KRS 118A.100: Filling vacancy for unexpired term -- Petition for nomination --

Ineligibility of Senior Status Special Judge.

(1) Candidates for an unexpired term of a judicial office to be filled at a regular

election shall be nominated at the primary nex t preceding the regular election in the

manner prescribed in KRS 118A.060 if the vacancy occurs not later than the second

Friday in December preceding the primary. If the vacancy occurs on or after that

date, the election to fill the unexpired term shall b e held in accordance with the

procedures described in this section and Section 152 of the Constitution of

Kentucky.

(2) Each candidate shall file a petition for nomination with the Secretary of State not

earlier than the first Wednesday after the first Mon day in November of the year

preceding the year in which the election for the unexpired term will be held and not

later than the first Tuesday after the first Monday in June preceding the day fixed

by law for holding the regular election for the unexpired term, if the vacancy occurs

prior to the first Tuesday following the first Monday in June. If the vacancy occurs

after the first Tuesday following the first Monday in June, each candidate shall file

a petition for nomination with the Secretary of State not later than the second

Tuesday in August preceding the day fixed by law for holding the regular election

for the unexpired term. The petition shall be sworn to by the candidate and by not

less than two (2) registered voters from the district or circuit from which he or she

seeks nomination, before an officer authorized to administer an oath. 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 t he year in

which the office will appear on the ballot. The petition shall be filed no later than 4

p.m. local time at the place of filing when filed on the last date on which the papers

are permitted to be filed.

(3) The petition for nomination shall be in the form prescribed by the State Board of

Elections. 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. Titles, ra nks, or spurious phrases shall not be

accepted on the petition 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 acceptable as the candidate's name.

(4) The Secreta ry of State shall examine the petition of each candidate to determine

whether it is regular on its face. If there is an error, the Secretary of State shall

notify the candidate by certified mail within twenty-four (24) hours of filing.

(5) The order of names on the ballot for each district or circuit, and numbered division

if divisions exist, shall be determined by lot at a public drawing to be held in the

office of the Secretary of State at 2 p.m., standard time, on the Thursday following

the first Tuesday after the first Monday in June preceding the regular election for

those petitions for nomination required to be filed no later than the first Tuesday

following the first Monday in June. For those petitions for nomination required to

be filed no later than the second Tuesday in August, the order of names on the

ballot for each district and circuit, and numbered division if divisions exist, shall be

determined by lot at a public drawing to be held in the office of the Secretary of

State at 2 p.m., standard t ime, on the Thursday following the second Tuesday in

August preceding the regular election.

(6) Not later than the date set forth in KRS 118.215 and after the order of names on the

ballot has been determined as required in subsection (5) of this section, t he

Secretary of State shall:

(a) Certify to the county clerks of the respective counties entitled to participate in

the election of the various candidates, the name and place of residence of each

candidate for each office, by district or circuit, and numbe red division if

divisions exist, as specified in the petitions for nomination filed with the

Secretary of State; and

(b) Designate for the county clerks the office of the Court of Justice with which

the names of candidates shall be printed and the order in which they are to

appear on the ballot.

(7) The ballot position of a candidate shall not be changed after the ballot position has

been designated by the county clerk.

(8) The county clerks of each county shall cause to be printed on the ballots, including

absentee ballots, for the regular election the names of the candidates for offices of

the Court of Justice.

(9) The names of the candidates shall be placed on the ballots in a separate column or

columns or in a separate line or lines and identified by the words "Judicial Ballot,"

and in a manner so that the casting of a vote for all of the candidates of a political

party will not operate to cast a vote for judicial candidates. The words "Vote for

one" or "Vote for one in each division," shall be printed on the appropriate location.

The office, numbered division if divisions exist, and the candidates therefor shall be

clearly labeled. No party designation or emblem of any kind, nor any sign

indicating any candidate's political belief or party affiliation, shall be used on any

ballot.

(10) The candidate receiving the highest number of votes cast at the regular election for

a district or circuit, or for a numbered division if divisions exist, shall be elected.

(11) 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.