Within five (5) days after the county judge/executive orders an election, the county clerk
shall give to the sheriff a certified copy of the order. The sheriff shall have the order
published pursuant to KRS Chapter 424 in the county. When the election is ordered for
the entire county, the sheriff shall also advertise the order by written or printed handbills
posted at not less than five (5) conspicuous places in each precinct of the county for two
(2) weeks before the election, and, when the election is ordered held in a city, district or
precinct, at five (5) conspicuous places in each precinct therein for the same length of
time. The sheriff shall report in writing to the county judge/executive that the notices
have been published and posted.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 376, effective June 17, 1978. --
Amended 1966 Ky. Acts ch. 239, sec. 173. -- Recodified 1942 Ky. Acts ch. 208, sec.
1, effective October 1, 1942, from Ky. Stat. sec. 2554c-5.
Notes of Decisions
Cited in
17
cases, 1942–1982 · leading case:
Hall v. Sturgill, 204 S.W.2d 496 (Ky. Ct. App. 1947).
Hall v. Sturgill, 204 S.W.2d 496 (Ky. Ct. App. 1947).
· cites it 4× “Pursuant to KRS 242.040 a copy of the order was published in a newspaper at least two weeks prior to the date set for the election.”
Queenan v. City of Louisville, 233 S.W.2d 1010 (Ky. Ct. App. 1950).
· cites it 2× “KRS 242.040, after requiring publication in a newspaper of the order calling the election, provides that “the sheriff shall also advertise the order by written or printed handbills posted at not less than five conspicuous places in each precinct of the county for two weeks…”
Queenan v. City of Louisville, 233 S.W.2d 1010 (Ky. Ct. App. 1950).
· cites it 2× “KRS 242.040, after requiring publication in a newspaper of the order calling the election, provides that "the sheriff shall also advertise the order by written or printed handbills posted at not less than five conspicuous places in each precinct of the county for two weeks…”
Chumley v. Williams, 639 S.W.2d 557 (Ky. Ct. App. 1982).
· cites it 3× “This action was based on the failure to properly advertise the local option election as required by KRS 242.040. The appellants are qualified voters who are opposed to the legalized sale of alcoholic beverages.”
Harris v. Cannon, 199 S.W.2d 429 (Ky. Ct. App. 1946).
· cites it 2× “(5) The sheriff failed to post notices in the manner provided by section 242.040, KRS and (6) to hold the election valid under the facts, would result in depriving contestant of his property and property rights in violation of the Federal Constitution.”
Keeling v. Coker, 171 S.W.2d 263 (Ky. Ct. App. 1943).
“However, the Court’s order calling the election and fully identifying the precincts was concededly published for the requisite period, and since the Sheriff, so far as the newspaper advertising is concerned, was only required by the Statute to “have the order published for at…”
Donohue v. Swindler, 184 S.W.2d 348 (Ky. Ct. App. 1944).
“KRS 242.040 provides that when a local option election is ordered for an entire county, the sheriff, in addition to publishing newspaper advertisements, shall “advertise the order by written or printed'handbills.”
Jackson v. Bolt, 166 S.W.2d 831 (Ky. Ct. App. 1942).
“KRS 242.040 (Section 2554c-5, Carroll’s Kentucky Statutes) requires the sheriff to advertise a county local' option election by written or printed handbills posted at not less than five conspicuous places in each precinct of the county for at least two weeks before the election.”
Booth v. McKenzie, 194 S.W.2d 63 (Ky. Ct. App. 1946).
· cites it 2× “The appellant, Orville Booth, filed his contest petition in the Greenup Circuit Court, wherein he alleged (1) that notices of the election were not published as required by Section 242.040, KES; (2) that in Fullerton Precinct No.”
Duncan v. McMurray, 249 S.W.2d 156 (Ky. Ct. App. 1952).
“Any irregularity in fixing the boundary of the territory in which the election was held may not be inquired into collaterally, there being no disclosure or even a claim of any condition or action which may have invalidated the election held in that established territory.”
Ligon v. Beeny, 258 S.W.2d 454 (Ky. Ct. App. 1953).
“The sole contention on the appeal is that the proof established that notices of the election were not properly posted in five conspicuous places in each of the three precincts in the city for two weeks before the election, as required by KRS 242.040. The sheriff, through a…”
McDonald v. Whallen, 415 S.W.2d 840 (Ky. Ct. App. 1967).
· cites it 4× “McDonald also contends that the advertisement which the sheriff caused to be inserted in the newspaper did not comply with KRS 242.040 and violates the law stated in Terrill v.”
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.