118.215 Certification of candidates or slates by Secretary of State -- Order of
883 words·~4 min read·
/ky/118-215A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
listing county offices -- Use of supplemental paper ballots -- Approval of State
Board of Elections -- Ballot position unalterable.
(1)After the order of the names has been determined as provided in KRS 118.225, the
Secretary of State shall certify, to the county clerks of the respective counties
entitled to participate in the nomination or election of the respective candidates, the
name, the email address or post office box address, the office sought, the district
number of the office sought, if applicable, and party of each candidate or slate of
candidates for each office, as specified in the nomination papers or certificates and
petitions of nomination filed with him or her, and shall designate the device with
which the candidate groups, slates of candidates, or lists of candidates of each party
shall be printed, in the order in which they are to appear on the ballot, with
precedence to be given to the party that polled the highest number of votes at the
preceding election for presidential electors, followed by the political party which
received the second highest number of votes, with the order of any other political
parties and independents to be determined by lot. Candidates for county offices and
local state offices shall be listed in the following order: Commonwealth's attorney,
circuit clerk, property valuation administrator, county judge/executive, county
attorney, county clerk, sheriff, jailer, county commissioner, coroner, justice of the
peace, and constable. The names of candidates for President and Vice President
shall be certified in lieu of certifying the names of the candidates for presidential
electors. The names shall be certified as follows:
(a)Not later than the third Monday after the filing deadline for the primary as
established in KRS 83A.045, 118.165, and 118A.060;
(b)Not later than the fourth Monday in August, except as provided in paragraph
(c)of this subsection; and
(c)Not later than the Monday after the Friday following the first Tuesday in
September preceding a regular election, for those years in which there is an
election for President and Vice President of the United States.
(2)Except as otherwise provided in subsection
(3)of this section, all independent
candidates or slates of candidates whose nominating petitions are filed with the
county clerk or the Secretary of State shall be listed under the title and device
designated by them as provided in KRS 118.315, or if none is designated, under the
word "independent," and shall be placed on the ballot in a separate column or
columns or in a separate line or lines according to the office which they seek. The
order in which independent candidates or slates of candidates shall appear on the
ballot shall be determined by lot by the county clerk. If the same device is selected
by two
(2)groups of petitioners, it shall be given to the first selecting it and the
county clerk shall permit the other group to select a suitable device. This section
shall not apply to candidates for municipal offices which come under subsection
of this section.
(3)The ballots used at any election in which city officers are to be elected as provided
in subsection
(2)of this section shall contain the names of candidates for the city
offices grouped according to the offices they seek, and the candidates shall be
immediately arranged with and designated by the title of office they seek. The order
in which the names of the candidates for each office are to be printed on the ballot
shall be determined by lot. Each group of candidates for each separate office for
which the candidates are to be elected shall be clearly separated from other groups
on the ballot and spaced to avoid confusion on the part of the voter.
(4)The Secretary of State shall not knowingly certify to the county clerk of any county
the name of any candidate or slate of candidates who has not filed the required
nomination papers, nor knowingly fail to certify the name of any candidate or slate
of candidates who has filed the required nomination papers.
(5)If the county clerk determines that the number of certified candidates or slates of
candidates cannot be placed on a ballot which can be accommodated by the voting
equipment currently in use by the county, he or she shall so notify the State Board
of Elections not later than the last Tuesday in February preceding the primary or the
last Tuesday in August preceding the regular election. The State Board of Elections
shall meet within five
(5)days of the notice, review the ballot conditions, and
determine whether supplemental paper ballots are necessary for the election. Upon
approval of the State Board of Elections, supplemental paper ballots may be used
for nonpartisan candidates or slates of candidates for an office or offices and public
questions submitted for a yes or no vote. All candidates or slates of candidates for
any particular office shall be placed either on the ballot or on the supplemental
paper ballot. Supplemental paper ballots may also be used to conduct the voting, in
the instance of a small precinct as provided in KRS 117.066.
(6)The ballot position of a candidate or slate of candidates shall not be changed after
the ballot position has been designated by the county clerk.