State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 118A00 > 100

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118A.100 Filling vacancy for unexpired term -- Filling nomination when nominees unavailable. (1) 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 <br>prescribed in KRS 118A.060 if the vacancy occurs not later than the second <br>Tuesday in January preceding the primary. If the vacancy occurs on or after that <br>date, the election to fill the unexpired term shall be held in accordance with the <br>procedures described in this section and Section 152 of the Constitution of <br>Kentucky. (2) 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 <br>candidates have not been replaced as provided in KRS 118A.060, the election to fill <br>the regular term shall be conducted in the manner prescribed in subsections (3) <br>through (11) of this section. (3) 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 <br>preceding the year in which the election for the unexpired term will be held and not <br>later than the second Tuesday in August preceding the day fixed by law for holding <br>the regular election for the unexpired term. The petition shall be sworn to by the <br>candidate and by not less than two (2) registered voters from the district or circuit <br>from which he or she seeks nomination, before an officer authorized to administer <br>an oath. Signatures for nomination papers shall not be affixed on the document to <br>be filed prior to the first Wednesday after the first Monday in November of the year <br>preceding the year in which the office will appear on the ballot. The petition shall <br>be filed no later than 4 p.m. local time at the place of filing when filed on the last <br>date on which the papers are permitted to be filed. (4) 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 <br>or she possesses all the constitutional and statutory requirements of the office for <br>which the candidate has filed. Titles, ranks, or spurious phrases shall not be <br>accepted on the petition and shall not be printed on the ballots as part of the <br>candidate's name; however, nicknames, initials, and contractions of given names <br>may be acceptable as the candidate's name. (5) 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 <br>notify the candidate by certified mail within twenty-four (24) hours of filing. (6) The order of names on the ballot for each district or circuit, and numbered division thereof if divisions exist, shall be determined by lot at a public drawing to be held in <br>the office of the Secretary of State at 2 p.m., standard time, on the Thursday <br>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 <br>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 <br>candidate for each office, by district or circuit, and numbered division thereof <br>if divisions exist, as specified in the petitions for nomination filed with the <br>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 <br>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 <br>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 <br>&quot;Judicial Ballot,&quot; and in a manner so that the casting of a vote for all of the <br>candidates of a political party will not operate to cast a vote for judicial candidates. <br>The words &quot;Vote for one&quot; or &quot;Vote for one in each division,&quot; shall be printed on the <br>appropriate location. The office, numbered division thereof if divisions exist, and <br>the candidates therefor shall be clearly labeled. No party designation or emblem of <br>any kind, nor any sign indicating any candidate's political belief or party affiliation, <br>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 thereof if divisions exist, shall be <br>elected. Effective: July 15, 2010 <br>History: 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 <br>ch. 195, sec. 20, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 296, sec. 20, <br>effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 62, effective July 13, <br>1990. -- Amended 1986 Ky. Acts ch. 185, sec. 4, effective January 1, 1987; and <br>ch. 470, sec. 39, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 27, <br>effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 34, effective July <br>15, 1982; and ch. 449, sec. 14, effective July 15, 1982. -- Amended 1976 (1st Extra. <br>Sess.) Ky. Acts ch. 1, sec. 13. -- Created 1976 Ky. Acts ch. 54, sec. 10, effective <br>March 10, 1976.