KRS § 118.212 — KY Code / Title X / Chapter 118 / Section 118.212
118.212 When candidate's name not to be certified or printed on ballot -- Effect of death or withdrawal of candidate -- Notice required at polls -- Penalty
Status: in_force

118.212 When candidate's name not to be certified or printed on ballot -- Effect of

death or withdrawal of candidate -- Notice required at polls -- Penalty.

(1) If, before the time of certification of candidates who will appear on the ballot

provided in KRS 118.215, any candidate whose notification and declaration or

certificate or petition of nomination has been filed in the office of the Secretary of

State dies or notifies the Secretary of State in writing, signed and properly notarized

that he will not accept the nomination or election, the Secretary of State shall not

certify his name.

(2) If, after the certification of candidates who will appear on the ballot as provided in

KRS 118.215, any candidate whose notification and declaration or certificate or

petition of nomination has been filed in the office of the county clerk dies or

notifies the clerk, in the manner described in subsection (1) of this section, that he

will not accept the nomination or election, the clerk shall ensure that notice is

provided to the appropriate precincts as provided in subsection (5) of this section.

(3) If, after the certification of candidates who will appear on the ballot as provided in

KRS 118.215, any candidate whose notification and declaration or certificate or

petition of nomination has been filed in the office of the Secretary of State dies or

notifies the Secretary of State in the manner described in subsection (1) of this

section, that he will not accept the nomination or election, the Secretary of State

shall immediately notify the appropriate county clerk, and the clerk shall ensure that

notice is provided to the appropriate precincts as provided in subsection (5) of this

section.

(4) If, after the certification of candidates who will appear on the ballot as provided in

KRS 118.215, any candidate whose name appears on the ballot shall officially

withdraw or die, neither the precinct election officers nor the county board of

elections shall tabulate or record the votes cast for the candidate; and, if there is

only one (1) remaining candidate on the ballot for that office in a primary election,

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.

(5) If, after the certification of candidates who will appear on the ballot as provided in

KRS 118.215, any candidate whose name appears on the ballot shall officially

withdraw or die, the county clerk shall provide a notice to the precinct election

officers who shall see that the 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 notice required by this subsection and the

precinct officers fail to post the notice at the polling place, the precinct officers

shall be guilty of a violation subject to a fine of not less than ten dollars ($10) nor

more than two hundred fifty dollars ($250).