Fayette election officials say they can’t remove school board chair from ballot

Fayette County Clerk Susan Lamb said she’s not able to remove Fayette County Board of Education Chair Tyler Murphy from his upcoming school board race in November, even though a new law makes him ineligible.

Murphy filed for reelection April 14 at Lamb’s office, which oversees election candidate filings. Hours later, the General Assembly passed a new law that makes Murphy ineligible from holding school board office again. However, Lamb says that because Murphy filed to run before the law was passed and the process to file was not any different, she can’t remove him from the ballot.

“When a candidate files their paper in the Fayette County Clerk’s Office to run for office, we take their application at face value,” Lamb told the Herald-Leader after consulting with the Fayette County Attorney’s office.

If someone wants Murphy taken off the ballot, they’ll have to take it to court, Lamb said.

“If someone wants to challenge a candidate being placed on the ballot, per KRS 118.176 the candidate may be questioned by any qualified voter entitled to vote for the candidate or by an opposing candidate proceedings consisting of a motion before the Circuit Court of the judicial circuit in which the candidate in question resides,” Lamb said.

Why did lawmakers seek to make Murphy ineligible for office?

Lawmakers have criticized Murphy’s handling of the district’s ongoing budget problems, and the passage of Senate Bill 4, which disqualifies him, was preceded by other efforts to remove him from his seat. A petition to remove Murphy from office appeared to be dead at the end of this year’s legislative session, but it was referred to a new committee at the last minute.

SB 4 says a person cannot serve on the school board of a large school district — which applies to Fayette and Jefferson counties —if they work more than 100 hours per year in another Kentucky public school district.

Murphy is a Boyle County school teacher.

Murphy didn’t immediately respond to request for comment Thursday, but has repeatedly said in the past that SB 4 raises constitutional questions.

Gov. Andy Beshear vetoed the bill when it was passed by the legislature and called it bad policy, but the state House and Senate overrode his veto to enact the policy. It took immediate effect.

“As the Governor indicated in his veto message, there are serious constitutional problems with this new law,” Murphy said previously. “I am hopeful that there are remedies that will confirm that. My focus remains on supporting our students and serving the people of Fayette County who elected me.”

The bill’s sponsor, Stephen West, R-Paris, said under the law, Murphy could finish his term which ends this year but wouldn’t be able to serve afterward.

In one effort separate to the new law making him ineligible to serve, a petition to remove him from office is currently in the hands of a Kentucky General Assembly committee.

Murphy is opposed for the school board’s second district seat by R.J. Hijalda, a swim coach and coffee shop lead. The seat will be on voters’ ballots during the November general election.

This is a developing story and may be updated.