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117.265 Write-in votes -- Requirements -- Persons ineligible to be write-in
candidate -- Certified lists of qualified candidates.
(1)
(2)
(3)
(4)
(5)
A voter may, at any regular or special election, cast a write-in vote for any
person qualified as provided in subsection (2) or (3) of this section, whose
name does not appear upon the ballot label for any office, by writing the name
of his or her choice upon the appropriate device for the office being voted on
provided on the voting machine as required by KRS 117.125. Any candidate for
city office who is defeated in a partisan or nonpartisan primary shall be
ineligible as a candidate for the same office in the regular election. Any voter
utilizing an absentee ballot for a regular or special election may write in a vote
for any eligible person whose name does not appear upon the ballot, by writing
the name of his or her choice under the office.
Write-in votes shall be counted only for candidates for election to office who
have filed a declaration of intent to be a write-in candidate with the Secretary of
State or county clerk, depending on the office being sought, on or before the
fourth Friday in October preceding the date of the regular election and not later
than the second Friday before the date of a special election. In the case of a
special election administered under KRS 118.730, a declaration of intent to be
a write-in candidate shall be filed at least twenty-eight (28) days before the day
of the election. The declaration of intent shall be filed no earlier than the first
Wednesday after the first Monday in November of the year preceding the year
the office will appear on the ballot, and no later than 4 p.m. local time at the
place of filing when filed on the last date on which papers may be filed. The
declaration of intent shall be on a form prescribed by the Secretary of State.
A person shall not be eligible as a write-in candidate:
(a) For more than one (1) office in a regular or special election; or
(b) If his or her name appears upon the ballot label for any office, except that
the candidate may file a notice of withdrawal prior to filing an intent to be
a write-in candidate for office when a vacancy in a different office occurs
because of:
1.
Death;
2.
Disqualification to hold the office sought;
3.
Severe disabling condition which arose after the nomination; or
4.
The nomination of an unopposed candidate.
Persons who wish to run for President and Vice-President shall file a
declaration of intent to be a write-in candidate, along with a list of presidential
electors pledged to those candidates, with the Secretary of State on or before
the fourth Friday in October preceding the date of the regular election for those
offices. The declaration of intent shall be filed no earlier than the first
Wednesday after the first Monday in November of the year preceding the year
the office will appear on the ballot, and no later than 4 p.m. local time at the
place of filing when filed on the last date on which papers may be filed. Write-in
votes cast for the candidates whose names appear on the ballot shall apply to
the slate of pledged presidential electors, whose names shall not appear on the
ballot.
The county clerk shall provide to the precinct election officers certified lists of
(6)
those persons who have filed declarations of intent as provided in subsections
(2) and (3) of this section. Only write-in votes cast for qualified candidates shall
be counted.
Two (2) election officers of opposing parties shall upon the request of any voter
instruct the voter on how to cast a write-in vote.
Effective:March 28, 2012
History: Amended 2012 Ky. Acts ch. 8, sec. 1, effective March 28, 2012. -Amended 2010 Ky. Acts ch. 176, sec. 7, effective July 15, 2010. -- Amended
2008 Ky. Acts ch. 79, sec. 4, effective July 15, 2008. -- Amended 2005 Ky. Acts
ch. 71, sec. 4, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 34, sec. 1,
effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 243, sec. 12, effective
April 1, 1998. -- Amended 1992 Ky. Acts ch. 288, sec. 57, effective July 14,
1992; and ch. 454, sec. 1, effective July 14, 1992.. -- Amended 1990 Ky. Acts
ch. 48, sec. 29, effective July 13, 1990; and ch. 366, sec. 2, effective July 13,
1990. -- Amended 1986 Ky. Acts ch. 287, sec. 10, effective July 15, 1986. -Amended 1982 Ky. Acts ch. 394, sec. 16, effective July 15, 1982. -- Amended
1976 Ky. Acts ch. 247, sec. 6, effective June 19, 1976. -- Created 1974 Ky. Acts
ch. 130, sec. 40, effective June 21, 1974.
Legislative Research Commission Note (7/14/92). This section was amended by
1992 Acts chs. 288 and 454 which are in conflict. Pursuant to KRS 446.250,
Acts ch. 288 which was last enacted by the General Assembly prevails.
Legislative Research Commission Note (3/28/2012). 2012 Ky. Acts ch. 8, sec. 5,
provides that the amendments to this statute in 2012 Ky. Acts ch. 8 shall be
cited as "The Dewayne Bunch Act."
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