(1) The date of the local option election shall be stated in the petition for the local
option election.
(2) The local option election shall be held not earlier than sixty (60) and not later than
one hundred fifty (150) days after the date the petition is filed with the county clerk.
(3) No local option election shall be held in the same territory more than once in every
three (3) years.
(4) In order for the local option election to be held on the day fixed by law for holding a
primary, the petition shall be filed not earlier than the first Wednesday after the first
Monday in November of the year preceding the day on which the primary is to be
held and not later than the last Tuesday in January preceding the day fixed by law
for holding the primary.
(5) In order for the local option election to be held on the day fixed by law for a regular
election, the petition shall be filed not later than the second Tuesday in August
preceding the day fixed by law for holding the regular election.
Effective: June 29, 2017
History: Amended 2017 Ky. Acts ch. 62, sec. 20, effective June 29, 2017; and ch. 190,
sec. 2, effective April 11, 2017. -- Amended 1998 Ky. Acts ch. 121, sec. 3, effective
July 15, 1998. -- Amended 1978 Ky. Acts ch. 384, sec. 375, effective June 17, 1978.
-- Amended 1948 Ky. Acts ch. 47, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec.
1, effective October 1, 1942, from Ky. Stat. sec. 2554c-4.
Legislative Research Commission Note (6/29/2017). This statute was amended by 2017
Ky. Acts chs. 62 and 190, which do not appear to be in conflict and have been
codified together.
Notes of Decisions
Cited in
16
cases, 1944–2011 · leading case:
Boyd v. Alexander, 284 S.W.2d 85 (Ky. Ct. App. 1955).
Boyd v. Alexander, 284 S.W.2d 85 (Ky. Ct. App. 1955).
· cites it 6× “030(2) provides that the* election shall not be held earlier than 60 nor later than 90 days after the date the petition is filed; KRS 242.030 (3) provides that the election shall not be held within 30 days next preceding or following a regular “political” election; and KRS 242.”
Parrott v. Belcher, 884 S.W.2d 634 (Ky. 1994).
· cites it 14× “For this purpose the election in the city shall not be deemed to be an election in the “same territory” as that in which the county-wide election was held within the meaning of Sub-section (5) of KRS 242.030. If, at the election for a city, the majority of the votes cast are…”
Howard v. Carty, 275 S.W.2d 68 (Ky. Ct. App. 1955).
· cites it 2× “Accordingly, an order should be entered retroactively by the county judge as of the December term, 1954, and, although the petition sets February 5, 1955, as the date for holding the election, which date may be set pursuant to KRS 242.030, this date may nevertheless be changed,…”
Wilkinson v. Queen, 269 S.W.2d 223 (Ky. Ct. App. 1954).
· cites it 2× “It is insisted that this was in violation of KRS 242.030(3), which provides: “The election [local option election] shall not be held on the same day that a primary or general election is held in the territory or any part of the territory, nor within thirty days next preceding or…”
Harris v. Cannon, 199 S.W.2d 429 (Ky. Ct. App. 1946).
“On point (2) relating to the change of the date,, counsel for contestant concedes that there is authority contrary to his contention, but argues that a proper construction of KRS 242.030, which reads: “The date of the election may be stated in the petition * * *.”
Campbell v. Brewer, 884 S.W.2d 638 (Ky. 1994).
· cites it 3× “Appellants brought this action for injunc-tive relief in reliance upon that portion of KRS 242.030(5) which provides that “no election shall be held in the same territory oftener than once in every three years.”
Kelly v. Gruelle, 183 S.W.2d 39 (Ky. Ct. App. 1944).
“In the Norton case the local option election contravened KS 2554c-4 (now KRS 242.030) prohibiting it from being held within 30 days before or following a political election.”
Karloftis v. Mills, 229 S.W.2d 477 (Ky. Ct. App. 1950).
· cites it 2× “Section 1 of the Act provides that a local option election may be held in any city of the first four classes in a county which has voted dry, and' the election in such city shall not be deemed to be an election in the “same territory” as that in which the countywide election was…”
Ball v. Hill, 240 S.W.2d 628 (Ky. Ct. App. 1951).
“The contentions of the appellants are: (1) That to permit the “diys” to have a local option election in a precinct within less than three years after an election in *629 which the magisterial district containing the precinct has voted “wet,” is unwarranted discrimination and…”
Stagg v. Bd. of Educ., 303 S.W.2d 313 (Ky. Ct. App. 1957).
“A three-year interval is required between local option elections, KRS 242.030(5), and a five-year interval between city annexation elections, KRS 81.”
Martin v. Cheek, 217 S.W.2d 785 (Ky. Ct. App. 1949).
“It is therefore ordered that a writ issue directing the County Judge to enter an order calling the election in *323 compliance with KRS 242.030. The writ will issue immediately without prejudice to the respondent’s right to file petition for rehearing.”
— Ky. Rev. Stat. § 242.030(1) — 2 cases
— Ky. Rev. Stat. § 242.030(2) — 2 cases
Howard v. Carty, 275 S.W.2d 68 (Ky. Ct. App. 1955).
“Accordingly, an order should be entered retroactively by the county judge as of the December term, 1954, and, although the petition sets February 5, 1955, as the date for holding the election, which date may be set pursuant to KRS 242.030, this date may nevertheless be changed,…”
Boyd v. Alexander, 284 S.W.2d 85 (Ky. Ct. App. 1955).
“030(2) provides that the* election shall not be held earlier than 60 nor later than 90 days after the date the petition is filed; KRS 242.030 (3) provides that the election shall not be held within 30 days next preceding or following a regular “political” election; and KRS 242.”
— Ky. Rev. Stat. § 242.030(3) — 2 cases
Wilkinson v. Queen, 269 S.W.2d 223 (Ky. Ct. App. 1954).
“It is insisted that this was in violation of KRS 242.030(3), which provides: “The election [local option election] shall not be held on the same day that a primary or general election is held in the territory or any part of the territory, nor within thirty days next preceding or…”
Boyd v. Alexander, 284 S.W.2d 85 (Ky. Ct. App. 1955).
“030(2) provides that the* election shall not be held earlier than 60 nor later than 90 days after the date the petition is filed; KRS 242.030 (3) provides that the election shall not be held within 30 days next preceding or following a regular “political” election; and KRS 242.”
— Ky. Rev. Stat. § 242.030(5) — 5 cases
Parrott v. Belcher, 884 S.W.2d 634 (Ky. 1994).
“For this purpose the election in the city shall not be deemed to be an election in the “same territory” as that in which the county-wide election was held within the meaning of Sub-section (5) of KRS 242.030. If, at the election for a city, the majority of the votes cast are…”
Campbell v. Brewer, 884 S.W.2d 638 (Ky. 1994).
“Appellants brought this action for injunc-tive relief in reliance upon that portion of KRS 242.030(5) which provides that “no election shall be held in the same territory oftener than once in every three years.”
Ball v. Hill, 240 S.W.2d 628 (Ky. Ct. App. 1951).
“The contentions of the appellants are: (1) That to permit the “diys” to have a local option election in a precinct within less than three years after an election in *629 which the magisterial district containing the precinct has voted “wet,” is unwarranted discrimination and…”
Stagg v. Bd. of Educ., 303 S.W.2d 313 (Ky. Ct. App. 1957).
“A three-year interval is required between local option elections, KRS 242.030(5), and a five-year interval between city annexation elections, KRS 81.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.