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BOWEN v. COM. EX REL. STIDHAM

No. 94-SC-173-TG.

887 S.W.2d 350 (1994)

Sherry BOWEN, Appellant, v. COMMONWEALTH of Kentucky, ex rel. Michael A. STIDHAM, Commonwealth's Attorney, Appellee.

Supreme Court of Kentucky.

October 27, 1994.

Attorney(s) appearing for the Case

Charles R. Coy, Richmond, for appellant.

Chris Gorman, Atty. Gen., Frankfort, Richard L. Fain, Stanton, Michael A. Stidham, Commonwealth Atty., Jackson, for appellee.

STEPHENS, Chief Justice.

The issue we decide in this appeal is whether Kentucky Constitution, Sec. 103, KRS 62.050 and KRS 62.055, all of which state that a county clerk, before taking office shall post bond, are mandatory in nature. To state it another way, is "substantial compliance" with these provisions sufficient? We believe that the word "shall" means just that and that the elective clerk must post the required bond before assuming the duties of...

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