Kentucky Revised Statutes

Ky. Rev. Stat. § 67.070 (2026)

Fiscal courts having county commissioners, law governing -- Special

✓ current as of May 2026

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sessions -- Tie vote.

(1) Except as provided in subsections (2) and (3) of this section, and as otherwise provided by law, all laws governing fiscal courts composed of the county judge/executive and the justices of the peace shall be applicable to fiscal courts composed of the county judge/executive and the county commissioners.

(2) When the county judge/executive is unable to call a special session, or refuses to do so on request of two (2) commissioners, two (2) commissioners may call it if, in their opinion, the necessity exists.

(3) When there is a tie vote in the fiscal court in the selection of any officer or employee to be selected by the fiscal court, and a deadlock results and continues for fifteen (15) days or longer, the county judge/executive shall cause to be entered upon the minutes of the fiscal court an order reciting the facts as to the deadlock, and the question upon which it has occurred and exists, and thereupon, unless an election is immediately made by the fiscal court, the county judge/executive shall appoint the officer or employee. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1850, 1851b-6.

Notes of Decisions

Cited in 2 cases, 1950–1962 · leading case: Smith v. McDermott, 230 S.W.2d 636 (Ky. Ct. App. 1950).

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Smith v. McDermott, 230 S.W.2d 636 (Ky. Ct. App. 1950). “No one was appointed to the office of treasurer of Kenton County at the April term, 1949, nor was there a future meeting called in accordance with the provisions of the statute. It is stipulated that after numerous attempts to agree upon a choice, on October 6 two of the…”

Cook v. Fihe, 358 S.W.2d 350 (Ky. Ct. App. 1962). · cites it 5× “This appeal presents questions of construction of KRS 67.070(3), relating to fiscal courts having commissioners rather than justices of the peace as members.”

— Ky. Rev. Stat. § 67.070(3) — 1 case

Cook v. Fihe, 358 S.W.2d 350 (Ky. Ct. App. 1962). “This appeal presents questions of construction of KRS 67.070(3), relating to fiscal courts having commissioners rather than justices of the peace as members.”

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