The KY Constitution does have two "incompatible offices" provisions, but it is unclear whether these provisions directly prohibit a state senator from simultaneously holding office in two state senate districts. One provision prohibits a member of Congress or federal officer from holding a state office; the other seems to prohibit a state official from holding municipal or local offices.  There is, however, KY Supreme Court law holding that these two sections do not "purport to create or embrace all cases of incompatibility in office."  A statute exists that does address incomparability, but it is not a general prohibition and the offices that it lists as incompatible do not include two senate districts.

There is another, potentially problematic (at least in this case) body of law, holding that legislative redistricting cannot deprive a sitting member of his or her seat - the office-holder is entitled to serve the regular term to which they were elected in the district number to which they were elected.  Finally, there is an additional state constitutional provision stating that the acceptance of an incompatible office operates to vacate the candidates election to the first office.

The Republicans currently have a two seat majority in the State Senate. The Senate President has said that he will not seat Sen. Mongiardo (a Democrat) if Mongiardo in fact wins his second, 'new' district.  In addition to the AG's opinion already mentioned on this list, the majority leader also has cited yet another constitutional provision stating that "the number of Representatives shall be one hundred, and the number of Senators thirty-eight."

I've attached a link to a column from a local paper that discusses these issues.

http://www.kentucky.com/mld/heraldleader/2002/09/30/news/opinion/4168686.htm

At 08:44 AM 11/5/2002 +1000, Graeme Orr wrote:

Re the post about a State Senator on course to be elected to 2 districts,
Ecclesiastes may be right.

Members have been returned for 2 constituencies in Westminster, including
at the 1910 election.   Formally, one of the first things the Commons does
each session is to deal with any such cases - standing orders require the
member to elect which seat he'll serve, subject to any outstanding
challenge in either seat, which occurred in 1910.  (Erskine May has a page
on this, pp 34-5 of current ed).

Do UKers on the list know of other examples?  Hard to imagine it is a
contemporary issue.

Lori Ringhand
Assistant Professor of Law
University of Kentucky College of Law
Lexington,  KY  40506
USA