Petition Committee ex rel. Belhasen v. Board of Education of Johnson County

509 S.W.3d 58, 2016 Ky. App. LEXIS 109, 2016 WL 3465511
CourtCourt of Appeals of Kentucky
DecidedJune 24, 2016
DocketNO. 2015-CA-000449-MR
StatusPublished
Cited by4 cases

This text of 509 S.W.3d 58 (Petition Committee ex rel. Belhasen v. Board of Education of Johnson County) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petition Committee ex rel. Belhasen v. Board of Education of Johnson County, 509 S.W.3d 58, 2016 Ky. App. LEXIS 109, 2016 WL 3465511 (Ky. Ct. App. 2016).

Opinion

OPINION AND ORDER

THOMPSON, JUDGE:

This appeal was filed by and through a majority of the members of a voter recall petition committee, Loretta Belhasen, Todd Meade, and Janice Hammond and by Belhasen, Meade and Hammond individually and as qualified voters of Johnson County (the petitioners). The Johnson Circuit Court granted summary judgment to the Board of Education of Johnson County declaring that the Johnson County Clerk erred in certifying a tax recall petition challenging the Board’s vote to in[61]*61crease the Johnson County School District’s tax rate.

The circuit court found the petition contained only 155 valid signatures; the affidavit of the tax recall petition committee failed to expressly list an address for future service on the committee; and the Johnson County Clerk failed to publish notice of the tax recall in a newspaper of general circulation in Johnson County. The primary issue presented is whether substantial compliance with the statutory procedures to qualify a board of education’s tax levy for the ballot by recall vote is sufficient.

The parties do not dispute that Kentucky Revised Statutes (KRS) 132.017 and KRS 160.597 set forth the requirements to qualify a board of education’s tax levy for the ballot by recall vote. The process is commenced when five qualified voters residing in the school district levying the tax file an affidavit with the county clerk stating they constitute the petition committee and will be responsible for circulating the petition and for its filing. KRS 132.017(2)(b) and KRS 160.597(l)(b). The affidavit “shall state their names and addresses and specify the address to which all notices to the committee are to be sent.” Id. KRS 132.017(2)(b)(2) and KRS 160.597(l)(b)(2) provide that the clerk shall:

At the time of the filing of the affidavit, notify the petition committee that the clerk will publish a notice identifying the tax levy being challenged and providing the names and addresses of the petition committee in a newspaper of general circulation within the county, if such publication exists, if the petition committee remits an amount equal to the cost of publishing the notice determined in accordance with the provisions of KRS 424.160 at the time of the filing of the affidavit. If the petition committee elects to have the notice published, the clerk shall publish the notice within five (5) days of receipt of the affidavit!.] [Emphasis added].

KRS 424.160, referenced within the statutes above, establishes the requirements for newspaper advertisements required by law.

In addition to addressing the contents and publication of the affidavit, both statutes set forth the requirements for the petition that must be filed within the same forty-five day time frame. KRS 132.017(2)(c) and KRS 160,597(l)(c) provide in part:

Each sheet of the petition shall contain the names of voters from one (1) voting precinct only, and shall include the name, number and designation of the precinct in which the voters signing the petition live. The inclusion of an invalid signature on a page shall not invalidate the entire page of the petition, but shall instead result in the invalid signature being stricken and not counted. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name, street address, and Social Security number or birthdate of the person signing.

To place the issue on the ballot, the petition “shall be signed by a number of registered and qualified voters residing” in the school district equal to at least ten percent of the total votes cast in the last preceding presidential election. Id.

The parties are also in agreement regarding the facts. The Johnson County School District consists of five districts encompassing all or part of twenty-eight voting precincts. Prior to September 22, 2014, the compensating tax rate in the District was 38.1 cents per $100 of assessed property value. At a duly called regular meeting held on September 22, 2014, the Board voted to increase the Dis[62]*62trict’s tax rate to 45.3 cents per $100 of assessed property value. Pursuant to KRS 160.470, the portion of the tax increase exceeding four percent of the compensating tax rate was subject to recall.

On October 14, 2014, Belhasen, Meade, Hammond and two other Johnson County citizens, formed a petition committee and filed with the Johnson County Clerk an “Affidavit of Tax Recall Petition Committee.” On November 6, 2014, the commits tee filed a recall petition containing 1,808 signatures with the Johnson County Clerk. To satisfy the statute’s requirement of ten percent of the number of votes cast in the last presidential election, 771 valid signatures were required.

In an affidavit, Johnson County Clerk Sallee Conley Holbrook described the procedure she followed to certify the petition. Upon receiving the recall petition, Hol-brook printed a full registration sheet from the Kentucky Board of Elections listing all Johnson County voters and cross-referenced the signatures with the names on the voter registration sheets. She also determined whether signatures were invalid because they were not legible or did not include a date of birth or social security number. Holbrook counted names that appeared multiple times in the petition only one time.

Holbrook verified 1,347 of the signatures and certified that the petition met the statutory requirements for the recall. Holbrook stated that she did not strike any signatures based on the failure, to identify the voter’s precinct because she was able to determine the precinct from the voter registration sheet based on date of birth or social security number. Hol-brook did not publish the notice of affidavit because she believed the statute made it optional and the petition committee chose to forego publication. However, the petition committee’s effort to seek the tax recall was the subject of various local news articles.

On December 5, 2013, the Board filed a declaratory judgment action in the Johnson Circuit Court challenging the certification of the tax recall petition. The Board named Holbrook in her capacity as Johnson County Clerk as the only respondent.

On December 15, 2014, Holbrook filed a motion to join the “Committed Members of the Petition” as parties. On December 30, 2014, the five members of the petition committee, including Belhasen, Meade, and Hammond, and Darrell Preston1 moved to intervene in the matter.

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Bluebook (online)
509 S.W.3d 58, 2016 Ky. App. LEXIS 109, 2016 WL 3465511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petition-committee-ex-rel-belhasen-v-board-of-education-of-johnson-county-kyctapp-2016.