2014 Kentucky Revised Statutes
CHAPTER 83A - ORGANIZATION OF GOVERNMENT IN CITIES
83A.045 Laws governing partisan and nonpartisan elections.
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<![CDATA[83A.045 Laws governing partisan and nonpartisan elections.
(1)
(2)
Except as provided in KRS 83A.047, partisan elections of city officers shall be
governed by the following provisions, regardless of the form of government or
classification of the city:
(a) A candidate for party nomination to city office shall file his or her
nomination papers with the county clerk of the county 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 before the day fixed by KRS Chapter 118 for
holding a primary election for the office sought. 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. All nomination papers
shall be filed no later than 4 p.m. local time when filed on the last day on
which the papers are permitted to be filed;
(b) An independent candidate for nomination to city office shall not
participate in a primary, but shall file his or her nomination papers with the
county clerk of the county 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 second Tuesday in
August before the day fixed by KRS Chapter 118 for holding a regular
election for the office. 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. All nomination papers shall be filed no
later than 4 p.m. local time when filed on the last day on which the papers
are permitted to be filed; and
(c) A candidate for city office who is defeated in a partisan primary election
shall be ineligible as a candidate for the same office in the regular
election. However, if a vacancy occurs in the party nomination for which
he or she was an unsuccessful candidate in the primary, his or her name
may be placed on the voting machines for the regular election as a
candidate of that party if he or she has been duly made the party nominee
after the vacancy occurs, as provided in KRS 118.105.
Except as provided in KRS 83A.047, nonpartisan elections of city officers shall
be governed by KRS 83A.050, 83A.170, 83A.175, and the following provisions,
regardless of the form of government or classification of the city:
(a) A candidate for city office shall file his or her nomination papers with the
county clerk of the county 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 before the day fixed by KRS Chapter 118 for holding a primary
for nominations for the office. 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. All nomination papers shall be filed no
later than 4 p.m. local time when filed on the last day on which the papers
(b)
(c)
are permitted to be filed;
Any city of the home rule class may by ordinance provide that the
nomination and election of candidates for city office in a nonpartisan
election shall be conducted pursuant to the provisions of this subsection:
1.
A city may forgo conducting a nonpartisan primary election for the
nomination of candidates to city office, regardless of the number of
candidates running for each office, and require all candidates to file
their nomination papers with the county clerk of the county 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 second Tuesday in August before the
day fixed by KRS Chapter 118 for holding a regular election for the
office. 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;
2.
All nomination papers shall be filed no later than 4 p.m. local time
when filed on the last day on which the papers are permitted to be
filed;
3.
If a city does not conduct a primary pursuant to this subsection, the
election of candidates to city office shall be governed by the
provisions of this subsection, KRS 83A.175(2) to (6), and KRS
Chapters 116 to 121;
4.
In the absence of a primary pursuant to this subsection, the number
of candidates equal to the number of city offices to be filled who
receive the highest number of votes cast in the regular election for
each city office shall be elected;
5.
Candidates shall be subject to all other applicable election laws
pursuant to this chapter and KRS Chapters 116 to 121;
6.
If a vacancy occurs in a candidacy for city office in any city which
has not held a primary pursuant to this subsection after the
expiration of time for filing nomination papers, or if there are fewer
candidates than there are offices to be filled, the vacancy in
candidacy shall be filled by write-in voting; and
7.
At the regular election, the voters shall be instructed to vote for one
(1) candidate, except when there is more than one (1) candidate for
which voters may vote, the instruction "vote for up to .... candidates"
shall be used on the ballot; and
A candidate for city office who is defeated in a nonpartisan primary
election shall be ineligible as a candidate for the same office in the regular
election.
Effective:January 1, 2015
History: Amended 2014 Ky. Acts ch. 17, sec. 1, effective July 15, 2014; and ch.
92, sec. 14, effective January 1, 2015. --. -- Amended 2008 Ky. Acts ch. 79, sec.
18, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 2, sec. 14, effective
July 15, 1998. -- Amended 1996 Ky. Acts ch. 195, sec. 22, effective July 15,
1996. -- Amended 1992 Ky. Acts ch. 288, sec. 31, effective July 14, 1992. --
Amended 1990 Ky. Acts ch. 48, sec. 92, effective July 13, 1990; ch. 169, sec. 1,
effective July 13, 1990; and ch. 366, sec. 1, effective July 13, 1990. -- Created
1988 Ky. Acts ch. 17, sec. 2, effective July 15, 1988.
Legislative Research Commission Note (1/1/2015). This statute was amended by
2014 Ky. Acts chs. 17 and 92, which do not appear to be in conflict and have
been codified together.
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