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67C.135 Division of county into legislative council districts after election approving consolidation -- Requirements for district plan -- Right of registered voter to bring action in Circuit Court.

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Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/067C00/pdf/135.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 1 67C.135 Division of county into legislative council districts after election approving consolidation--Requirementsfordistrictplan-- Right of registered voter to bring action in Circuit Court. (1)After certification of the election at which the voters of a county containing a city of thefirstclasshaveapprovedtheconsolidationofacityofthefirstclassandthe countyandafterreceiptofthe2000censusdata,aplantodividethe county into twenty-six (26) legislative council districts shall be submitted to the fiscal court in ordertoestablishtheinitialboundariesofthelegislativecouncildistrictsforthe newly consolidated government. (2)Thedistrictplanforthelegislativecouncilshallbepreparedandsubmittedby representatives of a department of geography from the largest public university that exists within the county. (3)Uponsubmissionoftheplanthatlaysouttheinitialboundaries of the legislative councildistricts,thefiscalcourtshallapprovetheplanwithinthirty(30)daysas submitted and without amendment. (4)The boundaries of the districts shall be drawn so that the districts are compact and contiguous,andthepopulationofeachdistrictshallbeasnearlyequalasis reasonably possible. (5)Thereafter,andnotlessthaneveryten(10)years,thelegislativecouncilshall initiatereapportionmentproceedingsinMayofthefirstyearfollowingthe decennial census of the United States to review the districts and reapportion them if necessary. (6)To initiate a reapportionment proceeding, the legislative council shall publish notice of the planned reapportionment in accordance with KRS Chapter 424. (7)In no event shall districts be reapportioned during the period from thirty (30) days prior to the last date for filing for candidacy for local government office as provided in KRS 118.165 and the regular election for candidates for local government office. (8)Precinct lines shall be drawn when necessary in accordance with the provisions of law. No precinct shall be in more than one (1) district. (9)Withintwenty(20)daysoftheestablishmentofthedistrictsbythelegislative council, any registered voter of the county may bring an action in the Circuit Court to enforce the provisions of this section. The Circuit Court shall hear the action and, on a finding that the legislative council has violated the provisions of this section, remandthemattertothelegislativecouncil.TheCircuitCourt,initsdiscretion, mayallowtheprevailingparty,otherthanthelegislativecouncil,areasonable attorney's fee, to be paid from the treasury of the local government, as part of the costs. Effective:July 14, 2000 History:Created 2000 Ky. Acts ch. 189, sec. 18, effective July 14, 2000.
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    Page 1 of 1 67C.135 Division of county into legislative council districts after election approving consolidation -- Requirements for district plan -- Right of registered voter to
    bring action in Circuit Court. (1) After certification of the election at which the voters of a county containing a city of the first class have approved the consolidation of a city of the first class and the
    county and after receipt of the 2000 census data, a plan to divide the county into
    twenty-six (26) legislative council districts shall be submitted to the fiscal court in
    order to establish the initial boundaries of the legislative council districts for the
    newly consolidated government. (2) The district plan for the legislative council shall be prepared and submitted by representatives of a department of geography from the largest public university that
    exists within the county. (3) Upon submission of the plan that lays out the initial boundaries of the legislative council districts, the fiscal court shall approve the plan within thirty (30) days as
    submitted and without amendment. (4) The boundaries of the districts shall be drawn so that the districts are compact and contiguous, and the population of each district shall be as nearly equal as is
    reasonably possible. (5) Thereafter, and not less than every ten (10) years, the legislative council shall initiate reapportionment proceedings in May of the first year following the
    decennial census of the United States to review the districts and reapportion them if
    necessary. (6) To initiate a reapportionment proceeding, the legislative council shall publish notice of the planned reapportionment in accordance with KRS Chapter 424. (7) In no event shall districts be reapportioned during the period from thirty (30) days prior to the last date for filing for candidacy for local government office as provided
    in KRS 118.165 and the regular election for candidates for local government office. (8) Precinct lines shall be drawn when necessary in accordance with the provisions of law. No precinct shall be in more than one (1) district. (9) Within twenty (20) days of the establishment of the districts by the legislative council, any registered voter of the county may bring an action in the Circuit Court
    to enforce the provisions of this section. The Circuit Court shall hear the action and,
    on a finding that the legislative council has violated the provisions of this section,
    remand the matter to the legislative council. The Circuit Court, in its discretion,
    may allow the prevailing party, other than the legislative council, a reasonable
    attorney's fee, to be paid from the treasury of the local government, as part of the
    costs. Effective: July 14, 2000
    History: Created 2000 Ky. Acts ch. 189, sec. 18, effective July 14, 2000.

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