KRS § 67.832 — KY Code / Title IX / Chapter 67 / Section 67.832
67.832 Petition to form commission to study adoption of charter county form of government or consolidation of agencies and services
Status: in_force

67.832 Petition to form commission to study adoption of charter county form of

government or consolidation of agencies and services.

(1) A petition authorized pursuant to KRS 67.830(2) shall meet the requirements of this

section. The petition shall be drafted in such a way that the effect of signing the

petition is to support the formation of a commission to study the question of the

adoption of a charter county form of government or the consolidation of any agency,

subdivision, department, or subdistrict providing any services or performing any

function for a city or a county.

(2) Any five (5) qualified voters within the unincorporated area of the county or five (5)

qualified voters within the most populous city within the county may commence

petition proceedings by filing with the county clerk an affidavit stating they

constitute the petition committee and will be responsible for circulating the petition

and filing it in proper form. The affidavit shall:

(a) State the names and addresses of the committee members;

(b) Specify the address to which all notices to the committee are to be sent; and

(c) Set out in full the proposal to be considered by the voters.

(3) No later than fourteen (14) business days after the affidavit of the petition

committee is filed, the county clerk shall:

(a) Notify the petition committee of all statutory requirements for petitions under

this section; and

(b) Deliver a copy of the affidavit to the fiscal court and the legislative body of

each city within the county.

(4) In form, a petition to be filed under this section shall:

(a) Be uniform in size and style;

(b) Be assembled as one (1) instrument for filing;

(c) Contain signatures that are executed in ink or indelible pencil. The petition

shall be signed by registered voters and the petition shall include:

1. The signature of the registered voter;

2. The printed name of the registered voter;

3. The residential address of the registered voter;

4. The date of birth of the registered voter; and

5. The date of signature of the petition.

(d) Be signed by a number of voters:

1. Equal to at least twenty percent (20%) of the county's residents in the

unincorporated areas of the county voting in the preceding regular

election; and

2. Equal to at least twenty percent (20%) of the residents of the

incorporated areas of the county voting in the preceding regular election;

and

(e) Contain or have attached throughout its circulation, the full text of the

proposal.

(5) When it is filed, each sheet of a petition shall have an affidavit executed by the

circulator stating:

(a) That he or she personally circulated the sheet;

(b) The number of signatures contained on the petition;

(c) That all signatures were affixed in his or her presence;

(d) That each signer had an opportunity before signing to read the full text of the

proposal; and

(e) That he or she believes them to be genuine signatures of registered voters in

the county.

(6) (a) Within thirty (30) days after the petition is filed, the county clerk shall

complete a certificate as to its sufficiency.

(b) If the county clerk finds the petition sufficient, the clerk shall send a certificate

of the petition's sufficiency, by certified mail, to:

1. The petition committee;

2. The fiscal court of the county; and

3. The legislative body of each city within the county.

(c) If the county clerk finds the petition is insufficient, the clerk shall:

1. File a certificate of insufficiency specifying the particulars making it

insufficient; and

2. Send a copy of the certificate, by certified mail, to:

a. The petition committee;

b. The fiscal court of the county; and

c. The legislative body of each city within the county.

(7) (a) A petition certified insufficient for lack of the required number of valid

signatures may be amended once if the petition committee files:

1. A notice of intention to amend it with the county clerk within five (5)

days after receiving the certificate of insufficiency; and

2. A supplemental petition upon additional sheets within thirty (30) days of

receiving the certificate of insufficiency. The supplemental sheets shall

comply with all requirements established by subsection (4) of this

section.

(b) Within ten (10) days after the supplemental petition is filed, the county clerk

shall determine if the amended petition is sufficient. If the county clerk finds

the amended petition sufficient, the clerk shall complete a certificate of

sufficiency and send a copy of certificate of the petition's sufficiency, by

certified mail, to:

1. The petition committee;

2. The fiscal court of the county; and

3. The legislative body of each city within the county.

(8) A final determination as to the sufficiency of a petition shall be subject to review in

the Circuit Court of the county. This review shall be limited to the validity of the

county clerk's determination. A final determination of insufficiency shall not

prejudice the filing of a new petition for the same purpose in accordance with this

section.