County told state law requires regular election cycle for new commissioner seats

Michael Hoyt, a resident, asked the Bourbon County Commission about the timing of a previously passed resolution to hold an April election to add commissioner seats.

County officials said they had contacted the governor’s office and county attorneys, who advised that state law requires vacancies to be filled on a regular election cycle and warned that a special election would likely be subject to legal challenge. Commissioners and staff said that, under the legal guidance reported at the meeting, attempting to hold a special election could lead to lawsuits and to any winners being removed from office if a court found the election unlawful.

Meeting participants described two term-length options discussed for any newly elected commissioners: one-year terms or a mix of one- and three-year terms so future seats would align with regular cycles. Commissioners said the previously passed resolution placing an April special election on the ballot would need to be changed to match the regular election schedule if the commission chooses to proceed.

Commissioners said they—or their counsel—had met with representatives from the governor’s office, including the governor’s chief of staff and general counsel, to clarify the law. County members at the meeting recommended following the state guidance to avoid legal exposure; one participant urged that the commission decide at a future meeting after further review.

The discussion arose during the public-comment portion of the meeting and the commission did not take a final vote on changing the resolution at that session. Commissioners said they would continue to investigate the legal options and bring any changes back to a future meeting for formal action.

Ending: The commission indicated the topic would be revisited; the resolution that had placed an April election on the ballot was not implemented that night and would require further action to change to a regular election schedule.