2014 Kentucky Revised Statutes CHAPTER 118A - ELECTION OF JUDGES 118A.150 Certification of candidates -- Ballot labels -- Effect of death or withdrawal of candidate -- Penalty.
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118A.150 Certification of candidates -- Ballot labels -- Effect of death or
withdrawal of candidate -- Penalty.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
In certification of candidates for judicial office, no reference shall be made to
political affiliation.
The Secretary of State shall not knowingly certify to the county clerk of any
county the name of any candidate who has not filed the required nomination or
candidacy papers, nor knowingly fail to certify the name of any candidate who
has filed the required nomination or candidacy papers.
No county clerk shall knowingly cause to be printed on the ballot labels or
absentee ballots for any election, the name of a candidate for an office of the
Court of Justice who has not been certified in the manner specified in this
chapter.
If, before the time of certification of candidates who will appear on the ballot
provided for in this chapter, any candidate whose petition or certificate of
nomination or petition for candidacy has been filed, dies or notifies the
Secretary of State in writing, signed and properly notarized, that he will not
accept the nomination or election, the Secretary of State shall not certify his
name.
If, after the certification of candidates who will appear on the ballot, any
candidate whose petition or certificate of nomination or petition for candidacy
has been filed, dies or notifies the Secretary of State in the manner described
in subsection (4) of this section, that he will not accept the nomination or
election, the Secretary of State shall immediately notify the appropriate county
clerk, and the clerk shall ensure that notice is provided to the appropriate
precincts as provided in subsection (7) of this section.
If after the certification of candidates who will appear on the ballot, any
candidate whose name appears on the ballot shall withdraw or die, neither the
precinct election officers nor the county board of elections shall tabulate or
record the votes cast for the candidate; and, in a primary election, if there are
only one (1) or two (2) remaining candidates on the ballot for that office,
following the withdrawal or death of the other candidate or candidates, neither
the precinct election officers nor the county board of elections shall tabulate or
record the votes for the remaining candidate or candidates, and the officer with
whom the remaining candidate or candidates has filed his or her nomination
papers shall immediately issue and file in his or her office a certificate of
nomination for that remaining candidate or candidates and send a copy to the
remaining candidate or candidates.
If, after the certification of candidates who will appear on the ballot, any
candidate whose name appears on the ballot shall withdraw pursuant to KRS
118.212 or die, the county clerk shall provide notices to the precinct election
officers who shall see that a notice is conspicuously displayed at the polling
place advising voters of the change, and that votes for the candidate shall not
be tabulated or recorded. If the county clerk learns of the death or withdrawal
at least five (5) days prior to the election and provides the notices required by
this subsection and the precinct officers fail to post the notices at the polling
place, the officers shall be guilty of a violation, subject to a fine of not less than
ten dollars ($10) nor more than two hundred fifty dollars ($250).
Effective:June 24, 2003
History: Amended 2003 Ky. Acts ch. 101, sec. 4, effective June 24, 2003. -Amended 1998 Ky. Acts ch. 2, sec. 13, effective July 15, 1998. -- Amended
1990 Ky. Acts ch. 48, sec. 63, effective July 13, 1990. -- Amended 1986 Ky.
Acts ch. 470, sec. 40, effective July 15, 1986. -- Created 1976 Ky. Acts ch. 54,
sec. 15, effective March 10, 1976.
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