Kentucky Statutes 67.045 – District boundaries — Reapportionment — Procedure
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(1) For the purposes of this section the word “district” shall mean:
(a) Justice’s of the peace district in counties having a fiscal court composed of the county judge/executive and the justices of the peace;
(b) County commissioner’s district in counties having a fiscal court composed of the county judge/executive and three (3) county commissioners; or
(c) Justice’s of the peace district in counties having a fiscal court composed of the county judge/executive and three (3) county commissioners established according to KRS § 67.060.
(2) In counties where the members of the county fiscal court are nominated or elected by districts, the boundaries of those districts shall be drawn so that the districts are compact, contiguous, and the population of each district shall be as nearly equal as is reasonably possible.
(3) In counties where the fiscal court consists of the county judge/executive and three (3) county commissioners established according to KRS § 67.060, the justice of the peace districts shall be coextensive with the three (3) county commissioner districts.
(4) The fiscal court shall initiate reapportionment proceedings in May of the first year following the decennial census of the United States. The fiscal court may, at other times, review the district boundaries and shall initiate reapportionment proceedings if the district boundaries are in violation of subsection (2) of this section.
(5) To initiate a reapportionment proceeding, the fiscal court shall publish notice of the planned reapportionment in accordance with KRS Chapter 424 and appoint three (3) competent citizens of the county over twenty-one (21) years of age, and residing in different districts, and the county clerk as a nonvoting member as commissioners to reapportion the county into not less than three (3) nor more than eight (8) justices’ districts in counties having a fiscal court composed of the county judge/executive and the justices of the peace or three (3) commissioner’s districts in counties having a fiscal court composed of the county judge/executive and county commissioners. The commissioners, before they proceed to act, shall be sworn to faithfully perform their duties. They shall receive out of the county treasury a reasonable compensation for their services, fixed by the fiscal court.
(6) The commissioners shall, within sixty (60) days after their appointment, lay off the boundary lines of the districts. They shall file in the office of the county clerk and with each member of the fiscal court a written report, showing the boundary of each district and the estimated population in each. Within sixty (60) days of the receipt of the report, the fiscal court shall consider the report of the commissioners and, in accordance with the provisions of KRS § 67.075 to KRS § 67.077, adopt or amend the report in establishing the districts. In no event shall districts be reapportioned during the period from thirty (30) days prior to the last date for filing for candidacy for county office as provided in KRS § 118.165 and the regular election for candidates for county office.
(7) Precinct lines shall be redrawn when necessary in accordance with the provisions of
KRS § 117.055. No precinct shall be in more than one (1) district.
(8) Within twenty (20) days of the establishment of the districts by the fiscal court, any registered voter of the county may bring an action in the Circuit Court to enforce the provisions of this section. The Circuit Court shall hear the action and, on a finding that the fiscal court has violated the provisions of this section, remand the matter to the fiscal court. The Circuit Court, in its discretion, may allow the prevailing party, other than the fiscal court, a reasonable attorney‘s fee, to be paid from the county treasury, as part of the costs.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 354, sec. 5, effective July 14, 2000. — Amended
1998 Ky. Acts ch. 390, sec. 1, effective July 15, 1998. — Amended 1982 Ky. Acts ch.
29, sec. 1, effective July 15, 1982. — Created 1978 Ky. Acts ch. 201, sec. 1, effective
March 30, 1978.
(a) Justice’s of the peace district in counties having a fiscal court composed of the county judge/executive and the justices of the peace;
Terms Used In Kentucky Statutes 67.045
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. See Kentucky Statutes 446.010
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(b) County commissioner’s district in counties having a fiscal court composed of the county judge/executive and three (3) county commissioners; or
(c) Justice’s of the peace district in counties having a fiscal court composed of the county judge/executive and three (3) county commissioners established according to KRS § 67.060.
(2) In counties where the members of the county fiscal court are nominated or elected by districts, the boundaries of those districts shall be drawn so that the districts are compact, contiguous, and the population of each district shall be as nearly equal as is reasonably possible.
(3) In counties where the fiscal court consists of the county judge/executive and three (3) county commissioners established according to KRS § 67.060, the justice of the peace districts shall be coextensive with the three (3) county commissioner districts.
(4) The fiscal court shall initiate reapportionment proceedings in May of the first year following the decennial census of the United States. The fiscal court may, at other times, review the district boundaries and shall initiate reapportionment proceedings if the district boundaries are in violation of subsection (2) of this section.
(5) To initiate a reapportionment proceeding, the fiscal court shall publish notice of the planned reapportionment in accordance with KRS Chapter 424 and appoint three (3) competent citizens of the county over twenty-one (21) years of age, and residing in different districts, and the county clerk as a nonvoting member as commissioners to reapportion the county into not less than three (3) nor more than eight (8) justices’ districts in counties having a fiscal court composed of the county judge/executive and the justices of the peace or three (3) commissioner’s districts in counties having a fiscal court composed of the county judge/executive and county commissioners. The commissioners, before they proceed to act, shall be sworn to faithfully perform their duties. They shall receive out of the county treasury a reasonable compensation for their services, fixed by the fiscal court.
(6) The commissioners shall, within sixty (60) days after their appointment, lay off the boundary lines of the districts. They shall file in the office of the county clerk and with each member of the fiscal court a written report, showing the boundary of each district and the estimated population in each. Within sixty (60) days of the receipt of the report, the fiscal court shall consider the report of the commissioners and, in accordance with the provisions of KRS § 67.075 to KRS § 67.077, adopt or amend the report in establishing the districts. In no event shall districts be reapportioned during the period from thirty (30) days prior to the last date for filing for candidacy for county office as provided in KRS § 118.165 and the regular election for candidates for county office.
(7) Precinct lines shall be redrawn when necessary in accordance with the provisions of
KRS § 117.055. No precinct shall be in more than one (1) district.
(8) Within twenty (20) days of the establishment of the districts by the fiscal court, any registered voter of the county may bring an action in the Circuit Court to enforce the provisions of this section. The Circuit Court shall hear the action and, on a finding that the fiscal court has violated the provisions of this section, remand the matter to the fiscal court. The Circuit Court, in its discretion, may allow the prevailing party, other than the fiscal court, a reasonable attorney‘s fee, to be paid from the county treasury, as part of the costs.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 354, sec. 5, effective July 14, 2000. — Amended
1998 Ky. Acts ch. 390, sec. 1, effective July 15, 1998. — Amended 1982 Ky. Acts ch.
29, sec. 1, effective July 15, 1982. — Created 1978 Ky. Acts ch. 201, sec. 1, effective
March 30, 1978.