W.2d 447 (Ky. Ct. App. 1945).
· cites it 2× “KRS 242.020. Several hundred names were stricken because the respondent concluded from the evidence, and from his own examination of the petition, that the signatures were not in the handwriting of the persons named.”
Temperance League of Kentucky v. Perry, 74 S.W.3d 730 (Ky. 2002).
“185(6) provides: In order to promote economic development and tourism, other provisions of the Kentucky Revised Statutes notwithstanding, a city or county in which prohibition is in effect may, by petition in accordance with KRS 242.020, hold a local option election on the sale…”
Bays v. Bradley Mills, 254 S.W.2d 348 (Ky. Ct. App. 1953).
“Finally, on December 22, an order was entered reciting that the petition was in proper form and contained the required number of signatures, but declining to call the election because under the respondent’s interpretation of the statute he had lost jurisdiction to do so.”
Donohue v. Swindler, 184 S.W.2d 348 (Ky. Ct. App. 1944).
“Fyffe, supra, involved the question, whether the provisions of subsection 2 of KRS 242.020 that the signers of the petition shall state their post office addresses and the dates on which they signed was mandatory or directory.”
Harris v. Cannon, 199 S.W.2d 429 (Ky. Ct. App. 1946).
“In support of the contention that the order calling the election was never made a matter of record until after the election, cóntestant first points to sub-section 4 of KRS 242.020, which provides: “After the petition for election has been filed, the county court shall, at the…”
— Ky. Rev. Stat. § 242.020(1) — 5 cases
Howard v. Carty, 275 S.W.2d 68 (Ky. Ct. App. 1955).
“The allegations of the petition are, in substance, that petitioners, voters of the above city, filed in the county court on November 24, 1954, a petition sufficient in all respects according to KRS 242.020 to require the county judge to call a local option election.”
— Ky. Rev. Stat. § 242.020(2) — 1 case
— Ky. Rev. Stat. § 242.020(4) — 5 cases
Howard v. Carty, 275 S.W.2d 68 (Ky. Ct. App. 1955).
“The allegations of the petition are, in substance, that petitioners, voters of the above city, filed in the county court on November 24, 1954, a petition sufficient in all respects according to KRS 242.020 to require the county judge to call a local option election.”
Bays v. Bradley Mills, 254 S.W.2d 348 (Ky. Ct. App. 1953).
“Finally, on December 22, an order was entered reciting that the petition was in proper form and contained the required number of signatures, but declining to call the election because under the respondent’s interpretation of the statute he had lost jurisdiction to do so.”
Boyd v. Alexander, 284 S.W.2d 85 (Ky. Ct. App. 1955).
“The petition, in substance, alleges and the events which brought about this action are as follows: On July 19, 1955, a petition, purportedly signed by 582 voters of Lyon County, was filed in the Lyon County Court, pursuant to KRS 242.020, requiring the county judge to call and…”
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