Status legal, but confusing, says attorney
by The Cadiz Record
Aug 01, 2007 | 0 0 comments | 3 3 recommendations | email to a friend | print
A spokesman for the Kentucky Attorney General’s office said Monday that there is apparently no language in Kentucky statutes that would prevent appointed Cadiz Council member Donna McNichols from seeking office in a special election this fall.

“There doesn’t seem to be anything in the state statue requiring residency in the 12 month prior to the election,” said Gerard Gerhard.

The attorney referred back to Kentucky’s constitution, which spells out the procedure for holding an office within the state.

McNichols was recommended by Mayor Lyn Bailey to fill the vacancy created when the seat was left vacant due to a court ruling. McNichols, who owns a home in Wyandot Village, had previously been elected to the position and was chairman of the city’s finance committee

The subdivision, along with two others, was ruled outside the city limits, ending a six-year court battle. Council members voted 3-2 to have McNichols fill the seat.

Gerhard said the statute requiring residency is a confusing one, but apparently does not address the question as to length of time residency is required in specific language.

And because the language does not specifically require a person to live in the city for 12 month “preceding” the election, may cause problems in the event there were a challenge in court.

A full explanation of the law may be read in the latest Cadiz Record.
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