Two petitions to allow alcohol by the drink were submitted to the Russell County Clerk the first week in September, this week the county attorney has weighed in on the topic.

Citing a request by the county judge to look into the matter County Attorney Mark McGaha said he considered only the petition for a vote in the city of Jamestown possibly valid.

The other, he's said was not allowed by the Kentucky Statutes that established the wet-dry voting process.

Proponents of the vote have said that the precinct vote was allowed under case-law decisions in the past because that precinct had a majority wet vote in the last election and because of that was allowed to petition independently.

McGaha said he was aware of no such case law, and the people he'd spoken with in Frankfort shared his opinion.

Late Tuesday McGaha said, "I'll be filing with the Circuit Judge to ask for a declaratory judgment. I'll ask the judge to clarify whether an election should be held for the Lake Precinct."

The petitions submitted were to allow the sale of alcoholic beverages only at restaurants that seat 100 or more people and those businesses must derive at least 70 percent of their income from the sale of food.

As to the petitions themselves the signatures are in order.

"If they're doing it by county they have enough signatures. If they're doing it by city they have enough signatures," said County Clerk Lisha Popplewell. "I've certified the signatures are from registered voters."