KRS 83A.175: Filling vacancy in city office or in candidacy for city office.

(1) The election to fill the regular term of a nonpartisan city office shall be conducted

in the manner prescribed in KRS 83A.165 when, in a regular election for

nonpartisan city o ffice no candidates nominated to an office as provided in KRS

83A.170 are available due to death, incapacity, or withdrawal, or when city

legislative body members are to be elected at large and there are fewer nominees

than there are offices to be filled, or when a city has eliminated the primary

pursuant to KRS 83A.045.

(2) Each candidate shall, not earlier than the first Wednesday after the first Monday in

November of the year before the year in which the office will appear on the ballot

and not later tha n the last date prescribed by the election law generally for filing

petitions of nomination with the county clerk as provided in KRS 83A.047, file a

petition for candidacy. The petition shall be prescribed by the State Board of

Elections and shall be signe d by at least two (2) registered voters in the city. Each

voter may sign individual petitions equal to the number of offices to be filled. If a

voter signs petitions for more candidates than he or she is authorized, he or she shall

be counted as a petitioner for the candidate whose petition is filed first.

(3) The county clerk shall examine the petition of each candidate to determine whether

it is regular on its face. If there is an error, the county clerk shall notify the

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

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

been designated by the county clerk.

(5) If, before the certification of candidates who will appear on the ballot, any

candidate wh ose petition has been filed in the office of the county clerk, dies or

notifies the clerk in writing, signed and properly notarized, that he or she will not

accept the election, the clerk shall not cause his or her name to be printed on the

ballot.

(6) If, after the certification of candidates who will appear on the ballot, any candidate

whose name appears thereon shall withdraw pursuant to KRS 118.212, be

disqualified, or die:

(a) Neither the precinct election officers nor the county board of elections sha ll

disclose or report on the official certification of the votes cast for the

candidate;

(b) 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 disclosed or

reported. If the county clerk learns of the death, disqualification, 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;

(c) If there is only one (1) remaining candidate on the ballot for that office in a

primary, following the withdrawal, disqualification, or death of the other

candidate or candidates, neither the precinct election officers nor the county

board of elections shall disclose or report the votes for the remaining

candidate, and the officer with whom the remaining candidate 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 and send a copy to the

remaining candidate.