118.305 Persons entitled to have name on ballot -- Certification of names of candidates -- Eligibility of candidates defeated in primary -- Notification of vacancy in elective office. - Kentucky Statutes

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Page 1 of 3 118.305 Persons entitled to have name on ballot -- Certification of names of candidates -- Eligibility of candidates defeated in primary -- Notification of
vacancy in elective office. (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 for the voting machines and on 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 election, 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 election, 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 machine ballot or ballot cards and whether the voting machine
may be reprogrammed to count the votes cast for that candidate or whether the
ballot or ballot cards 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
or ballot cards and if there is insufficient time before the election to reprint the Page 2 of 3 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 as provided 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 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
votes cast for the candidate who was replaced. If ballots are reprinted or
supplemental paper ballots are printed, or if voting machines 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 election 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 ballot labels and 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, the name of no candidate shall be printed upon the ballot labels 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 election held as provided
in this chapter. (5) No county clerk shall knowingly cause to be printed, upon the ballot labels 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 primary election laws or the name of any candidate who is not in Page 3 of 3 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. Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 46, sec. 2, effective June 26, 2007. -- Amended 1994 Ky. Acts ch. 482, sec. 2, effective April 13, 1994. -- Amended 1990 Ky. Acts
ch. 48, sec. 44, effective July 13, 1990; and ch. 366, sec. 7, effective July 13, 1990. --
Amended 1988 Ky. Acts ch. 341, sec. 36, effective July 15, 1988. -- Amended 1986
Ky. Acts ch. 287, sec. 13, effective July 15, 1986. -- Amended 1984 Ky. Acts
ch. 185, sec. 16, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 25,
effective July 15, 1982. -- Created 1974 Ky. Acts ch. 130, sec. 116, effective June
21, 1974.