Kentucky Revised Statutes

Ky. Rev. Stat. § 61.040 (2026)

Conviction of certain crimes vacates office -- Pardon does not avoid

✓ current as of May 2026

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If any officer or deputy holding any office or post mentioned in KRS 61.010 is convicted of bribery, forgery, perjury or any felony, by a court of record in or out of this state, his office or post shall be vacated by such conviction, and if a pardon is afterward granted to him it shall not avoid the forfeiture. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3742.

Notes of Decisions

Cited in 3 cases, 1944–1985 · leading case: Baker v. Wilson, 221 S.W.2d 690 (Ky. Ct. App. 1949).

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Baker v. Wilson, 221 S.W.2d 690 (Ky. Ct. App. 1949). · cites it 3× “In making the’r argument they refer to and discuss section 227 of our Constitution, and to sections 61.040 and 61.300 of KRS. The constitutional section appears to apply only to chief officers, since we find nothing in it applying its provisions to deputy officers of the…”

Vaden v. Louisville Civil Serv. Bd., 701 S.W.2d 150 (Ky. Ct. App. 1985). “KRS 61.040 requires that any officer convicted of a felony vacate his office.”

Brooks, Mayor v. Collett, 178 S.W.2d 48 (Ky. Ct. App. 1944). “By virtue of KRS 61.040 Collett’s office of city clerk was vacated by the conviction of felony.”

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.