School bond and tax elections in Kentucky

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School bond and tax elections in Kentucky are held on one circumstance:

  • To Issue new bonding

Laws affecting school finance

Kentucky bond issue law

In Kentucky, a public question is required in order to issue bonds for new construction or capital improvements of public schools. Bonds can be used by school districts in Kentucky for:

  • Enlarging sites of current school buildings.
  • Purchasing new property sites. Independent school districts in Kentucky are restricted to not more than two (2) miles outside of the school district's boundary lines.
  • Improving, remodeling, or restoring school buildings.
  • Erecting and or equipping new school buildings.[1]

Kentucky school districts have no restrictions when setting the terms of issued bonds. This means that school districts are free to choose the sale terms, whether bonds can be sold at, above, or below par value and the interest rate.[2] There are also no restrictions in Kentucky when bonds have to mature.[3] Bond issues cannot be used to build athletic facilities.[4]

Conduct of election, rules, limitations

Authority conducting elections

The school district is responsible for conducting elections as Kentucky law mandates that school districts are responsible for paying for all costs of an election. This is regardless of when the election is held.[5] The County Clerk is responsible for issuing all ballot questions at the local level in Kentucky.[6]

Election dates

There are no restrictions on when Kentucky school districts can hold special elections as long it is within the specified required notice parameters. Section 155 of the Kentucky Constitution exempts school districts from all election restrictions in Sections 145 to 154 as they are free to hold elections whenever they need to.[7]

Needed majority

A two-thirds super-majority vote is required to pass a bond issue in the State of Kentucky.[8]

Special elections

There are no restrictions on special elections for school districts in Kentucky. Section 155 of the Kentucky Constitution outlines that school districts are exempt from all election restrictions listed from Sections 145 to 154 of the Kentucky Constitution.[9]

Wording of measures

Under Kentucky law, all school bond measures must end in "For" or "Against."[10]

Required notice of bond election

Under Kentucky law, a minimum 30 days notice must be required for an election.[11] The maximum notice under the law is 63 days.[12]

See also

External links

Footnotes

  1. "Kentucky Department of Education" Kentucky Education Code(Referenced Statute 162.080(1))
  2. "Kentucky Department of Education" Kentucky Education Law(Referenced Statute 162.090(1) Kentucky Code)
  3. "Kentucky Department of Education" Kentucky Education Law(Referenced Statute 162.080, (NOTES TO DECISIONS #5, Supreme Court Ruling) Kentucky Code)
  4. "Kentucky Department of Education" Kentucky Education Law(Referenced Statute 162.080, (NOTES TO DECISIONS #2, Supreme Court Ruling) Kentucky Code)
  5. "Kentucky Department of Education" Kentucky Education Law(Referenced Statute 162.080(3) Kentucky Code)
  6. "Kentucky Department of Education" Kentucky Education Law(Referenced Statute 162.080(1) Kentucky Code)
  7. "Kentucky Legislature" Kentucky Constitution(Referenced Section, Section 155)
  8. "Kentucky Department of Education" Kentucky Education Law(Referenced Statute 162.090(1) Kentucky Code)
  9. "Kentucky Legislature" Kentucky Constitution(Referenced Section, Section 155)
  10. "Kentucky Department of Education" Kentucky Education Law(Referenced Statute 162.080(1) Kentucky Code)
  11. "Kentucky Department of Education" Kentucky Education Law(Referenced Statute 162.080(3) Kentucky Code)
  12. "Kentucky Department of Education" Kentucky Education Law(Referenced Statute 162.080, (NOTES TO DECISIONS #9, Supreme Court Ruling) Kentucky Code)