2013 Kentucky Revised Statutes CHAPTER 118A - ELECTION OF JUDGES 118A.060 Petition for nomination -- Examination of petition -- Form and order of names on ballot -- Secretary of State's duties -- Ballot position unalterable -- Certification of nomination.
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118A.060 Petition for nomination -- Examination of petition -- Form and order
of names on ballot -- Secretary of State's duties -- Ballot position
unalterable -- Certification of nomination.
(1)
(2)
(3)
(4)
(5)
(6)
Except as provided in KRS 118A.100, no person's name shall appear on a
ballot label or absentee ballot for an office of the Court of Justice without first
having been nominated as provided in this section.
Each candidate for nomination shall file a petition for nomination with the
Secretary of State not earlier than the first Wednesday after the first Monday in
November of the year preceding the year in which the office will appear on the
ballot and not later than the last Tuesday in January preceding the day fixed by
law for holding the primary election for the office. The petition shall be sworn to
before an officer authorized to administer an oath by the candidate and by not
less than two (2) registered voters from the district or circuit from which he or
she seeks nomination. Signatures for nomination papers shall not be affixed on
the document to be filed prior to the first Wednesday after the first Monday in
November of the year preceding the year in which the office will appear on the
ballot. The petition shall be filed no later than 4 p.m. local time at the place of
filing when filed on the last date on which the papers are permitted to be filed.
The petition for nomination shall be in the form prescribed by the State Board
of Elections. The petition shall include a declaration sworn to by the candidate,
that he or she possesses all the constitutional and statutory requirements of
the office for which the candidate has filed. Titles, ranks, or spurious phrases
shall not be accepted on the petition and shall not be printed on the ballots as
part of the candidate's name; however, nicknames, initials, and contractions of
given names may be acceptable as the candidate's name.
The Secretary of State shall examine the petition of each candidate to
determine whether it is regular on its face. If there is an error, the Secretary of
State shall notify the candidate by certified mail within twenty-four (24) hours of
filing. The order of names on the ballot for each district or circuit, and
numbered division thereof if divisions exist, shall be determined by lot at a
public drawing to be held in the office of the Secretary of State at 2 p.m.,
standard time, on the Thursday following the last Tuesday in January
preceding the primary election.
Not later than the date set forth in KRS 118.215(1)(a) preceding the primary
election, and after the order of names on the ballot has been determined as
required in subsection (4) of this section, the Secretary of State shall:
(a) Certify to the county clerks of the respective counties entitled to
participate in the election of the various candidates, the name and place
of residence of each candidate for each office, by district or circuit, and
numbered division thereof if divisions exist, as specified in the petitions for
nomination filed with him; and
(b) Designate for the county clerks the office of the Court of Justice with
which the names of candidates shall be printed and the order in which
they are to appear on the ballot.
The ballot position of a candidate shall not be changed after the ballot position
has been designated by the Secretary of State.
(7)
The county clerks of each county shall cause to be printed on the ballot labels
for the voting machines and on the special ballots for the primary the names of
the candidates for offices in the Court of Justice.
(8) The names of the candidates shall be placed on the voting machine in a
separate column or columns or in a separate line or lines and identified by the
words "Judicial Ballot." The words "Vote for one," or "Vote for one in each
division," shall be printed on the ballot in an appropriate location. The office,
numbered division thereof if divisions exist, and the candidates therefor shall
be clearly labeled. No party designation or emblem of any kind, nor any sign
indicating any candidate's political belief or party affiliation, shall be used on
voting machines or special ballots.
(9) The two (2) candidates receiving the highest number of votes for nomination
for justice or judge of a district or circuit, or numbered division thereof if
divisions exist, shall be nominated. Certificates of nomination shall be issued
as provided in KRS 118A.190.
(10) If it appears after expiration of the time for filing petitions for nomination that
there are not more than two (2) candidates who have filed the necessary
petitions for a place on the ballot in the regular election, no drawing for ballot
position shall be held and the Secretary of State shall immediately issue and
file in the Secretary's office certificates of nomination, and send copies to the
candidates.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 79, sec. 15, effective July 15, 2008. -Amended 2000 Ky. Acts ch. 275, sec. 3, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 2, sec. 10, effective July 15, 1998. -- Amended 1992 Ky. Acts
ch. 296, sec. 18, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48,
sec. 60, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 238, sec. 3,
effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 470, sec. 37, effective
July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 25, effective July 13,
1984. -- Amended 1982 Ky. Acts ch. 394, sec. 33, effective July 15, 1982. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 11. -- Created 1976 Ky.
Acts ch. 54, sec. 6, effective March 10, 1976.
Legislative Research Commission Note (7/15/2008). The Reviser of Statutes has
corrected a manifest clerical or typographical error in the way this statute was
amended in 2008 Ky. Acts ch. 79, sec. 15. In that Act, subsection (3) of this
statute was inadvertently deleted and subsection (2) of this statute was
inadvertently repeated, then amended. This change has been made under the
authority of KRS 7.136(1)(h).
Legislative Research Commission Note (1/13/93). Pursuant to KRS 7.136(1)(e),
the prior reference to KRS 118A.110 which appeared in subsection (1) of this
statute has been deleted because of the repeal of KRS 118A.110 by 1992 Ky.
Acts ch. 454, sec. 2, effective July 14, 1992.
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