Ky. Rev. Stat. » Chapter 61
Kentucky Revised Statutes

Ky. Rev. Stat. § 61.090 (2026)

Acceptance of incompatible office vacates first

✓ current as of May 2026
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The acceptance by one (1) in office of another office or employment incompatible with the one (1) he holds shall operate to vacate the first. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3744.

Notes of Decisions
Cited in 5 cases, 1945–1979 · leading case: Trimble Cnty. Fiscal Court v. Trimble Cnty. Bd. of Health, 587 S.W.2d 276 (Ky. Ct. App. 1979).
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Trimble Cnty. Fiscal Court v. Trimble Cnty. Bd. of Health, 587 S.W.2d 276 (Ky. Ct. App. 1979). · cites it 2× “KRS 61.090 provides that “the *281 acceptance by one in office of another office or employment incompatible with the one he holds shall operate to vacate first.”
Adams v. Commonwealth Ex Rel. Buckman, 268 S.W.2d 930 (Ky. Ct. App. 1954). · cites it 3× “KRS 61.090 provides that the “acceptance” by a person in office of another, incompatible office shall operate to vacate the first office.”
O'Mara v. Town of Mt. Vernon, 185 S.W.2d 675 (Ky. Ct. App. 1945). · cites it 2× “080, KPS, which treat of incompatible offices, and section 61.090, KRS which provides that the acceptance of an incompatible office serves to vacate the former; section 61.”
Commonwealth ex rel. Breckinridge v. Winstead, 430 S.W.2d 647 (Ky. Ct. App. 1968). “…Temporary relief is denied. WILIAMS, C. J., and HILL, MILLI-KEN, OSBORNE and STEINFELD, JJ-, concur. . Const. § 165; KRS 61.090.”
Commonwealth ex rel. Buckman v. Miller, 272 S.W.2d 468 (Ky. Ct. App. 1954). “180 was directed to precluding a board' member from aspiring tó offices which were impressed with duti'es-incompatible with those discharged' by board members, unless he is willing to sacrifice his incumbency on the altar of ambition.”
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