Kentucky Statutes 118A.100 – Filling vacancy for unexpired term — Filling nomination when nominees unavailable — Ineligibility of Senior Status Special Judge
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(1) Candidates for an unexpired term of a judicial office to be filled at a regular election shall be nominated at the primary next preceding the regular election in the manner prescribed in KRS § 118A.060 if the vacancy occurs not later than the second Friday in December preceding the primary. If the vacancy occurs on or after that date, the election to fill the unexpired term shall be held in accordance with the procedures described in this section and Section 152 of the Constitution of Kentucky.
(2) If in a regular election for judicial office no candidates nominated as provided in KRS § 118A.060 are available due to death, incapacity, or withdrawal, and the candidates have not been replaced as provided in KRS § 118A.060, the election to fill the regular term shall be conducted in the manner prescribed in subsections (3) through (11) of this section.
(3) Each candidate shall file a petition for nomination with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the election for the unexpired term will be held and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for holding the regular election for the unexpired term, if the vacancy occurs prior to the first Tuesday following the first Monday in June. If the vacancy occurs after the first Tuesday following the first Monday in June, each candidate shall file a petition for nomination with the Secretary of State not later than the second Tuesday in August preceding the day fixed by law for holding the regular election for the unexpired term. The petition shall be sworn to by the candidate and by not less than two (2) registered voters from the district or circuit from which he or she seeks nomination, before an officer authorized to administer an oath. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. The petition shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which the papers are permitted to be filed.
(4) The petition for nomination shall be in the form prescribed by the State Board of Elections. The petition shall include a declaration sworn to by the candidate, that he or she possesses all the constitutional and statutory requirements of the office for which the candidate has filed. Titles, ranks, or spurious phrases shall not be accepted on the petition and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be acceptable as the candidate’s name.
(5) The Secretary of State shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the Secretary of State shall notify the candidate by certified mail within twenty-four (24) hours of filing.
(6) The order of names on the ballot for each district or circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the first Tuesday after the first Monday in June preceding the regular election for
those petitions for nomination required to be filed no later than the first Tuesday following the first Monday in June. For those petitions for nomination required to be filed no later than the second Tuesday in August, the order of names on the ballot for each district and circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the second Tuesday in August preceding the regular election.
(7) Not later than the date set forth in KRS § 118.215 and after the order of names on the ballot has been determined as required in subsection (6) of this section, the Secretary of State shall:
(a) Certify to the county clerks of the respective counties entitled to participate in the election of the various candidates, the name and place of residence of each candidate for each office, by district or circuit, and numbered division if divisions exist, as specified in the petitions for nomination filed with the Secretary of State; and
(b) Designate for the county clerks the office of the Court of Justice with which the names of candidates shall be printed and the order in which they are to appear on the ballot.
(8) The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk.
(9) The county clerks of each county shall cause to be printed on the ballots, including absentee ballots, for the regular election the names of the candidates for offices of the Court of Justice.
(10) The names of the candidates shall be placed on the ballots in a separate column or columns or in a separate line or lines and identified by the words “Judicial Ballot,” and in a manner so that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for judicial candidates. The words “Vote for one” or “Vote for one in each division,” shall be printed on the appropriate location. The office, numbered division if divisions exist, and the candidates therefor shall be clearly labeled. No party designation or emblem of any kind, nor any sign indicating any candidate’s political belief or party affiliation, shall be used on any ballot.
(11) The candidate receiving the highest number of votes cast at the regular election for a district or circuit, or for a numbered division if divisions exist, shall be elected.
(12) 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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 197, sec. 60, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 187, sec. 12, effective November 6, 2019. — Amended 2018 Ky. Acts ch. 162, sec. 6, effective November 7, 2018. — Amended 2013 Ky. Acts ch. 66, sec. 8, effective June 25, 2013. — Amended 2010 Ky. Acts ch. 123, sec. 9, effective July 15, 2010. — Amended 1998 Ky. Acts ch. 2, sec. 12, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 195, sec. 20, effective July 15, 1996. — Amended 1992
Ky. Acts ch. 296, sec. 20, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 48, sec. 62, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 185, sec. 4, effective January 1, 1987; and ch. 470, sec. 39, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 185, sec. 27, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 394, sec. 34, effective July 15, 1982; and ch. 449, sec. 14, effective July 15, 1982. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 13. — Created 1976 Ky. Acts ch. 54, sec. 10, effective March 10, 1976.
(2) If in a regular election for judicial office no candidates nominated as provided in KRS § 118A.060 are available due to death, incapacity, or withdrawal, and the candidates have not been replaced as provided in KRS § 118A.060, the election to fill the regular term shall be conducted in the manner prescribed in subsections (3) through (11) of this section.
Terms Used In Kentucky Statutes 118A.100
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Oath: A promise to tell the truth.
- Regular election: means the election in even-numbered years at which members of Congress are elected and the election in odd-numbered years at which state officers are elected. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(3) Each candidate shall file a petition for nomination with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the election for the unexpired term will be held and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for holding the regular election for the unexpired term, if the vacancy occurs prior to the first Tuesday following the first Monday in June. If the vacancy occurs after the first Tuesday following the first Monday in June, each candidate shall file a petition for nomination with the Secretary of State not later than the second Tuesday in August preceding the day fixed by law for holding the regular election for the unexpired term. The petition shall be sworn to by the candidate and by not less than two (2) registered voters from the district or circuit from which he or she seeks nomination, before an officer authorized to administer an oath. Signatures for nomination papers shall not be affixed on the document to be filed prior to the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot. The petition shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which the papers are permitted to be filed.
(4) The petition for nomination shall be in the form prescribed by the State Board of Elections. The petition shall include a declaration sworn to by the candidate, that he or she possesses all the constitutional and statutory requirements of the office for which the candidate has filed. Titles, ranks, or spurious phrases shall not be accepted on the petition and shall not be printed on the ballots as part of the candidate’s name; however, nicknames, initials, and contractions of given names may be acceptable as the candidate’s name.
(5) The Secretary of State shall examine the petition of each candidate to determine whether it is regular on its face. If there is an error, the Secretary of State shall notify the candidate by certified mail within twenty-four (24) hours of filing.
(6) The order of names on the ballot for each district or circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the first Tuesday after the first Monday in June preceding the regular election for
those petitions for nomination required to be filed no later than the first Tuesday following the first Monday in June. For those petitions for nomination required to be filed no later than the second Tuesday in August, the order of names on the ballot for each district and circuit, and numbered division if divisions exist, shall be determined by lot at a public drawing to be held in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the second Tuesday in August preceding the regular election.
(7) Not later than the date set forth in KRS § 118.215 and after the order of names on the ballot has been determined as required in subsection (6) of this section, the Secretary of State shall:
(a) Certify to the county clerks of the respective counties entitled to participate in the election of the various candidates, the name and place of residence of each candidate for each office, by district or circuit, and numbered division if divisions exist, as specified in the petitions for nomination filed with the Secretary of State; and
(b) Designate for the county clerks the office of the Court of Justice with which the names of candidates shall be printed and the order in which they are to appear on the ballot.
(8) The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk.
(9) The county clerks of each county shall cause to be printed on the ballots, including absentee ballots, for the regular election the names of the candidates for offices of the Court of Justice.
(10) The names of the candidates shall be placed on the ballots in a separate column or columns or in a separate line or lines and identified by the words “Judicial Ballot,” and in a manner so that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for judicial candidates. The words “Vote for one” or “Vote for one in each division,” shall be printed on the appropriate location. The office, numbered division if divisions exist, and the candidates therefor shall be clearly labeled. No party designation or emblem of any kind, nor any sign indicating any candidate’s political belief or party affiliation, shall be used on any ballot.
(11) The candidate receiving the highest number of votes cast at the regular election for a district or circuit, or for a numbered division if divisions exist, shall be elected.
(12) 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.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 197, sec. 60, effective June 29, 2021. — Amended
2019 Ky. Acts ch. 187, sec. 12, effective November 6, 2019. — Amended 2018 Ky. Acts ch. 162, sec. 6, effective November 7, 2018. — Amended 2013 Ky. Acts ch. 66, sec. 8, effective June 25, 2013. — Amended 2010 Ky. Acts ch. 123, sec. 9, effective July 15, 2010. — Amended 1998 Ky. Acts ch. 2, sec. 12, effective July 15, 1998. — Amended 1996 Ky. Acts ch. 195, sec. 20, effective July 15, 1996. — Amended 1992
Ky. Acts ch. 296, sec. 20, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 48, sec. 62, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 185, sec. 4, effective January 1, 1987; and ch. 470, sec. 39, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 185, sec. 27, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 394, sec. 34, effective July 15, 1982; and ch. 449, sec. 14, effective July 15, 1982. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 13. — Created 1976 Ky. Acts ch. 54, sec. 10, effective March 10, 1976.