117.265 Write-in votes -- Requirements -- Persons ineligible to be write-in
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/ky/117-265A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
candidate -- Certified lists of qualified candidates.
(1)A voter may, at any regular or special election, cast a write-in vote for any person
qualified as provided in subsection
(2)or
(3)of this section, whose name does not
appear upon the ballot for any office, by writing the name of his or her choice upon
the appropriate ballot for the office being voted on as required by KRS 117.125.
Any candidate who is defeated or disqualified in a partisan or nonpartisan primary
shall be ineligible as a candidate for the same office in the regular election, unless
there is a vacancy pursuant to KRS 118.105(3). Any voter utilizing a federal
provisional ballot, a federal provisional in-person absentee ballot, or a mail-in
absentee ballot for a regular or special election may write in a vote for any eligible
person whose name does not appear upon the ballot, by writing the name of his or
her choice under the office.
(2)Write-in votes shall be counted only for candidates for election to office who have
filed a declaration of intent to be a write-in candidate with the Secretary of State or
county clerk, depending on the office being sought, on or before the certification
deadlines established in KRS 118.215(1)(a) to
(c)and 118A.090(2) and not later
than the second Friday before the date of a special election. In the case of a special
election administered under KRS 118.730, a declaration of intent to be a write-in
candidate shall be filed at least twenty-eight
(28)days before the day of the
election. The declaration of intent shall be filed no earlier than the first Wednesday
after the first Monday in November of the year preceding the year the office will
appear on the ballot, and no later than 4 p.m. local time at the place of filing when
filed on the last date on which papers may be filed. The declaration of intent shall
be on a form prescribed and furnished by the Secretary of State.
(3)A person shall not be eligible as a write-in candidate:
(a)For more than one
(1)office in a regular or special election; or
(b)If his or her name appears upon the ballot for any office, except that the
candidate may file a notice of withdrawal prior to filing an intent to be a
write-in candidate for office when a vacancy in a different office occurs
because of:
1. Death;
2. Disqualification to hold the office sought;
3. Severe disabling condition which arose after the nomination; or
4. The nomination of an unopposed candidate.
(4)Persons who wish to run for President and Vice President shall file a declaration of
intent to be a write-in candidate, along with a list of presidential electors pledged to
those candidates, with the Secretary of State on or before the fourth Friday in
October preceding the date of the regular election for those offices. The declaration
of intent shall be filed no earlier than the first Wednesday after the first Monday in
November of the year preceding the year the office will appear on the ballot, and no
later than 4 p.m. local time at the place of filing when filed on the last date on
which papers may be filed. Write-in votes cast for the candidates whose names
appear on the ballot shall apply to the slate of pledged presidential electors, whose
names shall not appear on the ballot.
(5)The county clerk shall provide to the precinct election officers certified lists of
those persons who have filed declarations of intent as provided in subsections
and
(3)of this section. These lists shall not be posted anywhere, but a voter may
request to see a copy of the list. Once the voter has reviewed the copy, it shall
immediately be returned to the precinct election officer. Only write-in votes cast for
qualified candidates shall be counted.
(6)Two
(2)election officers of opposing parties shall upon the request of any voter
instruct the voter on how to cast a write-in vote.