KENTUCKY CONSTITUTION
ARTICLE VI
THE EXECUTIVE DEPARTMENT

§69 | EXECUTIVE POWER VESTED IN GOVERNOR

The supreme executive power of the Commonwealth shall be vested in a Chief Magistrate, who shall be styled the “Governor of the Commonwealth of Kentucky.”

§70 | ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR – TERM – TIE VOTE

The Governor and Lieutenant Governor shall be elected for the term of four years by the qualified voters of the State. They shall be elected jointly by the casting by each voter of a single vote applicable to both offices, as shall be provided by law. The slate of candidates having the highest number of votes cast jointly for them for Governor and Lieutenant Governor shall be elected; but if two or more slates of candidates shall be equal and highest in votes, the election shall be determined by lot in such manner as the General Assembly may direct.

§71 | GUBERNATORIAL SUThe Executive DepartmentESSION

The Governor shall be ineligible for the succeeding four years after the expiration of any second consecutive term for which he shall have been elected.

§72 | QUALIFICATIONS OF GOVERNOR AND LIEUTENANT GOVERNOR – DUTIES OF LIEUTENANT GOVERNOR

The Governor and the Lieutenant Governor shall be at least thirty years of age, and have been citizens and residents of Kentucky for at least six years next preceding their election. The duties of the Lieutenant Governor shall be prescribed by law, and he shall have such other duties as delegated by the Governor.

§73 | WHEN TERMS OF GOVERNOR AND LIEUTENANT GOVERNOR BEGIN

The Governor and the Lieutenant Governor shall commence the execution of the duties of their offices on the fifth Tuesday succeeding their election, and shall continue in the execution thereof until a successor shall have qualified.

§74 | COMPENSATION OF GOVERNOR AND LIEUTENANT GOVERNOR

The Governor and Lieutenant Governor shall at stated times receive for the performance of the duties of their respective offices compensation to be fixed by law.

§75 | GOVERNOR IS COMMANDER-IN-CHIEF OF ARMY, NAVY AND MILITIA

He shall be Commander-in-Chief of the army and navy of this Commonwealth, and of the militia thereof, except when they shall be called into the service of the United States; but he shall not command personally in the field, unless advised so to do by a resolution of the General Assembly.

§76 | POWER OF GOVERNOR TO FILL VACANCIES

He shall have the power, except as otherwise provided in this Constitution, to fill vacancies by granting commissions, which shall expire when such vacancies shall have been filled according to the provisions of this Constitution.

§77 | POWER OF GOVERNOR TO REMIT FINES AND FORFEITURES, GRANT REPRIEVES AND PARDONS – NO POWER TO REMIT FEES

He shall have power to remit fines and forfeitures, commute sentences, grant reprieves and pardons, except in case of impeachment, and he shall file with each application therefor a statement of the reasons for his decision thereon, which application and statement shall always be open to public inspection. In cases of treason, he shall have power to grant reprieves until the end of the next session of the General Assembly, in which the power of pardoning shall be vested; but he shall have no power to remit the fees of the Clerk, Sheriff or Commonwealth’s Attorney in penal or criminal cases.

§78 | GOVERNOR MAY REQUIRE INFORMATION FROM STATE OFFICERS

He may require information in writing from the officers of the Executive Department upon any subject relating to the duties of their respective offices.

§79 | REPORTS AND RECOMMENDATIONS TO GENERAL ASSEMBLY

He shall, from time to time, give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such measures as he may deem expedient.

§80 | GOVERNOR MAY CALL EXTRAORDINARY SESSION OF GENERAL ASSEMBLY, ADJOURN GENERAL ASSEMBLY

He may, on extraordinary occasions, convene the General Assembly at the seat of government, or at a different place, if that should have become dangerous from an enemy or from contagious diseases. In case of disagreement between the two Houses with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not exceeding four months. When he shall convene the General Assembly it shall be by proclamation, stating the subjects to be considered, and no other shall be considered.

§81 | GOVERNOR TO ENFORCE LAWS

He shall take care that the laws be faithfully executed.

§82 | SUThe Executive DepartmentESSION OF LIEUTENANT GOVERNOR

The Lieutenant Governor shall be ineligible to the office of Lieutenant Governor for the succeeding four (4) years after the expiration of any second consecutive term for which he shall have been elected.

§83 | (REPEALED 1992)

Catchline read at time of repeal:

“Lieutenant Governor is President of Senate – Right to vote.”

§84 | WHEN LIEUTENANT GOVERNOR TO ACT AS GOVERNOR – PRESIDENT OF THE SENATE NOT TO PRESIDE AT IMPEACHMENT OF GOVERNOR – CERTIFICATION OF DISABILITY OF GOVERNOR

Should the Governor be impeached and removed from office, die, refuse to qualify, resign, certify by entry on his Journal that he is unable to discharge the duties of his office, or be, from any cause, unable to discharge the duties of his office, the Lieutenant Governor shall exercise all the power and authority appertaining to the office of Governor until another be duly elected and qualified, or the Governor shall be able to discharge the duties of his office. On the trial of the Governor, the President of the Senate shall not preside over the proceedings, but the Chief Justice of the Supreme Court shall preside during the trial.

If the Governor, due to physical or mental incapacitation, is unable to discharge the duties of his office, the Attorney General may petition the Supreme Court to have the Governor declared disabled. If the Supreme Court determines in a unanimous decision that the Governor is unable to discharge the duties of his office, the Chief Justice shall certify such disability to the Secretary of State who shall enter same on the Journal of the Acts of the Governor, and the Lieutenant Governor shall assume the duties of the Governor, and shall act as Governor until the Supreme Court determines that the disability of the Governor has ceased to exist. Before the Governor resumes his duties, the finding of the Court that the disability has ceased shall be certified by the Chief Justice to the Secretary of State who shall enter such finding on the Journal of the Acts of the Governor.

§85 | PRESIDENT OF SENATE – ELECTION – POWERS

A President of the Senate shall be elected by each Senate as soon after its organization as possible and as often as there is a vacancy in the office of President, another President of the Senate shall be elected by the Senate, if in session. And if, during the vacancy of the office of Governor, the Lieutenant Governor shall be impeached and removed from office, refuse to qualify, resign, or die, the President of the Senate shall in like manner administer the government.

§86 | COMPENSATION OF PRESIDENT OF THE SENATE

The President of the Senate shall receive for his services the same compensation which shall, for the same period, be allowed to the Speaker of the House of Representatives, and during the time he administers the government as Governor, he shall receive the same compensation which the Governor would have received had he been employed in the duties of his office.

§87 | WHO TO ACT AS GOVERNOR IN ABSENCE OF LIEUTENANT GOVERNOR AND PRESIDENT OF THE SENATE

If the Lieutenant Governor shall be called upon to administer the government in place of the Governor, and shall, while in such administration, resign, or die during the recess of the General Assembly, if there be no President of the Senate, it shall be the duty of the Attorney General, for the time being, to convene the Senate for the purpose of choosing a President; and until a President is chosen, the Attorney General shall administer the government.

If there be no Attorney General to perform the duties devolved upon him by this section, then the Auditor, for the time being, shall convene the Senate for the purpose of choosing a President, and shall administer the government until a President is chosen.

§88 | SIGNATURE OF BILLS BY GOVERNOR – VETO – PASSAGE OVER VETO – PARTIAL VETO

Every bill which shall have passed the two Houses shall be presented to the Governor. If he approve, he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which shall enter the objections in full upon its journal, and proceed to reconsider it. If, after such reconsideration, a majority of all the members elected to that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which it shall likewise be considered, and if approved by a majority of all the members elected to that House, it shall be a law; but in such case the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal of each House respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return, in which case it shall be a law, unless disapproved by him within ten days after the adjournment, in which case his veto message shall be spread upon the register kept by the Secretary of State.

The Governor shall have the power to disapprove any part or parts of appropriation bills embracing distinct items, and the part or parts disapproved shall not become a law unless reconsidered and passed, as in case of a bill.

§89 | CONCURRENT ORDERS AND RESOLUTIONS ON SAME FOOTING AS BILL

Every order, resolution or vote, in which the concurrence of both Houses may be necessary, except on a question of adjournment, or as otherwise provided in this Constitution, shall be presented to the Governor, and, before it shall take effect, be approved by him; or, being disapproved, shall be repassed by a majority of the members elected to both Houses, according to the rules and limitations prescribed in case of a bill.

§90 | CONTEST OF ELECTION FOR GOVERNOR OR LIEUTENANT GOVERNOR

Contested elections for Governor and Lieutenant Governor shall be determined by both Houses of the General Assembly, according to such regulations as may be established by law.

§91 | CONSTITUTIONAL STATE OFFICERS – ELECTION – QUALIFICATION – TERM OF OFFICE – DUTIES – SECRETARY OF STATE TO RECORD ACTS OF GOVERNOR AND REPORT THEM TO GENERAL ASSEMBLY

A Treasurer, Auditor of Public Accounts, Commissioner of Agriculture, Labor and Statistics, Secretary of State, and Attorney-General, shall be elected by the qualified voters of the State at the same time the Governor and Lieutenant Governor are elected, for the term of four years, each of whom shall be at least thirty years of age at the time of his election, and shall have been a resident citizen of the State at least two years next before his election. The duties of all these officers shall be such as may be prescribed by law, and the Secretary of State shall keep a fair register of and attest all the official acts of the Governor, and shall, when required, lay the same and all papers, minutes and vouchers relative thereto before either House of the General Assembly. The officers named in this section shall enter upon the discharge of their duties the first Monday in January after their election, and shall hold their offices until their successors are elected and qualified.

§92 | QUALIFICATIONS OF ATTORNEY GENERAL

The Attorney-General shall have been a practicing lawyer eight years before his election.

§93 | SUThe Executive DepartmentESSION OF ELECTED CONSTITUTIONAL STATE OFFICERS – DUTIES – INFERIOR OFFICERS AND MEMBERS OF BOARDS AND COMMISSIONS

The Treasurer, Auditor of Public Accounts, Secretary of State, Commissioner of Agriculture, Labor and Statistics, and Attorney General shall be ineligible to reelection for the succeeding four years after the expiration of any second consecutive term for which they shall have been elected. The duties and responsibilities of these officers shall be prescribed by law, and all fees collected by any of said officers shall be covered into the treasury. Inferior State officers and members of boards and commissions, not specifically provided for in this Constitution, may be appointed or elected, in such manner as may be prescribed by law, which may include a requirement of consent by the Senate, for a term not exceeding four years, and until their successors are appointed or elected and qualified.

§94 | (REPEALED 1992)

Catchline at time of repeal:

“Register of Land Office may be abolished.”

§95 | TIME OF ELECTION OF ELECTED CONSTITUTIONAL STATE OFFICERS

The election under this Constitution for Governor, Lieutenant Governor, Treasurer, Auditor of Public Accounts, Attorney General, Secretary of State, and Commissioner of Agriculture, Labor and Statistics, shall be held on the first Tuesday after the first Monday in November, eighteen hundred and ninety-five, and the same day every four years thereafter.

§96 | COMPENSATION OF CONSTITUTIONAL STATE OFFICERS

All officers mentioned in Section 95 shall be paid for their services by salary, and not otherwise.

§97 | COMMONWEALTH’S ATTORNEY AND CIRCUIT COURT CLERK – ELECTION – TERM

In the year two thousand, and every six years thereafter, there shall be an election in each county for a Circuit Court Clerk, and for a Commonwealth’s Attorney, in each circuit court district, unless that office be abolished, who shall hold their respective offices for six years from the first Monday in January after their election, and until the election and qualification of their successors.

§98 | COMPENSATION OF COMMONWEALTH’S ATTORNEY

The compensation of the Commonwealth’s Attorney shall be by salary and such percentage of fines and forfeitures as may be fixed by law, and such salary shall be uniform in so far as the same shall be paid out of the State Treasury, and not to exceed the sum of five hundred dollars per annum; but any county may make additional compensation, to be paid by said county. Should any percentage of fines and forfeitures be allowed by law, it shall not be paid except upon such proportion of fines and forfeitures as have been collected and paid into the State Treasury, and not until so collected and paid.

§99 | COUNTY OFFICERS, JUSTICES OF THE PEACE, AND CONSTABLES – ELECTION – TERM

At the regular election in nineteen hundred and ninety-eight and every four years thereafter, there shall be elected in each county a Judge of the County Court, a County Court Clerk, a County Attorney, Sheriff, Jailer, Coroner, Surveyor and Assessor, and in each Justice’s District one Justice of the Peace and one Constable, who shall enter upon the discharge of the duties of their offices on the first Monday in January after their election, and who shall hold their offices four years until the election and qualification of their successors.

§100 | QUALIFICATIONS OF OFFICERS FOR COUNTIES AND DISTRICTS

No person shall be eligible to the offices mentioned in Sections 97 and 99 who is not at the time of his election twenty-four years of age (except Clerks of County and Circuit Courts, who shall be twenty-one years of age), a citizen of Kentucky, and who has not resided in the State two years, and one year next preceding his election in the county and district in which he is a candidate. No person shall be eligible to the office of Commonwealth’s Attorney unless he shall have been a licensed practicing lawyer four years. No person shall be eligible to the office of County Attorney unless he shall have been a licensed practicing lawyer two years. No person shall be eligible to the office of Clerk unless he shall have procured from a Judge of the Court of Appeals, or a Judge of a Circuit Court, a certificate that he has been examined by the Clerk of his Court under his supervision, and that he is qualified for the office for which he is a candidate.

§101 | QUALIFICATIONS AND JURISDICTION OF CONSTABLES

Constables shall possess the same qualifications as Sheriffs, and their jurisdictions shall be coextensive with the counties in which they reside.

Constables now in office shall continue in office until their successors are elected and qualified.

§102 | OFFICERS FOR NEW COUNTIES

When a new county shall be created, officers for the same, to serve until the next regular election, shall be elected or appointed in such way and at such times as the General Assembly may prescribe.

§103 | BONDS OF COUNTY OFFICERS AND OTHER OFFICERS

The Judges of County Courts, Clerks, Sheriffs, Surveyors, Coroners, Jailers, Constables, and such other officers as the General Assembly may, from time to time, require, shall before they enter upon the duties of their respective offices, and as often thereafter as may be deemed proper, give such bond and security as may be prescribed by law.

§104 | ABOLISHMENT OF OFFICE OF ASSESSOR – ASSESSOR MAY NOT SUThe Executive DepartmentEED HIMSELF

The General Assembly may abolish the office of Assessor and provide that the assessment of property shall be made by other officers; but it shall have power to reestablish the office of Assessor and prescribe his duties. No person shall be eligible to the office of Assessor two consecutive terms.

§105 | CONSOLIDATION OF OFFICES OF SHERIFF AND JAILER

The General Assembly may, at any time, consolidate the offices of Jailer and Sheriff in any county or counties, as it shall deem most expedient; but in the event such consolidation be made, the office of Sheriff shall be retained, and the Sheriff shall be required to perform the duties of Jailer.

§106 | FEES OF COUNTY OFFICERS – FEES IN COUNTIES HAVING SEVENTY-FIVE THOUSAND POPULATION OR MORE

The fees of county officers shall be regulated by law. In counties or cities having a population of seventy-five thousand or more, the Clerks of the respective Courts thereof (except the Clerk of the City Court), the Marshals, the Sheriffs and the Jailers, shall be paid out of the State Treasury, by salary to be fixed by law, the salaries of said officers and of their deputies and necessary office expenses not to exceed seventy-five per centum of the fees collected by said officers, respectively, and paid into the Treasury.

§107 | ADDITIONAL COUNTY OR DISTRICT OFFICES MAY BE CREATED

The General Assembly may provide for the election or appointment, for a term not exceeding four years, of such other county or district ministerial and executive officers as may, from time to time, be necessary.

§108 | ABOLISHMENT OF OFFICE OF COMMONWEALTH’S ATTORNEY

The General Assembly may, at any time after the expiration of six years from the adoption of this Constitution, abolish the office of Commonwealth’s Attorney, to take effect upon the expiration of the term of the incumbents, in which event the duties of said office shall be discharged by the County Attorneys.

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Text as Ratified on:	Aug. 3, 1891, and revised Sept. 28, 1891.
History:	Not yet amended.

Text as Ratified on:	Nov. 3, 1992.
History:	1992 amendment was proposed by 1992 Ky. Acts ch. 168, sec. 1; original version ratified Aug. 3, 1891, and revised Sept. 28, 1891.

Text as Ratified on:	Nov. 3, 1992.
History:	1992 amendment was proposed by 1992 Ky. Acts ch. 168, sec. 1; original version ratified Aug. 3, 1891, and revised Sept. 28, 1891.

Text as Ratified on:	Nov. 3, 1992.
History:	1992 amendment was proposed by 1992 Ky. Acts ch. 168, sec. 1; original version ratified Aug. 3, 1891, and revised Sept. 28, 1891.

KENTUCKY CONSTITUTIONARTICLE VITHE EXECUTIVE DEPARTMENT

§69 | EXECUTIVE POWER VESTED IN GOVERNOR

§70 | ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR – TERM – TIE VOTE

§71 | GUBERNATORIAL SUThe Executive DepartmentESSION

§72 | QUALIFICATIONS OF GOVERNOR AND LIEUTENANT GOVERNOR – DUTIES OF LIEUTENANT GOVERNOR

§73 | WHEN TERMS OF GOVERNOR AND LIEUTENANT GOVERNOR BEGIN

§74 | COMPENSATION OF GOVERNOR AND LIEUTENANT GOVERNOR

§75 | GOVERNOR IS COMMANDER-IN-CHIEF OF ARMY, NAVY AND MILITIA

§76 | POWER OF GOVERNOR TO FILL VACANCIES

§77 | POWER OF GOVERNOR TO REMIT FINES AND FORFEITURES, GRANT REPRIEVES AND PARDONS – NO POWER TO REMIT FEES

§78 | GOVERNOR MAY REQUIRE INFORMATION FROM STATE OFFICERS

§79 | REPORTS AND RECOMMENDATIONS TO GENERAL ASSEMBLY

§80 | GOVERNOR MAY CALL EXTRAORDINARY SESSION OF GENERAL ASSEMBLY, ADJOURN GENERAL ASSEMBLY

§81 | GOVERNOR TO ENFORCE LAWS

§82 | SUThe Executive DepartmentESSION OF LIEUTENANT GOVERNOR

§83 | (REPEALED 1992)

§84 | WHEN LIEUTENANT GOVERNOR TO ACT AS GOVERNOR – PRESIDENT OF THE SENATE NOT TO PRESIDE AT IMPEACHMENT OF GOVERNOR – CERTIFICATION OF DISABILITY OF GOVERNOR

§85 | PRESIDENT OF SENATE – ELECTION – POWERS

§86 | COMPENSATION OF PRESIDENT OF THE SENATE

§87 | WHO TO ACT AS GOVERNOR IN ABSENCE OF LIEUTENANT GOVERNOR AND PRESIDENT OF THE SENATE

§88 | SIGNATURE OF BILLS BY GOVERNOR – VETO – PASSAGE OVER VETO – PARTIAL VETO

§89 | CONCURRENT ORDERS AND RESOLUTIONS ON SAME FOOTING AS BILL

§90 | CONTEST OF ELECTION FOR GOVERNOR OR LIEUTENANT GOVERNOR

§91 | CONSTITUTIONAL STATE OFFICERS – ELECTION – QUALIFICATION – TERM OF OFFICE – DUTIES – SECRETARY OF STATE TO RECORD ACTS OF GOVERNOR AND REPORT THEM TO GENERAL ASSEMBLY

§92 | QUALIFICATIONS OF ATTORNEY GENERAL

§93 | SUThe Executive DepartmentESSION OF ELECTED CONSTITUTIONAL STATE OFFICERS – DUTIES – INFERIOR OFFICERS AND MEMBERS OF BOARDS AND COMMISSIONS

§94 | (REPEALED 1992)

§95 | TIME OF ELECTION OF ELECTED CONSTITUTIONAL STATE OFFICERS

§96 | COMPENSATION OF CONSTITUTIONAL STATE OFFICERS

§97 | COMMONWEALTH’S ATTORNEY AND CIRCUIT COURT CLERK – ELECTION – TERM

§98 | COMPENSATION OF COMMONWEALTH’S ATTORNEY

§99 | COUNTY OFFICERS, JUSTICES OF THE PEACE, AND CONSTABLES – ELECTION – TERM

§100 | QUALIFICATIONS OF OFFICERS FOR COUNTIES AND DISTRICTS

§101 | QUALIFICATIONS AND JURISDICTION OF CONSTABLES

§102 | OFFICERS FOR NEW COUNTIES

§103 | BONDS OF COUNTY OFFICERS AND OTHER OFFICERS

§104 | ABOLISHMENT OF OFFICE OF ASSESSOR – ASSESSOR MAY NOT SUThe Executive DepartmentEED HIMSELF

§105 | CONSOLIDATION OF OFFICES OF SHERIFF AND JAILER

§106 | FEES OF COUNTY OFFICERS – FEES IN COUNTIES HAVING SEVENTY-FIVE THOUSAND POPULATION OR MORE

§107 | ADDITIONAL COUNTY OR DISTRICT OFFICES MAY BE CREATED

§108 | ABOLISHMENT OF OFFICE OF COMMONWEALTH’S ATTORNEY

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