KRS § 83A.175 — KY Code / Title IX / Chapter 83A / Section 83A.175
83A.175 Filling vacancy in city office or in candidacy for city office
Status: in_force

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 office 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 than 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 signed 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

whose 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 or die:

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

tabulate or record 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 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;

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

primary, 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, 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.