118.212 When candidate's name not to be certified or printed on ballot -- Effect of
553 words·~3 min read·
/ky/118-212A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
death or withdrawal of candidate -- Notice required at polls -- Penalty.
(1)If, before the time of certification of candidates who will appear on the ballot
provided in KRS 118.215, any candidate whose notification and declaration or
certificate or petition of nomination has been filed in the office of the Secretary of
State 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.
(2)If, after the certification of candidates who will appear on the ballot as provided in
KRS 118.215, any candidate whose notification and declaration or certificate or
petition of nomination has been filed in the office of the county clerk dies or
notifies the clerk, in the manner described in subsection
(1)of this section, that he
will not accept the nomination or election, the clerk shall ensure that notice is
provided to the appropriate precincts as provided in subsection
(5)of this section.
(3)If, after the certification of candidates who will appear on the ballot as provided in
KRS 118.215, any candidate whose notification and declaration or certificate or
petition of nomination has been filed in the office of the Secretary of State dies or
notifies the Secretary of State in the manner described in subsection
(1)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
(5)of this
section.
(4)If, after the certification of candidates who will appear on the ballot as provided in
KRS 118.215, any candidate whose name appears on the ballot shall officially
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, if there is
only one
(1)remaining candidate on the ballot for that office in a primary election,
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, and the officer with whom the remaining
candidate 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 and send a
copy to the remaining candidate.
(5)If, after the certification of candidates who will appear on the ballot as provided in
KRS 118.215, any candidate whose name appears on the ballot shall officially
withdraw or die, the county clerk shall provide a notice to the precinct election
officers who shall see that the 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
days prior to the election and provides the notice required by this subsection and the
precinct officers fail to post the notice at the polling place, the precinct 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).