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| Re: Kentucky County Clerk (1312303) | |||
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Re: Kentucky County Clerk |
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Posted by Dave on Sat Sep 5 14:18:11 2015, in response to Re: Kentucky County Clerk, posted by Spider-Pig on Sat Sep 5 13:50:34 2015. Only with the permission of the clerk.County clerks are required to use a proscribed form for issuing a marriage license. A marriage license includes an authorization statement of the county clerk issuing the license and the date and place the license is issued, and the signature of the county clerk or deputy clerk issuing the license. KY. REV.STAT. § 402.100(1). This form includes a “marriage certificate” that includes “[a] signed statement by the county clerk or a deputy county clerk of the county in which the marriage license was issued that the marriage license was recorded.” KY. REV.STAT. § 402.100(2). Upon solemnization, the form is to be returned to the county clerk’s office and “shall provide” certain “information as recorded on the license authorizing the marriage,” including the “the name of the county clerk under whose authority the license was issued, and the county in which the license was issued.” KY. REV.STAT. § 402.100(3). If the clerk does not authorize the deputy clerk to issue the license, then they can't legally issue it. Now the question becomes, does the clerk's authority end when he/she violates the law by not issuing the license? I would argue that with Davis in jail she is not available, and under state law the county executive can then issue the license. |
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