SB 190 — AN ACT relating to actions of government officials.

UNOFFICIALCHAPTER COPY114 231 RSCHAPTER 114 ( SB 190/EN190 ) AN ACT relating to actions of government officials.

(a) Enacted and filed with the county clerk of any county or counties in which the city is located by no later than the first Wednesday after the first Monday in November of the year preceding the year in which the legislative Page 1 of 10 SB019020.100 - 1619 - XXXX 3/16/2023 8:29 PM Engrossed UNOFFICIAL COPY 23 RS SB 190/EN offices will appear on the ballot;

(a) The legislative body of the city shall fill the vacancy within thirty (30) days;[.] (b) A member of the legislative body in any city organized and governed under the commission plan as provided by KRS 83A.140 or city manager plan as provided by KRS 83A.150 may vote for himself;[.] Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) A member of the legislative body in any city organized and governed under the mayor-council plan as provided by KRS 83A.130 and in any city of the first class organized under the mayor-alderman plan as provided by KRS Chapter 83 shall not vote for himself;

and[.] Page 2 of 10 SB019020.100 - 1619 - XXXX 3/16/2023 8:29 PM Engrossed UNOFFICIAL COPY 23 RS SB 190/EN (d) The legislative body shall elect from among its members an individual to preside over meetings of the legislative body during any vacancy in the office of mayor in accordance with the provisions of KRS 83A.130 to 83A.150.

The resignation may be Page 3 of 10 SB019020.100 - 1619 - XXXX 3/16/2023 8:29 PM Engrossed UNOFFICIAL COPY 23 RS SB 190/EN submitted through electronic mail if it originates from the official's electronic mail address and includes also the official's handwritten signature.

(a) A candidate for party nomination to city office shall file his or her nomination Page 4 of 10 SB019020.100 - 1619 - XXXX 3/16/2023 8:29 PM Engrossed UNOFFICIAL COPY 23 RS SB 190/EN papers with the county clerk of the county not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Friday following the first Monday in January before the day fixed by KRS Chapter 118 for holding a primary for the office sought.

CHAPTER 114 3 (b) An independent candidate for nomination to city office shall not participate in a primary, but shall file his or her nomination papers with the county clerk of the county not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Tuesday after the first Monday in June before the day fixed by KRS Chapter 118 for holding a regular election for the office.

However, if a vacancy occurs in the party nomination for which he or she was an unsuccessful candidate in the primary, his or her name may be placed on the ballot for the regular election as a candidate of that party if he or she has been duly made the party nominee after the vacancy occurs, as provided in KRS Page 5 of 10 SB019020.100 - 1619 - XXXX 3/16/2023 8:29 PM Engrossed UNOFFICIAL COPY 23 RS SB 190/EN 118.105.

Signatures for nomination papers shall not be affixed on the document Page 6 of 10 SB019020.100 - 1619 - XXXX 3/16/2023 8:29 PM Engrossed UNOFFICIAL COPY 23 RS SB 190/EN to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot;

and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 7.

(3) Any city enacting an ordinance eliminating the nonpartisan primary as Page 7 of 10 SB019020.100 - 1619 - XXXX 3/16/2023 8:29 PM Engrossed UNOFFICIAL COPY 23 RS SB 190/EN authorized by subsection (2)(b) of this section or enacting an ordinance that repeals a previously enacted ordinance that eliminated the nonpartisan primary authorized by subsection (2)(b) of this section shall file the ordinance with the county clerk of the county or counties in which the city is located no later than the first Wednesday after the first Monday in November of the year preceding the year in which city elections are held.

Page 8 of 10 SB019020.100 - 1619 - XXXX 3/16/2023 8:29 PM Engrossed UNOFFICIAL COPY 23 RS SB 190/EN (4) If a city is divided into wards, legislative body members shall be nominated and elected in the following manner:

Page 9 of 10 SB019020.100 - 1619 - XXXX 3/16/2023 8:29 PM Engrossed UNOFFICIAL COPY 23 RS SB 190/EN (5) Any city enacting or amending an ordinance to establish or abolish wards, modify ward boundaries, or establish the manner of elections under subsection (4) of this section shall be completed within the time specified by subsection (3) of this section, and the city shall forward a copy of the ordinance to the county clerk or county clerks of the county or counties in which the city is located.

PageCHAPTER 10114 of5 10Signed SB019020.100by -Governor 1619March -27, XXXX2023. 3/16/2023 8:29 PM Engrossed

Legislative Research Commission PDF Version