Catchline at repeal: Primary election -- How vacancies filled.
History: Repealed 1980 Ky. Acts ch. 235, sec. 20; amended ch. 100, sec. 1. --
Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 100, effective January 2,
1978. -- Amended 1976 Ky. Acts ch. 247, sec. 2. -- Amended 1972 Ky. Acts ch. 188,
sec. 45, effective December 1, 1972. -- Amended 1970 Ky. Acts ch. 285, sec. 6. --
Amended 1968 Ky. Acts ch. 152, sec. 60. -- Amended 1966 Ky. Acts ch. 255, sec.
95. -- Amended 1946 Ky. Acts ch. 242, sec. 30. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3235dd-21, 3235dd-22, 3480c-
22, 3480c-23, 3606c-5, 3606c-6.
Legislative Research Commission Note. This section was amended in Acts 1980, ch.
100, § 1 and repealed in Acts 1980, ch. 235, § 20. The repeal prevails as it was the
later enactment.
Notes of Decisions
Cited in
6
cases, 1950–1979 · leading case:
Thomas v. Lyons, 586 S.W.2d 711 (Ky. 1979).
Thomas v. Lyons, 586 S.W.2d 711 (Ky. 1979).
· cites it 3× “02 of the Charter provides that the procedures for securing nomination to the council at a primary election shall be those set forth in KRS 89.440, except that no primary shall be held for a position for which there are no more than two applicants.”
Commonwealth v. Funk, 234 S.W.2d 957 (Ky. Ct. App. 1950).
“The trial Judge in his opinion says: “KRS 89.440 and the sections following it, set out the manner of holding a primary election in cities having commission and city manager form of government.”
Thompson v. Kenton Cnty. Bd. of Election Comm'n, 535 S.W.2d 68 (Ky. Ct. App. 1975).
“KRS 89.440, in providing for the manner of nomination and election of commissioners in cities of the second class, contains no express provision that would permit the contest of any primary election for such office, nor does it by implication grant such authority.”
Ayotte v. City of Danville, 411 S.W.2d 929 (Ky. Ct. App. 1967).
· cites it 2× “A second adjudication in the judgment below was that the provisions of KRS 89.440 for a primary election would not apply in the election of 1967 to fill the vacancy in the office of Mayor of Danville, because the city manager form of government would not yet be effective.”
Hales v. Langford, 446 S.W.2d 647 (Ky. Ct. App. 1969).
· cites it 5× “Pursuant to KRS 89.440 candidates for mayor, police judge and city commissioner must be nominated by a petition signed by SO or more voters and filed with the county court clerk at least 45 days before the day of *648 the primary election, which is fixed as the seventh Saturday…”
Douglas v. Sturgill, 261 S.W.2d 290 (Ky. Ct. App. 1953).
· cites it 3× “KRS 89.440 provides for a special nonpartisan primary election for the offices of Mayor, Police Judge, and Commissioner but neglects any mention of the means of electing a city prosecutor.”
— Ky. Rev. Stat. § 89.440(1) — 1 case
Hales v. Langford, 446 S.W.2d 647 (Ky. Ct. App. 1969).
“Pursuant to KRS 89.440 candidates for mayor, police judge and city commissioner must be nominated by a petition signed by SO or more voters and filed with the county court clerk at least 45 days before the day of *648 the primary election, which is fixed as the seventh Saturday…”
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.