118.305 Persons entitled to have name on ballot -- Certification of names of
1,171 words·~5 min read·
/ky/118-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
candidates -- Eligibility of candidates defeated in primary -- Notification of
vacancy in elective office -- Ineligibility of Senior Status Special Judge.
(1)Except as provided in KRS 118.345, and subject to the provisions of subsections
(2), (3), and
(4)of this section, the county clerk of each county shall cause to be
printed on all ballots, including the absentee ballots, for the regular election the
names of the following persons:
(a)Candidates of a political party, as defined in KRS 118.015, who have received
certificates of nomination at the preceding primary, or certificates of
nomination under KRS 118.185, and whose certificates of nomination have
been filed with the Secretary of State or the appropriate county clerk;
(b)Candidates of a political party, as defined in KRS 118.015, who have been
nominated for an unexpired term in a manner determined by the governing
authority of the party, as provided in KRS 118.115, and whose evidences of
nomination have been filed with the Secretary of State or the appropriate
county clerk within the time prescribed in this chapter;
(c)Candidates of a political party, as defined in KRS 118.015, who have been
nominated by the governing authority of the party to fill a vacancy in the
candidacy of a person nominated at the preceding primary, as provided in
KRS 118.105, and whose certificates of nomination have been filed with the
Secretary of State or the appropriate county clerk, by at least the date provided
by the election law generally for such filing;
(d)Candidates who have been nominated by a political organization as provided
in KRS 118.325 and whose certificates or petitions of nomination have been
filed with the Secretary of State or the appropriate county clerk within the
time prescribed in this chapter;
(e)Independent candidates who have been nominated by petition as provided in
KRS 118.315, and whose petitions of nomination have been filed with the
Secretary of State or the appropriate county clerk within the time prescribed in
this chapter;
(f)Successful nominees of all nonpartisan primaries which shall have been
conducted;
(g)Candidates who have filed a petition of candidacy as shall be required to fill a
vacancy which shall appear on the ballot;
(h)The county clerk shall determine whether the name of any replacement
candidate who has been nominated as provided in KRS 118.105(5) may be
placed on the ballot and whether any voting equipment may be reprogrammed
to count the votes cast for that candidate, or whether the ballot must be
reprinted to accommodate votes cast for any replacement candidate, and shall
take the appropriate action to accommodate the replacement of any candidate.
If the county clerk determines that the name of any replacement candidate
cannot be accommodated on the existing ballot and if there is insufficient time
before the election to reprint the entire ballot, the county clerk shall request
approval to use supplemental paper ballots for voting for that office only in
the same manner as permitted for other situations in KRS 118.215(5), and, if
approved, shall have an adequate number of supplemental paper ballots
printed for voting for that office and only votes cast for that office by means
of the supplemental paper ballots shall be tabulated and recorded by the
precinct election officers and county board of elections. All actions by a
county clerk, the State Board of Elections, and the Secretary of State which
are necessary to provide for voting at a regular election for candidates
nominated pursuant to KRS 118.105(5) shall be carried out with all possible
speed. When a candidate has been replaced as provided in KRS 118.105(5)
after absentee and federal provisional absentee ballots have been printed and
distributed for the regular election, neither the precinct election officers nor
the county board of elections shall tabulate or record any absentee or federal
provisional absentee votes cast for the candidate who was replaced. If ballots
are reprinted or supplemental paper ballots are printed, or if voting equipment
must be reprogrammed to count the votes cast for a replacement candidate, the
costs for the printing and reprogramming shall be paid by the political party
who has nominated a replacement candidate, or proportionately by each
political party if each party nominates a replacement candidate;
(i)Candidates for President and Vice President of the United States, of those
political parties and organizations who have nominated presidential electors as
provided in KRS 118.325, if the certificate of nomination of the electors has
been filed with the Secretary of State within the time prescribed in this
chapter;
(j)Candidates for soil and water district supervisors who have been nominated
by petition as provided in KRS 262.210; and
(k)Candidates for city office for which no nonpartisan primary has been
conducted in a city which requires nonpartisan city elections.
(2)Any candidate for city office who is defeated in a partisan or nonpartisan primary
shall be ineligible as a candidate for the same office in the regular election.
(3)Candidates for members of boards of education shall have their names printed on
ballots, including absentee ballots, for the regular election only after filing as
provided in KRS 160.220.
(4)Except as provided in KRS 118.105 and 118.115, no candidate's name shall be
printed upon any ballots, including federal provisional ballots, federal provisional
absentee ballots, and absentee ballots for any regular election as the nominee of any
political party, as defined in KRS 118.015, or under the emblem of any political
party, as so defined, except those candidates who have been duly and regularly
nominated as nominees of that party at a primary held as provided in this chapter.
(5)No county clerk shall knowingly cause to be printed, upon the ballots, federal
provisional ballots, federal provisional absentee ballots, or absentee ballots for any
regular election, the name of any candidate of a political party, as defined in KRS
118.015, who has not been nominated in the manner provided in the laws governing
primaries or the name of any candidate who is not in compliance with the
restrictions concerning party registration and candidacy provided in of KRS
118.315(1).
(6)The names of candidates for President and Vice President shall be certified in lieu
of certifying the names of the candidates for presidential electors.
(7)When a vacancy occurs in an elective office which is required by law to be filled
temporarily by appointment, the officer or body designated by law to make the
appointment, or in the case of an office to be filled by appointment from a list of
nominations, the officer or body designated by law to make the nominations, shall
immediately notify in writing both the county clerk and Secretary of State of the
vacancy.
(8)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.