2012 Kentucky Revised Statutes
CHAPTER 118 CONDUCT OF ELECTIONS
118.215 Certification of candidates or slates by Secretary of State -- Order of listing county offices -- Use of supplemental paper ballots -- Approval of State Board of Elections -- Ballot position unalterable.
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118.215 Certification of candidates or slates by Secretary of State -- Order of
listing county offices -- Use of supplemental paper ballots -- Approval of State
Board of Elections -- Ballot position unalterable.
After the order of the names has been determined as provided in KRS 118.225, the
Secretary of State shall certify, to the county clerks of the respective counties
entitled to participate in the nomination or election of the respective candidates, the
name, place of residence, and party of each candidate or slate of candidates for each
office, as specified in the nomination papers or certificates and petitions of
nomination filed with him, and shall designate the device with which the candidate
groups, slates of candidates, or lists of candidates of each party shall be printed, in
the order in which they are to appear on the ballot, with precedence to be given to
the party that polled the highest number of votes at the preceding election for
presidential electors, followed by the political party which received the second
highest number of votes, with the order of any other political parties and
independents to be determined by lot. Candidates for county offices and local state
offices shall be listed in the following order: Commonwealth's attorney, circuit
clerk, property valuation administrator, county judge/executive, county attorney,
county clerk, sheriff, jailer, county commissioner, coroner, justice of the peace, and
constable. The names of candidates for President and Vice President shall be
certified in lieu of certifying the names of the candidates for presidential electors.
The names shall be certified as follows:
(a) Not later than the second Monday after the filing deadline for the primary;
(b) Not later than the second Monday after the filing deadline for the general
election, except as provided in paragraph (c) of this subsection; and
(c) Not later than the Monday after the Friday following the first Tuesday in
September preceding a general election, for those years in which there is an
election for President and Vice President of the United States.
Except as otherwise provided in subsection (3) of this section, all independent
candidates or slates of candidates whose nominating petitions are filed with the
county clerk or the Secretary of State shall be listed under the title and device
designated by them as provided in KRS 118.315, or if none is designated, under the
word "independent," and shall be placed on the ballot in a separate column or
columns or in a separate line or lines according to the office which they seek. The
order in which independent candidates or slates of candidates shall appear on the
ballot shall be determined by lot by the county clerk. If the same device is selected
by two (2) groups of petitioners, it shall be given to the first selecting it and the
county clerk shall permit the other group to select a suitable device. This section
shall not apply to candidates for municipal offices which come under subsection (3)
of this section.
The ballots used at any election in which city officers are to be elected as provided
in subsection (2) of this section shall contain the names of candidates for the city
offices grouped according to the offices they seek, and the candidates shall be
immediately arranged with and designated by the title of office they seek. The order
in which the names of the candidates for each office are to be printed on the ballot
shall be determined by lot. Each group of candidates for each separate office for
which the candidates are to be elected shall be clearly separated from other groups
on the ballot and spaced to avoid confusion on the part of the voter.
The Secretary of State shall not knowingly certify to the county clerk of any county
the name of any candidate or slate of candidates who has not filed the required
nomination papers, nor knowingly fail to certify the name of any candidate or slate
of candidates who has filed the required nomination papers.
If the county clerk determines that the number of certified candidates or slates of
candidates cannot be placed on a ballot which can be accommodated by the voting
machines currently in use by the county, he shall so notify the State Board of
Elections not later than the last Tuesday in February preceding the primary or the
last Tuesday in August preceding the general election. The State Board of Elections
shall meet within five (5) days of the notice, review the ballot conditions, and
determine whether supplemental paper ballots are necessary for the election. Upon
approval of the State Board of Elections, supplemental paper ballots may be used
for nonpartisan candidates or slates of candidates for an office or offices and public
questions submitted for a yes or no vote. All candidates or slates of candidates for
any particular office shall be placed either on the machine ballot or on the paper
ballot. Supplemental paper ballots may also be used to conduct the voting, in the
instance of a small precinct as provided in KRS 117.066.
The ballot position of a candidate or slate of candidates shall not be changed after
the ballot position has been designated by the county clerk.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 129, sec. 8, effective July 15, 2008. -- Amended
2007 Ky. Acts ch. 133, sec. 2, effective April 5, 2007. -- Amended 2002 Ky. Acts
ch. 129, sec. 4, effective April 2, 2002. -- Amended 1996 Ky. Acts ch. 195, sec. 14,
effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 288, sec. 39, effective July
14, 1992; and ch. 296, sec. 9, effective July 14,1992. -- Amended 1990 Ky. Acts
ch. 48, sec. 42, effective July 13, 1990; and ch. 169, sec. 7, effective July 13, 1990. -Amended 1986 Ky. Acts ch. 470, sec. 25, effective July 15, 1986. -- Amended 1984
ch. 185, sec. 13, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 21,
effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) ch. 1, sec. 2, effective
March 19, 1977. -- Amended 1976 Ky. Acts ch. 199, sec. 2, effective June 19, 1976;
and ch. 247, sec. 9, effective June 19 1976. -- Created 1974 Ky. Acts ch. 130,
sec. 111, effective June 21, 1974.
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