¶1concurring:
¶2I concur in the result reached by the majority. I would hold, however, that KRS 95.440(2) effective as of July 15, 1980 is constitutionally impermissible as there is no rational or reasonable basis for the “qualified voter” requirement nor is there any compelling state interest for such a requirement. Therefore, KRS 15.335 as enacted in 1968 is still effective and applies here.