Section 118A.150 - Certification of candidates - Ballots - 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 any ballots 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, 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 29, 2021
Amended 2021 Ky. Acts ch. 197, sec. 61, effective June 29, 2021. -- 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.
Amended by 2021 Ky. Acts ch. 197,§ 61, eff. 6/29/2021.Effective:6/24/2003
Amended 2003, Ky. Acts ch. 101, sec. 4, effective6/24/2003. -- Amended 1998, Ky. Acts ch. 2, sec. 13, effective 7/15/1998. -- Amended 1990 Ky. Acts ch. 48, sec. 63, effective 7/13/1990. -- Amended 1986 Ky. Acts ch. 470, sec. 40, effective 7/15/1986. -- Created 1976 Ky. Acts ch. 54, sec. 15, effective 3/10/1976.