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Ben Arnold cites statutes on what constitutes a quorum

From his research, it takes 3 members to constitute a quorum; he maintains that both the Sheriff and the County Clerk are now qualified to sit on the board and could vote. Clerk could have two votes. He says his research indicates the Statutes state that the Sheriff and Clerk are the other standing members of the Board and are responsible to vote in this case. I don't believe the Sheriff and Clerk can abstain and appoint someone else, unless it is an election year for them.

By Ben Arnold

Questions have been voiced concerning the vote for an appeal by the Board of Elections this week.



The KY Statutes lay out the details:
The county clerk serves as chair of the county board of elections. The county clerk may vote on matters before the board and, in case of a tie, may cast an additional vote (KRS 117.035).

In Addition to the clerk, the board consists of the sheriff and two appointed members designated by the State Board of Elections. The appointed members must be at least 21 years of age, must be qualified voters in the county from which they are appointed, and must not have been convicted of any election law offense.

The sheriff may not serve on the board in any year in which he or she is a candidate and must recommend to the board a temporary replacement. A county clerk can decide whether to serve on the board during a year as a candidate.

A county clerk who decides not to serve must recommend a temporary replacement (KRS 117.035). The two appointed members are selected from lists of five names submitted by the county executive committee of each of the two political parties that polled the largest number of votes in the last preceding election for presidential electors (KRS 117.035).

(3) A majority of the board shall constitute a quorum. The county clerk shall serve as chairman of the meetings and may vote. In case of a tie, the chairman may cast an additional vote. Records shall be kept of all proceedings, and the records shall be public and kept at the office of the county clerk.
My interpretation would be the Sheriff and current Clerk both can vote as this is not an election year for them. A quorum will require 3 members. This places responsibility on Sheriff Moss and Clerk Greer as it is not an election year. Since these two were not involved, they would seem to be most unbiased? An unusual and extra responsibility falls on Clerk Greer who controls the 5th vote with her ability to vote 2 times.

It would seem the State statutes should be changed to better provide a quorum method and a tie break vote. Perhaps the county Attorney or another should be the 5th member?? s/Ben Arnold


This story was posted on 2015-04-25 13:58:11
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