KRS § 83A.170 — KY Code / Title IX / Chapter 83A / Section 83A.170
83A.170 Nonpartisan primaries
Status: in_force

83A.170 Nonpartisan primaries.

(1) In any city which has under the provisions of KRS 83A.045 or 83A.050 required

nonpartisan city elections, no person shall be elected to city office except as

provided in this section or as otherwise provided in this chapter relating to

nonpartisan elections.

(2) No person shall be elected to city office without being nominated in the manner

provided in this section at a nonpartisan primary to be held at the time prescribed by

KRS Chapters 116 to 121, except as otherwise provided in this chapter. Nonpartisan

primaries shall be conducted by the same officers, chosen and acting in the same

manner, with the same rights and duties as in regular elections.

(3) Each applicant for nomination shall, not earlier than the first Wednesday after the

first Monday in November of the year preceding 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 notification and declaration forms with the county clerk as

provided in KRS 83A.047, file a petition of nomination, which shall be in the form

prescribed by the State Board of Elections 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.

(4) 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.

(5) Immediately upon expiration of the time for filing petitions, the county clerk shall

have published in accordance with KRS Chapter 424 the names of the applicants as

they will appear before the voters at the primary.

(6) Subsection (5) of this section shall not apply if it appears, immediately upon

expiration of the time for filing petitions, that there are not more than two (2)

applicants for nomination for each city office to be filled, or, when the nominations

are for city legislative body members in cities electing legislative body members at

large, and there are no more than twice the number of applicants for nomination for

the number of offices to be filled. In that case, the applicants for nomination shall

thereby be nominated and no drawing for ballot position nor primary election shall

be held for that office.

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

been designated by the county clerk.

(8) If, before the time of 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 nomination, the clerk shall not cause the candidate's name to be printed

on the ballot.

(9) 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; and

(c) In a primary, if there are only one (1) or two (2) remaining candidates on the

ballot for that office, 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 or

candidates, and the officer with whom the remaining candidate or candidates

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 or

candidates and send a copy to the remaining candidate or candidates.

(10) Names of applicants for each nomination shall be placed before the voters of the

city. The voters shall be instructed to vote for one (1) candidate, except when there

is more than one (1) candidate for which voters may vote, the instruction "vote for

up to .... candidates" shall be used on the ballot. No party designation or emblem of

any kind nor any sign indicating any applicant's political belief or party affiliation

shall be used.

(11) Persons qualified to vote at a regular election shall be qualified to vote at a

nonpartisan primary and the law applicable to challenges made at a regular election

shall be applicable to challenges made at a nonpartisan primary.

(12) Votes shall be counted as provided in general election laws, pursuant to KRS

Chapters 116 to 121, and the result shall be published as provided in KRS Chapter

424.

(13) The two (2) applicants receiving the highest number of votes for nomination for

each city office shall be nominated; or where the nominations are for city legislative

body members in cities electing legislative body members at large, there shall be

nominated the number of applicants receiving the highest number of votes equal to

twice the number of offices to be filled. If two (2) candidates are tied for the second

highest number of votes in a mayoral election, the names of those two (2)

candidates, plus the name of the candidate receiving the highest number of votes,

shall be placed upon the ballot.

(14) At the regular election following a nonpartisan primary, the names of the successful

nominees and candidates who have filed a petition of candidacy as provided in this

chapter to fill a vacancy shall be placed before the voters.

(15) The nominee or candidate receiving the greater number of votes cast for each city

office shall be elected.

(16) KRS Chapters 116 to 121 prescribing duties of county clerks and other public

officers in the conduct of elections shall be applicable in all respects to nonpartisan

city elections, except no election officer or other person within a polling place shall

tell or indicate to a voter, by word of mouth or otherwise, the political affiliation of

any candidate for city office.