Kentucky Statutes 83A.165 – Election to fill unexpired term of city office
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(1) A candidate running to fill the unexpired term of any city office shall file his or her nomination papers in accordance with the provisions of KRS § 83A.045, 118.365,
118.375, and 83A.047.
(2) Vacancies in the office of mayor or city legislative body that are to be filled temporarily by appointment shall be governed by the provisions of KRS § 83A.040 and Section 152 of the Kentucky Constitution.
(3) Vacancies in the office of mayor or city legislative body that are to be filled by partisan election shall be governed by the following provisions:
(a) Vacancies in candidacy shall be governed by KRS § 118.105;
(b) Nominations for unexpired terms shall be governed by KRS § 118.115 and
Section 152 of the Kentucky Constitution; and
(c) Independent candidates filing to fill a vacancy shall be governed by KRS
118.375.
(4) Vacancies in the office of mayor or city legislative body that are to be filled by nonpartisan election shall be governed by the following provisions:
(a) If the vacancy occurs not less than one hundred sixty (160) days before a May primary, candidates to fill the vacancy shall be nominated at that primary in the manner prescribed in KRS § 83A.170;
(b) If the vacancy occurs on or after the one hundred sixtieth day before a May primary or at any time before the time prescribed in KRS § 118.365 for filing petitions of nomination, the election to fill the unexpired term shall be held without a primary in the manner prescribed in Section 152 of the Kentucky Constitution. Petitions of nomination for candidates to fill the vacancy shall be filed at the time and place prescribed in KRS § 118.365;
(c) If the vacancy occurs after the time prescribed in KRS § 118.365 for filing petitions of nomination, but not less than three (3) months before the regular election, petitions of nomination for candidates to fill the vacancy shall be filed not later than the second Tuesday in August preceding the regular election for the office sought; and
(d) Vacancies in candidacy in any city that has eliminated the nonpartisan primary election pursuant to KRS § 83A.045 shall be governed by the provisions of KRS § 83A.045(2)(b)6.
Effective: November 6, 2019
History: Amended 2019 Ky. Acts ch. 187, sec. 9, effective November 6, 2019. — Amended 2018 Ky. Acts ch. 162, sec. 2, effective November 7, 2018. — Amended
2014 Ky. Acts ch. 92, sec. 16, effective January 1, 2015. — Amended 2008 Ky. Acts ch. 79, sec. 19, effective July 15, 2008. — Amended 1992 Ky. Acts ch. 288, sec. 33, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 169, sec. 4, effective July 13,
1990; and ch. 366, sec. 3, effective July 13, 1990. — Created 1988 Ky. Acts ch. 17, sec. 6, effective July 15, 1988.
118.375, and 83A.047.
Terms Used In Kentucky Statutes 83A.165
- City: includes town. See Kentucky Statutes 446.010
- 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
(2) Vacancies in the office of mayor or city legislative body that are to be filled temporarily by appointment shall be governed by the provisions of KRS § 83A.040 and Section 152 of the Kentucky Constitution.
(3) Vacancies in the office of mayor or city legislative body that are to be filled by partisan election shall be governed by the following provisions:
(a) Vacancies in candidacy shall be governed by KRS § 118.105;
(b) Nominations for unexpired terms shall be governed by KRS § 118.115 and
Section 152 of the Kentucky Constitution; and
(c) Independent candidates filing to fill a vacancy shall be governed by KRS
118.375.
(4) Vacancies in the office of mayor or city legislative body that are to be filled by nonpartisan election shall be governed by the following provisions:
(a) If the vacancy occurs not less than one hundred sixty (160) days before a May primary, candidates to fill the vacancy shall be nominated at that primary in the manner prescribed in KRS § 83A.170;
(b) If the vacancy occurs on or after the one hundred sixtieth day before a May primary or at any time before the time prescribed in KRS § 118.365 for filing petitions of nomination, the election to fill the unexpired term shall be held without a primary in the manner prescribed in Section 152 of the Kentucky Constitution. Petitions of nomination for candidates to fill the vacancy shall be filed at the time and place prescribed in KRS § 118.365;
(c) If the vacancy occurs after the time prescribed in KRS § 118.365 for filing petitions of nomination, but not less than three (3) months before the regular election, petitions of nomination for candidates to fill the vacancy shall be filed not later than the second Tuesday in August preceding the regular election for the office sought; and
(d) Vacancies in candidacy in any city that has eliminated the nonpartisan primary election pursuant to KRS § 83A.045 shall be governed by the provisions of KRS § 83A.045(2)(b)6.
Effective: November 6, 2019
History: Amended 2019 Ky. Acts ch. 187, sec. 9, effective November 6, 2019. — Amended 2018 Ky. Acts ch. 162, sec. 2, effective November 7, 2018. — Amended
2014 Ky. Acts ch. 92, sec. 16, effective January 1, 2015. — Amended 2008 Ky. Acts ch. 79, sec. 19, effective July 15, 2008. — Amended 1992 Ky. Acts ch. 288, sec. 33, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 169, sec. 4, effective July 13,
1990; and ch. 366, sec. 3, effective July 13, 1990. — Created 1988 Ky. Acts ch. 17, sec. 6, effective July 15, 1988.