Kentucky Statutes 118.325 – Nomination by convention or primary — Vacancies — Nominees by petition — Ineligibility of Senior Status Special Judge
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(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 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 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 shall be in writing, shall contain the name of each person nominated, his or her residence, and the office to which he or she is nominated, and shall designate a title for the party or principle that such convention or primary represents, together with any simple figure or device by which its list of candidates may be designated on the ballots. The certificate shall be signed by the presiding officer and secretary of the convention, or by the chair 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 ballots 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 chair 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 chair 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 ballots 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 chair, shall be recognized by the Secretary of State and county clerk.
(7) 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. 53, effective June 29, 2021. — Amended
2013 Ky. Acts ch. 66, sec. 6, effective June 25, 2013. — 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.
(2) The certificate of nomination by such a convention or primary shall be in writing, shall contain the name of each person nominated, his or her residence, and the office to which he or she is nominated, and shall designate a title for the party or principle that such convention or primary represents, together with any simple figure or device by which its list of candidates may be designated on the ballots. The certificate shall be signed by the presiding officer and secretary of the convention, or by the chair 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.
Terms Used In Kentucky Statutes 118.325
- City: includes town. See Kentucky Statutes 446.010
- 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
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- 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
- Year: means calendar year. See Kentucky Statutes 446.010
(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 ballots 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 chair 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 chair 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 ballots 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 chair, shall be recognized by the Secretary of State and county clerk.
(7) 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. 53, effective June 29, 2021. — Amended
2013 Ky. Acts ch. 66, sec. 6, effective June 25, 2013. — 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.