KRS § 117.265 — KY Code / Title X / Chapter 117 / Section 117.265
117.265 Write-in votes -- Requirements -- Persons ineligible to be write-in candidate -- Certified lists of qualified candidates
Status: in_force

117.265 Write-in votes -- Requirements -- Persons ineligible to be write-in

candidate -- Certified lists of qualified candidates.

(1) A voter may, at any regular or special election, cast a write-in vote for any person

qualified as provided in subsection (2) or (3) of this section, whose name does not

appear upon the ballot for any office, by writing the name of his or her choice upon

the appropriate ballot for the office being voted on as required by KRS 117.125.

Any candidate who is defeated or disqualified in a partisan or nonpartisan primary

shall be ineligible as a candidate for the same office in the regular election, unless

there is a vacancy pursuant to KRS 118.105(3). Any voter utilizing a federal

provisional ballot, a federal provisional in-person absentee ballot, or a mail-in

absentee ballot for a regular or special election may write in a vote for any eligible

person whose name does not appear upon the ballot, by writing the name of his or

her choice under the office.

(2) Write-in votes shall be counted only for candidates for election to office who have

filed a declaration of intent to be a write-in candidate with the Secretary of State or

county clerk, depending on the office being sought, on or before the certification

deadlines established in KRS 118.215(1)(a) to (c) and 118A.090(2) and not later

than the second Friday before the date of a special election. In the case of a special

election administered under KRS 118.730, a declaration of intent to be a write-in

candidate shall be filed at least twenty-eight (28) days before the day of the

election. The declaration of intent shall be filed no earlier than the first Wednesday

after the first Monday in November of the year preceding the year the office will

appear on the ballot, and no later than 4 p.m. local time at the place of filing when

filed on the last date on which papers may be filed. The declaration of intent shall

be on a form prescribed and furnished by the Secretary of State.

(3) A person shall not be eligible as a write-in candidate:

(a) For more than one (1) office in a regular or special election; or

(b) If his or her name appears upon the ballot for any office, except that the

candidate may file a notice of withdrawal prior to filing an intent to be a

write-in candidate for office when a vacancy in a different office occurs

because of:

1. Death;

2. Disqualification to hold the office sought;

3. Severe disabling condition which arose after the nomination; or

4. The nomination of an unopposed candidate.

(4) Persons who wish to run for President and Vice President shall file a declaration of

intent to be a write-in candidate, along with a list of presidential electors pledged to

those candidates, with the Secretary of State on or before the fourth Friday in

October preceding the date of the regular election for those offices. The declaration

of intent shall be filed no earlier than the first Wednesday after the first Monday in

November of the year preceding the year the office will appear on the ballot, and no

later than 4 p.m. local time at the place of filing when filed on the last date on

which papers may be filed. Write-in votes cast for the candidates whose names

appear on the ballot shall apply to the slate of pledged presidential electors, whose

names shall not appear on the ballot.

(5) The county clerk shall provide to the precinct election officers certified lists of

those persons who have filed declarations of intent as provided in subsections (2)

and (3) of this section. These lists shall not be posted anywhere, but a voter may

request to see a copy of the list. Once the voter has reviewed the copy, it shall

immediately be returned to the precinct election officer. Only write-in votes cast for

qualified candidates shall be counted.

(6) Two (2) election officers of opposing parties shall upon the request of any voter

instruct the voter on how to cast a write-in vote.