Kentucky Statutes 118.315 – Nomination for regular election by petition — Form of petition — Examination of petition — Ineligibility of Senior Status Special Judge
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(1) A candidate for any office to be voted for at any regular election may be nominated by a petition of electors qualified to vote for him or her, complying with the provisions of subsection (2) of this section. No person whose registration status is as a registered member of a political party shall be eligible to election as an independent, or political organization, or political group candidate, nor shall any person be eligible to election as an independent, or political organization, or political group candidate whose registration status was as a registered member of a political party on January 1 immediately preceding the regular election for which the person seeks to be a candidate. This restriction shall not apply to candidates to those offices specified in KRS § 118.105(6), for supervisor of a soil and water conservation district, for candidates for mayor or legislative body in cities of the home rule class, or to candidates participating in nonpartisan elections.
(2) The form of the petition shall be prescribed by the State Board of Elections. It shall be signed by the candidate and by registered voters from the district or jurisdiction from which the candidate seeks nomination. 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. Signatures for a petition of nomination for a candidate seeking any office, excluding President of the United States in accordance with KRS § 118.591(1), 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. 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. A petition of nomination for a state officer, or any officer for whom all the electors of the state are entitled to vote, shall contain five thousand (5,000) petitioners; for a representative in Congress from any congressional district, or for any officer from any other district except as herein provided, four hundred (400) petitioners; for a county officer, member of the General Assembly, or Commonwealth’s attorney, one hundred (100) petitioners; for a soil and water conservation district supervisor, twenty-five (25) petitioners; for a city officer or board of education member, two (2) petitioners; and for an officer of a division less than a county, except as herein provided, twenty (20) petitioners. It shall not be necessary that the signatures of the petition be appended to one (1) paper. Each petitioner shall include the date he or she affixes the signature, address of residence, and date of birth. Failure of a voter to include the signature affixation date, date of birth, and address of residence shall result in the signature not being counted. If any person joins in nominating, by petition, more than one (1) nominee for any office to be filled, he or she shall be counted as a petitioner for the candidate whose petition is filed first, except a petitioner for the nomination of candidates for soil and water conservation district supervisors may be counted for every petition to which his or her signature is affixed.
(3) Titles, ranks, or spurious phrases shall not be accepted on the filing papers 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 accepted as the candidate’s name. (4) The Secretary of State and county clerks shall examine the petitions of all
candidates who file with them to determine whether each petition is regular on its
face. If there is an error, the Secretary of State or the county clerk shall notify the candidate by certified mail within twenty-four (24) hours of filing.
(5) 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, 2023
History: Amended 2023 Ky. Acts ch. 74, sec. 6, effective June 29, 2023. — Amended
2014 Ky. Acts ch. 92, sec. 213, effective January 1, 2015. — Amended 2013 Ky. Acts ch. 66, sec. 5, effective June 25, 2013. — Amended 2010 Ky. Acts ch. 123, sec.
2, effective July 15, 2010. — Amended 2008 Ky. Acts ch. 79, sec. 13, effective July
15, 2008. — Amended 2006 Ky. Acts ch. 187, sec. 1, effective July 12, 2006. — Amended 2005 Ky. Acts ch. 71, sec. 8, effective June 20, 2005. — Amended 2003
Ky. Acts ch. 53, sec. 1, effective June 24, 2003. — Amended 2000 Ky. Acts ch. 275, sec. 2, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 2, sec. 5, effective July
15, 1998; and ch. 243, sec. 2, effective April 1, 1998. — Amended 1992 Ky. Acts ch.
296, sec. 11, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 48, sec. 45, effective July 13, 1990; and ch. 166, sec. 1, effective July 13, 1990; and ch. 476, Pt. V, sec. 304, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 17, sec. 11, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 287, sec. 14, effective July
15, 1986; and ch. 470, sec. 27, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 185, sec. 17, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 394, sec. 26, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 318, sec. 7, effective June 17,
1978. — Created 1974 Ky. Acts ch. 130, sec. 117, effective June 21, 1974.
(2) The form of the petition shall be prescribed by the State Board of Elections. It shall be signed by the candidate and by registered voters from the district or jurisdiction from which the candidate seeks nomination. 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. Signatures for a petition of nomination for a candidate seeking any office, excluding President of the United States in accordance with KRS § 118.591(1), 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. 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. A petition of nomination for a state officer, or any officer for whom all the electors of the state are entitled to vote, shall contain five thousand (5,000) petitioners; for a representative in Congress from any congressional district, or for any officer from any other district except as herein provided, four hundred (400) petitioners; for a county officer, member of the General Assembly, or Commonwealth’s attorney, one hundred (100) petitioners; for a soil and water conservation district supervisor, twenty-five (25) petitioners; for a city officer or board of education member, two (2) petitioners; and for an officer of a division less than a county, except as herein provided, twenty (20) petitioners. It shall not be necessary that the signatures of the petition be appended to one (1) paper. Each petitioner shall include the date he or she affixes the signature, address of residence, and date of birth. Failure of a voter to include the signature affixation date, date of birth, and address of residence shall result in the signature not being counted. If any person joins in nominating, by petition, more than one (1) nominee for any office to be filled, he or she shall be counted as a petitioner for the candidate whose petition is filed first, except a petitioner for the nomination of candidates for soil and water conservation district supervisors may be counted for every petition to which his or her signature is affixed.
Terms Used In Kentucky Statutes 118.315
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- 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 - City: includes town. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Political group: means a political group not constituting a political party or a political organization within the meaning of subsections (1) and (10) of this section. See Kentucky Statutes 118.015
- Political organization: means a political group not constituting a political party within the meaning of subsection (1) of this section but whose candidate received two percent (2) or more of the vote of the state at the last preceding election for presidential electors. See Kentucky Statutes 118.015
- political party: is a n affiliation or organization of electors representing a political policy and having a constituted authority for its government and regulation, and whose candidate received at least twenty percent (20) of the total vote cast at the last preceding election at which presidential electors were voted for. See Kentucky Statutes 118.015
- 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) Titles, ranks, or spurious phrases shall not be accepted on the filing papers 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 accepted as the candidate’s name. (4) The Secretary of State and county clerks shall examine the petitions of all
candidates who file with them to determine whether each petition is regular on its
face. If there is an error, the Secretary of State or the county clerk shall notify the candidate by certified mail within twenty-four (24) hours of filing.
(5) 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, 2023
History: Amended 2023 Ky. Acts ch. 74, sec. 6, effective June 29, 2023. — Amended
2014 Ky. Acts ch. 92, sec. 213, effective January 1, 2015. — Amended 2013 Ky. Acts ch. 66, sec. 5, effective June 25, 2013. — Amended 2010 Ky. Acts ch. 123, sec.
2, effective July 15, 2010. — Amended 2008 Ky. Acts ch. 79, sec. 13, effective July
15, 2008. — Amended 2006 Ky. Acts ch. 187, sec. 1, effective July 12, 2006. — Amended 2005 Ky. Acts ch. 71, sec. 8, effective June 20, 2005. — Amended 2003
Ky. Acts ch. 53, sec. 1, effective June 24, 2003. — Amended 2000 Ky. Acts ch. 275, sec. 2, effective July 14, 2000. — Amended 1998 Ky. Acts ch. 2, sec. 5, effective July
15, 1998; and ch. 243, sec. 2, effective April 1, 1998. — Amended 1992 Ky. Acts ch.
296, sec. 11, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 48, sec. 45, effective July 13, 1990; and ch. 166, sec. 1, effective July 13, 1990; and ch. 476, Pt. V, sec. 304, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 17, sec. 11, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 287, sec. 14, effective July
15, 1986; and ch. 470, sec. 27, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 185, sec. 17, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 394, sec. 26, effective July 15, 1982. — Amended 1978 Ky. Acts ch. 318, sec. 7, effective June 17,
1978. — Created 1974 Ky. Acts ch. 130, sec. 117, effective June 21, 1974.