Ky. Rev. Stat. § 83A.045

Current through 2024 Ky. Acts ch.225

Section 83A.045 - Laws governing partisan and nonpartisan elections

(1) Except as provided in KRS 83A.047, partisan elections of city officers shall be governed by the following provisions, regardless of the form of government or classification of the city:

(a) A candidate for party nomination to city office shall file his or her nomination papers with the county clerk of the county not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Friday following the first Monday in January before the day fixed by KRS Chapter 118 for holding a primary for the office sought. 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. All nomination papers shall be filed no later than 4 p.m. local time when filed on the last day on which the papers are permitted to be filed;

(b) An independent candidate for nomination to city office shall not participate in a primary, but shall file his or her nomination papers with the county clerk of the county not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Tuesday after the first Monday in June before the day fixed by KRS Chapter 118 for holding a regular election for the office. 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. All nomination papers shall be filed no later than 4 p.m. local time when filed on the last day on which the papers are permitted to be filed; and

(c) A candidate for city office who is defeated in a partisan primary shall be ineligible as a candidate for the same office in the regular election. However, if a vacancy occurs in the party nomination for which he or she was an unsuccessful candidate in the primary, his or her name may be placed on the ballot for the regular election as a candidate of that party if he or she has been duly made the party nominee after the vacancy occurs, as provided in KRS 118.105.

(2) Except as provided in KRS 83A.047, nonpartisan elections of city officers shall be governed by KRS 83A.050, 83A.170, 83A.175, and the following provisions, regardless of the form of government or classification of the city:

(a) A candidate for city office shall file his or her nomination papers with the county clerk of the county not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Friday following the first Monday in January before the day fixed by KRS Chapter 118 for holding a primary for nominations for the office. 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. All nomination papers shall be filed no later than 4 p.m. local time when filed on the last day on which the papers are permitted to be filed;

(b) Any city of the home rule class may by ordinance provide that the nomination and election of candidates for city office in a nonpartisan election shall be conducted pursuant to the provisions of this subsection:

1. A city may forgo conducting a nonpartisan primary for the nomination of candidates to city office, regardless of the number of candidates running for each office, and require all candidates to file their nomination papers with the county clerk of the county not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the office will appear on the ballot and not later than the first Tuesday after the first Monday in June before the day fixed by KRS Chapter 118 for holding a regular election for the office. 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;

2. All nomination papers shall be filed no later than 4 p.m. local time when filed on the last day on which the papers are permitted to be filed;

3. If a city does not conduct a primary pursuant to this subsection, the election of candidates to city office shall be governed by the provisions of this subsection, KRS 83A.175(2) to (6), and KRS Chapters 116 to 121;

4. In the absence of a primary pursuant to this subsection, the number of candidates equal to the number of city offices to be filled who receive the highest number of votes cast in the regular election for each city office shall be elected;

5. Candidates shall be subject to all other applicable election laws pursuant to this chapter and KRS Chapters 116 to 121;

6. If a vacancy occurs in a candidacy for city office in any city which has not held a primary pursuant to this subsection after the expiration of time for filing nomination papers, or if there are fewer candidates than there are offices to be filled, the vacancy in candidacy shall be filled by write-in voting; and

7. At the regular election, the voters shall be instructed to vote for one (1) candidate, except when there is more than one (1) candidate for which voters may vote, the instruction "vote for up to .... candidates" shall be used on the ballot; and

(c) A candidate for city office who is defeated in a nonpartisan primary shall be ineligible as a candidate for the same office in the regular election.

(3) Any city enacting an ordinance eliminating the nonpartisan primary as authorized by subsection (2)(b) of this section or enacting an ordinance that repeals a previously enacted ordinance that eliminated the nonpartisan primary authorized by subsection (2)(b) of this section shall file the ordinance with the county clerk of the county or counties in which the city is located no later than the first Wednesday after the first Monday in November of the year preceding the year in which city elections are held.

KRS 83A.045

Effective: June 29, 2021

Amended 2021 Ky. Acts ch. 197, sec. 1, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 187, sec. 1, effective November 6, 2019. -- Amended 2018 Ky. Acts ch. 162, sec. 1, effective November 7, 2018. -- Amended 2014 Ky. Acts ch. 17, sec. 1, effective July 15, 2014; and ch. 92, sec. 14, effective January 1, 2015. --. -- Amended 2008 Ky. Acts ch. 79, sec. 18, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 2, sec. 14, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 195, sec. 22, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 288, sec. 31, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 92, effective July 13, 1990; ch. 169, sec. 1, effective July 13, 1990; and ch. 366, sec. 1, effective July 13, 1990. -- Created 1988 Ky. Acts ch. 17, sec. 2, effective July 15, 1988.

Amended by 2023 Ky. Acts ch. 114,§ 4, eff. 6/28/2023.

Amended by 2021 Ky. Acts ch. 197,§ 1, eff. 6/29/2021.

Amended by 2019 Ky. Acts ch. 187,§ 1, eff. 11/6/2019.

Amended by 2018 Ky. Acts ch. 162,§ 1, eff. 11/7/2018.

Amended by 2014 Ky. Acts ch. 92,§ 14, eff. 1/1/2015.

Amended by 2014 Ky. Acts ch. 17,§ 1, eff. 7/15/2014.

Effective:7/15/2008
Amended 2008, Ky. Acts ch. 79, sec. 18, effective7/15/2008. -- Amended 1998, Ky. Acts ch. 2, sec. 14, effective 7/15/1998. -- Amended 1996, Ky. Acts ch. 195, sec. 22, effective 7/15/1996. -- Amended 1992 Ky. Acts ch. 288, sec. 31, effective 7/14/1992. -- Amended 1990 Ky. Acts ch. 48, sec. 92, effective 7/13/1990; ch. 169, sec. 1, effective 7/13/1990; and ch. 366, sec. 1, effective 7/13/1990. -- Created 1988 Ky. Acts ch. 17, sec. 2, effective 7/15/1988.