Kentucky’s constitutional officers are asking the state’s highest court to reconsider a case that clarified Democratic Gov. Andy Beshear’s appointment power over the State Fair Board.
An opinion released in late June from the Kentucky Supreme Court said a 2021 law passed by the GOP-controlled General Assembly that attempted to shift control of the State Fair Board from the governor, a Democrat, to the agriculture commissioner, who is now Republican Jonathan Shell, was unconstitutional.
Following that ruling, in early July, the board ousted David Beck as president and CEO of Kentucky Venues, which oversees the state fair.
Now, Attorney General Russell Coleman, Agriculture Commissioner Jonathan Shell, Auditor Allison Ball, Treasurer Mark Metcalf and Secretary of State Michael Adams – all Republicans – are asking the Kentucky Supreme Court to rehear their arguments.
The officers are also asking the high court to reconsider an unconstitutional finding on a 2022 law giving other executive branch officials appointment power over the Executive Branch Ethics Commission.
After Supreme Court decision, Beshear’s Kentucky State Fair Board removes CEO
Coleman said in a Wednesday statement that the constitutional officers “don’t work for Governor Beshear, and the State Fair Board and the Ethics Commission will operate more effectively out from under his thumb.”
“Kentucky’s Constitution is clear, the powers of the executive branch are divided between the governor, and the Commonwealth’s other statewide elected officers,” Coleman said.
Adams, who is considering a run for governor, said Beshear “showed he always puts partisan politics first and cannot be trusted with the expanded power the Court sought to give him.”
Scottie Ellis, a spokesperson for Beshear, said in a statement that “the Agriculture Commissioner and his appointments have run an unconstitutional board for five years during which they paid David Beck over $1.5 million in taxpayer dollars, as well as bonuses and vehicles.”
“We have already found concerning information involving absence of leadership and poor oversight resulting in fiscal liability for the state,” Ellis said. “They are now fighting to continue this unconstitutional mismanagement, while we’re working to rebuild in line with the Supreme Court’s recent decision, so it may continue to function.”
Read the filing here. The 2026 state fair is August 20-30.
