118A.150 Certification of candidates -- Ballot labels -- Effect of death or withdrawal of candidate -- Penalty. - Kentucky Statutes

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118A.150 Certification of candidates -- Ballot labels -- Effect of death or withdrawal of candidate -- Penalty. (1) In certification of candidates for judicial office, no reference shall be made to political affiliation. (2) The Secretary of State shall not knowingly certify to the county clerk of any county the name of any candidate who has not filed the required nomination or candidacy
papers, nor knowingly fail to certify the name of any candidate who has filed the
required nomination or candidacy papers. (3) No county clerk shall knowingly cause to be printed on the ballot labels or absentee ballots for any election, the name of a candidate for an office of the Court of Justice
who has not been certified in the manner specified in this chapter. (4) If, before the time of certification of candidates who will appear on the ballot provided for in this chapter, any candidate whose petition or certificate of
nomination or petition for candidacy has been filed, 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. (5) If, after the certification of candidates who will appear on the ballot, any candidate whose petition or certificate of nomination or petition for candidacy has been filed,
dies or notifies the Secretary of State in the manner described in subsection (4) 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 (7) of this
section. (6) If after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall 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, in a primary election, if there are only one (1) or two (2)
remaining candidates on the ballot for that office, 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 or candidates, and the officer with whom the remaining candidate or
candidates 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 or
candidates and send a copy to the remaining candidate or candidates. (7) If, after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall withdraw pursuant to KRS 118.212 or die,
the county clerk shall provide notices to the precinct election officers who shall see
that a 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 (5) days prior to the
election and provides the notices required by this subsection and the precinct
officers fail to post the notices at the polling place, the 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). Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 101, sec. 4, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 2, sec. 13, effective July 15, 1998. -- Amended 1990 Ky. Acts
ch. 48, sec. 63, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 40,
effective July 15, 1986. -- Created 1976 Ky. Acts ch. 54, sec. 15, effective March 10,
1976.