Laws governing local ballot measures in Kentucky

Laws Governing Local Ballot Measures

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A guide to local ballot initiatives

Local referendum powers are granted by the Ketucky Constitution but only concerning limited subject matters. Initiative powers on the local level seem to be prohibited by state law.

This article sets out the laws governing local ballot measures in Kentucky. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 118 counties, 417 cities, towns, and villages, and 601 special districts.

Cities and Counties also have the option of consolidating governments under one of the forms provided by state law. Louisville-Jefferson operates as a consolidated local government under Kentucky Revised Statute 67C. Lexington-Fayette operates as an urban county government under Kentucky Revised Statute 67A and the local charter created during the merger process.

School districts

See also: School bond and tax elections in Kentucky

Kentucky only allows for elections for bond issues. The Kentucky Constitution gives school districts the right to hold elections freely at any time and without any minimum notice requirement. The law also states that bond issues are limited to new construction and capital improvements. There are no restrictions on selling terms or maturity. However, Kentucky law bans referendums for the building of new athletic facilities.

In Kentucky, a school district is required to refer a ballot measure to voters when the school district votes to raise the district's tax rate to produce a revenue increase of more than 4%.

Initiative process availability

An initiative process is not mentioned explicitly, but seems to be prohibited by Kentucky Revised Statute Section 83A.120 below. The process for referendum is allowed, but is restricted to the limited issues which are established in Section 60 of the Constitution below.

Authority

Constitution

Rules restricting the use of direct democracy are found in:

Section 60 of the Kentucky Constitution:   “ Text of Section 60 The General Assembly shall not indirectly enact any special or local act by the repeal in part of a general act, or by exempting from the operation of a general act any city, town, district or county; but laws repealing local or special acts may be enacted. No law shall be enacted granting powers or privileges in any case where the granting of such powers or privileges shall have been provided for by a general law, nor where the courts have jurisdiction to grant the same or to give the relief asked for. No law, except such as relates to the sale, loan or gift of vinous, spirituous or malt liquors, bridges, turnpikes or other public roads, public buildings or improvements, fencing, running at large of stock, matters pertaining to common schools, paupers, and the regulation by counties, cities, towns or other municipalities of their local affairs, shall be enacted to take effect upon the approval of any other authority than the General Assembly, unless otherwise expressly provided in this Constitution. ”

Statutes

Petitions for referenda are treated in:

State Statutes Section 83A.120:   “ Any public question authorized by statute may be submitted to the voters of a city by either a resolution of the city legislative body or a petition meeting the requirements of this section. The resolution or petition shall set out in full the matter to be considered. The proposal shall be drafted in such a way that a vote in favor of adoption shall be a vote in favor of the effect or impact of the proposal. ”

Initiative process features

Local Referendum Process

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

Lexington is the only local government in Kentucky with an initiative process for local ballot measures. See law: Lexington-Fayette Charter, Art. 14

Individual city provisions   Louisville Population as of the July, 2011 census update: 602,011. Louisville is a consolidated city-county government which operates under the general law and has no initiative process for local ballot measures. Lexington Population as of the July 2011 census update: 301,569. Lexington is an urban county government with charter. Although state law does not grant or authorize local adoption of initiative power to propose ordinances, the Lexington-Fayette Urban County Government Charter authorizes initiative for citizens to propose and vote on amendments to the charter. Petitions must be signed by 10% of the vote cast in the last preceding regular mayoral election of the Merged Government, and filed with the County Clerk not less than 90 days prior to the next regular general election. The proposed amendment will be placed on the ballot where a majority vote passes the measure. Bowling Green Population as of the July, 2011 census update: 58,894. Bowling Green is a general law city and has no initiative process for local ballot measures. Owensboro Population as of the July, 2011 census update: 57,605. Owensboro is general law city and has no initiative process for local ballot measures. Covington Population as of the July, 2011 census update: 40,811. Covington is a general law city and has no initiative process for local ballot measures. Richmond Population as of the July, 2011 census update: 31,809. Richmond is a general law city and has no initiative process for local ballot measures. Hopkinsville Population as of the July, 2011 census update: 31,419. Hopkinsville is a general law city and has no initiative process for local ballot measures. Florence Population as of the July, 2011 census update: 30,687. Florence is a general law city and has no initiative process for local ballot measures. Georgetown Population as of the July, 2011 census update: 29,690. Georgetown is a general law city and has no initiative process for local ballot measures. Elizabethtown Population as of the July, 2011 census update: 29,044. Elizabethtown is a general law city and has no initiative process for local ballot measures.

External links

• Kentucky League of Cities
• Kentucky State Statutes