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Delaware Code Title 15. Elections § 5708. Tie vote; certificate

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If, by reason of an equal number of votes having been cast for 2 or more persons for the office of Senator or Representative in the General Assembly, clerk of the peace, register of wills, recorder, levy court commissioner, receiver of taxes and county treasurer, sheriff, county executive or county council member, it appears to the Court that a vacancy will occur in the office, a certificate of such fact shall thereupon be made under the hands of the Court, and under its seal, which certificate shall be transmitted by the Court to the Governor, and such certificate shall be delivered as provided in § 5709 of this title.

(1)  It shall be the duty of the cabinet to carry out the provisions of KRS 186.005 to 186.260, and:

(a) Prepare and furnish to the clerk in each county a sufficient supply of all forms and blanks provided for in KRS 186.005 to 186.260.  The forms for receipts shall be designated for the writing of not less than triplicate copies, the originals of which shall be numbered consecutively for each county, the second and third copies bearing the same number as the original.  Receipts to be used as duplicates for lost receipts, as provided in KRS 186.180(1), shall be in duplicate only, and shall not be numbered;

(b) Keep a numerical record of all registration numbers issued in the state, for which they may use the second copy of receipts forwarded by the clerk of each county, and also keep a record of motor or vehicle identification numbers required by KRS 186.160;  and

(c) Furnish to each clerk, originally each year upon estimate, and thereafter upon requisition at all times, a sufficient supply of plates and other insignia evidencing registration for all classes of vehicles required to be registered.  The cabinet shall prescribe a plate of practical form and size for police identification purposes that shall contain:

1. The registration number;

2. The word “Kentucky;”  and

3. The name of the county in which the plate is issued, or in lieu thereof the words “Official,” “Transportation,” “Executive,” or “Farm.”  Plates for commercial vehicles, shall contain the year the license expires and words or information the Department of Vehicle Regulation may prescribe by administrative regulation, pursuant to KRS Chapter 13A.  Numerals indicating a year shall not be placed upon any license plate issued pursuant to KRS 186.060, relating to the licensing of vehicles owned exclusively by the state and KRS 186.061, relating to the licensing of vehicles owned exclusively by a nonprofit volunteer fire department, volunteer fire prevention unit, and volunteer fire protection unit.  A state slogan may be placed upon the plate.

(2)  License plates issued pursuant to KRS 186.050(1) shall conform to the provisions of subsection (1)(c) of this section except:

(a) The word “Kentucky” shall be centered above the county name in which the plate is issued;

(b) The words “Bluegrass State” shall be centered at the top of the plate above the registration number;  and

(c) The name of the county in which the plate is issued shall be centered in the lower portion of the plate below the registration number and shall be printed in letters that are the same size as those used to print the word “Kentucky.”  Beginning January 1, 1993, the Transportation Cabinet shall provide for the issuance of reflectorized plates for all motor vehicles, and shall collect a fee, in addition to the fee set out in KRS Chapter 186 and KRS 281.631, of fifty cents ($0.50).  The fifty cents ($0.50) fee to reflectorize license plates shall be used by the cabinet as provided in subsection (3) of this section;

(3)  The reflectorized license plate program fund is established in the state road fund and appropriated on a continual basis to the cabinet to administer the moneys as provided in this subsection.  The fifty cents ($0.50) fee collected by the cabinet to reflectorize license plates shall be deposited into the program fund and used to issue reflectorized license plates.  If at the end of a fiscal year, money remains in the program fund, it shall be retained in the fund and shall not revert to the state road fund.  The interest and income earned on money in the program fund shall also be retained in the program fund to carry out the provisions of this subsection.  The Transportation Cabinet shall begin issuing the new reflectorized license plate under the provisions of this subsection on January 1, 2003, and shall continue to issue a new reflectorized license plate on a schedule to be determined at the discretion of the cabinet in the years thereafter;

(4)  Except as directed under subsection (3) of this section, the Transportation Cabinet shall receive all moneys forwarded by the clerk in each county and turn it over to the State Treasurer for the benefit of the state road fund;

(5)  The Transportation Cabinet shall require an accounting by the clerk in each county for any moneys received by him under the provisions of this chapter, after the deduction of his fees under this chapter, and for all receipts, forms, plates, and insignia consigned to him.  The Auditor of Public Accounts, pursuant to KRS 43.071, shall annually audit each county clerk concerning his responsibilities for the collection of various fees and taxes associated with motor vehicles.  The secretary of the Transportation Cabinet, with the advice, consultation, and approval of the Auditor, shall develop and implement an inventory and accounting system which shall insure that the audits mandated in KRS 43.071 are performed in accordance with generally accepted auditing standards.  The Transportation Cabinet shall pay for the audits mandated by KRS 43.071;  and

(6)  When applied for under KRS 186.160, motor or vehicle numbers assigned shall be distinctive to show that they were designated by the cabinet.

Cite this article: - Delaware Code Title 15. Elections § 5708. Tie vote; certificate - last updated January 01, 2022 |

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