2014 Kentucky Revised Statutes CHAPTER 118 - CONDUCT OF ELECTIONS 118.305 Persons entitled to have name on ballot -- Certification of names of candidates -- Eligibility of candidates defeated in primary -- Notification of vacancy in elective office -- Ineligibility of Senior Status Special Judge.
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118.305 Persons entitled to have name on ballot -- Certification of names of
candidates -- Eligibility of candidates defeated in primary -- Notification of
vacancy in elective office -- Ineligibility of Senior Status Special Judge.
(1)
Except as provided in KRS 118.345, and subject to the provisions of
subsections (2), (3), and (4) of this section, the county clerk of each county
shall cause to be printed for the voting machines and on the absentee ballots
for the regular election the names of the following persons:
(a) Candidates of a political party, as defined in KRS 118.015, who have
received certificates of nomination at the preceding primary, or certificates
of nomination under KRS 118.185, and whose certificates of nomination
have been filed with the Secretary of State or the appropriate county
clerk;
(b) Candidates of a political party, as defined in KRS 118.015, who have
been nominated for an unexpired term in a manner determined by the
governing authority of the party, as provided in KRS 118.115, and whose
evidences of nomination have been filed with the Secretary of State or the
appropriate county clerk within the time prescribed in this chapter;
(c) Candidates of a political party, as defined in KRS 118.015, who have
been nominated by the governing authority of the party to fill a vacancy in
the candidacy of a person nominated at the preceding primary election,
as provided in KRS 118.105, and whose certificates of nomination have
been filed with the Secretary of State or the appropriate county clerk, by
at least the date provided by the election law generally for such filing;
(d) Candidates who have been nominated by a political organization as
provided in KRS 118.325 and whose certificates or petitions of nomination
have been filed with the Secretary of State or the appropriate county clerk
within the time prescribed in this chapter;
(e) Independent candidates who have been nominated by petition as
provided in KRS 118.315, and whose petitions of nomination have been
filed with the Secretary of State or the appropriate county clerk within the
time prescribed in this chapter;
(f) Successful nominees of all nonpartisan primaries which shall have been
conducted;
(g) Candidates who have filed a petition of candidacy as shall be required to
fill a vacancy which shall appear on the ballot;
(h) The county clerk shall determine whether the name of any replacement
candidate who has been nominated as provided in KRS 118.105(5) may
be placed on the machine ballot or ballot cards and whether the voting
machine may be reprogrammed to count the votes cast for that candidate
or whether the ballot or ballot cards must be reprinted to accommodate
votes cast for any replacement candidate and shall take the appropriate
action to accommodate the replacement of any candidate. If the county
clerk determines that the name of any replacement candidate cannot be
accommodated on the existing ballot or ballot cards and if there is
insufficient time before the election to reprint the entire ballot, the county
clerk shall request approval to use supplemental paper ballots for voting
(2)
(3)
(4)
(5)
(6)
for that office only in the same manner as permitted for other situations as
provided in KRS 118.215(5), and, if approved, shall have an adequate
number of supplemental paper ballots printed for voting for that office and
only votes cast for that office by means of the supplemental paper ballots
shall be tabulated and recorded by the precinct election officers and
county board of elections. All actions by a county clerk, the State Board of
Elections, and the Secretary of State which are necessary to provide for
voting at a regular election for candidates nominated pursuant to KRS
118.105(5) shall be carried out with all possible speed. When a candidate
has been replaced as provided in KRS 118.105(5) after absentee ballots
have been printed and distributed for the regular election, neither the
precinct election officers nor the county board of elections shall tabulate
or record any absentee votes cast for the candidate who was replaced. If
ballots are reprinted or supplemental paper ballots are printed, or if voting
machines must be reprogrammed to count the votes cast for a
replacement candidate, the costs for the printing and reprogramming shall
be paid by the political party who has nominated a replacement
candidate, or proportionately by each political party if each party
nominates a replacement candidate;
(i) Candidates for President and Vice President of the United States, of
those political parties and organizations who have nominated presidential
electors as provided in KRS 118.325, if the certificate of nomination of the
electors has been filed with the Secretary of State within the time
prescribed in this chapter;
(j) Candidates for soil and water district supervisors who have been
nominated by petition as provided in KRS 262.210; and
(k) Candidates for city office for which no nonpartisan primary has been
conducted in a city which requires nonpartisan city elections.
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.
Candidates for members of boards of education shall have their names printed
on ballot labels and absentee ballots for the regular election only after filing as
provided in KRS 160.220.
Except as provided in KRS 118.105 and 118.115, no candidate's name shall
be printed upon the ballot labels and absentee ballots for any regular election
as the nominee of any political party, as defined in KRS 118.015, or under the
emblem of any political party, as so defined, except those candidates who have
been duly and regularly nominated as nominees of that party at a primary held
as provided in this chapter.
No county clerk shall knowingly cause to be printed, upon the ballot labels or
absentee ballots for any regular election, the name of any candidate of a
political party, as defined in KRS 118.015, who has not been nominated in the
manner provided in the primary election laws or the name of any candidate
who is not in compliance with the restrictions concerning party registration and
candidacy provided in of KRS 118.315(1).
The names of candidates for President and Vice President shall be certified in
(7)
(8)
lieu of certifying the names of the candidates for presidential electors.
When a vacancy occurs in an elective office which is required by law to be
filled temporarily by appointment, the officer or body designated by law to make
the appointment, or in the case of an office to be filled by appointment from a
list of nominations, the officer or body designated by law to make the
nominations, shall immediately notify in writing both the county clerk and
Secretary of State of the vacancy.
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. 4, effective June 25, 2013. -Amended 2007 Ky. Acts ch. 46, sec. 2, effective June 26, 2007. -- Amended
1994 Ky. Acts ch. 482, sec. 2, effective April 13, 1994. -- Amended 1990 Ky.
Acts ch. 48, sec. 44, effective July 13, 1990; and ch. 366, sec. 7, effective July
13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 36, effective July 15, 1988. -Amended 1986 Ky. Acts ch. 287, sec. 13, effective July 15, 1986. -- Amended
1984 Ky. Acts ch. 185, sec. 16, effective July 13, 1984. -- Amended 1982 Ky.
Acts ch. 394, sec. 25, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 130,
sec. 116, effective June 21, 1974.
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