2018 Kentucky Revised Statutes CHAPTER 118A - ELECTION OF JUDGES .100 Filling vacancy for unexpired term -- Filling nomination when nominees unavailable -- Ineligibility of Senior Status Special Judge. (Effective November 7, 2018)
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118A.100 Filling vacancy for unexpired term -- Filling nomination when nominees
unavailable -- Ineligibility of Senior Status Special Judge.
(Effective
November 7, 2018)
(1)
(2)
(3)
(4)
(5)
(6)
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 first Tuesday after the first Monday in June preceding the day fixed by
law for holding the regular election for the unexpired term, if the vacancy occurs
prior to the first Tuesday following the first Monday in June. If the vacancy occurs
after the first Tuesday following the first Monday in June, each candidate shall file a
petition for nomination with the Secretary of State 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
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 first Tuesday after the first Monday in June preceding the regular election for
those petitions for nomination required to be filed no later than the first Tuesday
following the first Monday in June. For those petitions for nomination required to
be filed no later than the second Tuesday in August, the order of names on the ballot
for each district and circuit, and numbered division 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.
(7) 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 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 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 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: November 7, 2018
History: Amended 2018 Ky. Acts ch. 162, sec. 6, effective November 7, 2018. -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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