118.325 Nomination by parties by convention or primary election. - Kentucky Statutes

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118.325 Nomination by parties by convention or primary election. (1) Any political organization not constituting a political party within the meaning of KRS 118.015 but whose candidate received two percent (2%) of the vote of the
state at the last preceding election for presidential electors may nominate, by a
convention or primary election held by the party in accordance with its constitution
and bylaws, candidates for any offices to be voted for at any regular election, except
the office of member of a board of education, for which nominations shall be made
as provided in KRS 160.220. Any political party, as defined in KRS 118.015, and
any political organization not constituting such a political party but whose candidate
received two percent (2%) of the vote of the state at the last preceding election for
presidential electors, may nominate, by a convention or primary election held by the
party or organization in accordance with its constitution and bylaws, as many
electors of President and Vice President of the United States as this state is entitled
to elect. (2) The certificate of nomination by such a convention or primary election shall be in writing, shall contain the name of each person nominated, his residence and the
office to which he is nominated, and shall designate a title for the party or principle
that such convention or primary election represents, together with any simple figure
or device by which its list of candidates may be designated on the voting machines.
The certificate shall be signed by the presiding officer and secretary of the
convention, or by the chairman and secretary of the county, city, or district
committee, who shall add to their signatures their respective places of residence,
and acknowledge the same before an officer duly authorized to administer oaths. A
certificate of the acknowledgment shall be appended to the certificate of
nomination. In the case of electors of President and Vice President of the United
States the certificate of nomination shall state the names of the candidates of the
party for President and Vice President. (3) Any person desiring to become a candidate for an office, the nomination to which is to be made by a convention pursuant to subsections (1) and (2) of this section,
except for the office of elector of President and Vice President of the United States,
shall file a statement with the official designated in KRS 118.165 with whom
notification and declaration forms are filed for the office. The form of the statement
shall be prescribed by the State Board of Elections. Such statement shall be filed as
prescribed by KRS 118.365. (4) If the certificate of nomination of any state convention requests that the figure or device selected by such convention be used to designate the candidates of such party
on the voting machines for all elections throughout the state, that figure or device
shall be used until changed by request of a subsequent state convention of the same
party. The device may be any appropriate symbol other than the coat of arms or seal
of this state or of the United States, the national flag, or any other emblem common
to the people at large. (5) In case of death, resignation, or removal of any such candidate subsequent to nomination and before the certification of candidates for the regular election made
under KRS 118.215, the chairman of the state, county, or city district committee shall fill the vacancy, unless a supplemental certificate or petition of nomination is
filed. In the case of electors of President and Vice President of the United States, a
vacancy may be filled by the chairman of the state committee at any time before the
meeting of the electors, whether the vacancy occurs before or after the election. (6) If any political party entitled to nominate by convention fails to do so, the names of all nominees by petition for any office who are designated in their petition as
members and candidates of that party shall be printed under the device and title on
the voting machines as if nominated by a convention. If two (2) or more persons
who have filed certificates of nomination under this section claim to be the nominee
of the same political party, the governing authority of that party shall designate to
the Secretary of State and county clerk, in writing, which of the candidates is
entitled to the party emblem. If there are two (2) or more contending executive
committees of the same party in the county or district, the county or district
executive committee that is recognized by the state governing authority of the party,
by the written certificate of its chairman, shall be recognized by the Secretary of
State and county clerk. Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 2, sec. 6, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 48, sec. 46, effective July 13, 1990. -- Amended 1988 Ky. Acts
ch. 17, sec. 12, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 185, sec. 18,
effective January 1, 1985. -- Created 1974 Ky. Acts ch. 130, sec. 118, effective June
21, 1974.