2013 Kentucky Revised Statutes CHAPTER 118A - ELECTION OF JUDGES 118A.100 Filling vacancy for unexpired term -- Filling nomination when nominees unavailable -- Ineligibility of Senior Status Special Judge.
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118A.100 Filling vacancy for unexpired term -- Filling nomination when
nominees unavailable -- Ineligibility of Senior Status Special Judge.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Candidates for an unexpired term of a judicial office to be filled at a regular
election shall be nominated at the primary next preceding the regular election
in the manner prescribed in KRS 118A.060 if the vacancy occurs not later than
the second Tuesday in January preceding the primary. If the vacancy occurs
on or after that date, the election to fill the unexpired term shall be held in
accordance with the procedures described in this section and Section 152 of
the Constitution of Kentucky.
If in a regular election for judicial office no candidates nominated as provided in
KRS 118A.060 are available due to death, incapacity, or withdrawal, and the
candidates have not been replaced as provided in KRS 118A.060, the election
to fill the regular term shall be conducted in the manner prescribed in
subsections (3) through (11) of this section.
Each candidate 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 election for the unexpired term will be held
and not later than the second Tuesday in August preceding the day fixed by
law for holding the regular election for the unexpired term. The petition shall be
sworn to by the candidate and by not less than two (2) registered voters from
the district or circuit from which he or she seeks nomination, before an officer
authorized to administer an oath. 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 second Tuesday in August preceding the regular
election.
Not later than the date set forth in KRS 118.215 and after the order of names
on the ballot has been determined as required in subsection (6) 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 the Secretary of State; 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.
(8) The ballot position of a candidate shall not be changed after the ballot position
has been designated by the county clerk.
(9) The county clerks of each county shall cause to be printed on the ballot labels
for the voting machines and on the absentee ballots for the regular election the
names of the candidates for offices of the Court of Justice.
(10) 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," and in a manner so that the casting of a vote for all of
the candidates of a political party will not operate to cast a vote for judicial
candidates. The words "Vote for one" or "Vote for one in each division," shall
be printed on the 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.
(11) The candidate receiving the highest number of votes cast at the regular
election for a district or circuit, or for a numbered division thereof if divisions
exist, shall be elected.
(12) A judge who elected to retire as a Senior Status Special Judge in accordance
with KRS 21.580 shall not become a candidate or a nominee for any elected
office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless
of the number of days served by the judge acting as a Senior Status Special
Judge.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 66, sec. 8, effective June 25, 2013. -Amended 2010 Ky. Acts ch. 123, sec. 9, effective July 15, 2010. -- Amended
1998 Ky. Acts ch. 2, sec. 12, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 195, sec. 20, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 296,
sec. 20, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 62,
effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 185, sec. 4, effective
January 1, 1987; and ch. 470, sec. 39, effective July 15, 1986. -- Amended 1984
Ky. Acts ch. 185, sec. 27, effective July 13, 1984. -- Amended 1982 Ky. Acts
ch. 394, sec. 34, effective July 15, 1982; and ch. 449, sec. 14, effective July 15,
1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 13. -- Created
1976 Ky. Acts ch. 54, sec. 10, effective March 10, 1976.
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