KRS § 83A.045 — KY Code / Title IX / Chapter 83A / Section 83A.045
83A.045 Laws governing partisan and nonpartisan elections
Status: in_force

83A.045 Laws governing partisan and nonpartisan elections.

(1) Except as provided in KRS 83A.047, partisan elections of city officers shall be

governed by the following provisions, regardless of the form of government or

classification of the city:

(a) A candidate for party nomination to city office shall file his or her nomination

papers with the county clerk of the county 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 first Friday following

the first Monday in January before the day fixed by KRS Chapter 118 for

holding a primary for the office sought. Signatures for nomination papers

shall not be affixed on the document to be filed prior to the first Wednesday

after the first Monday in November of the year preceding the year in which

the office will appear on the ballot. All nomination papers shall be filed no

later than 4 p.m. local time when filed on the last day on which the papers are

permitted to be filed;

(b) An independent candidate for nomination to city office shall not participate in

a primary, but shall file his or her nomination papers with the county clerk of

the county 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 first Tuesday after the first Monday in June

before the day fixed by KRS Chapter 118 for holding a regular election for the

office. Signatures for nomination papers shall not be affixed on the document

to be filed prior to the first Wednesday after the first Monday in November of

the year preceding the year in which the office will appear on the ballot. All

nomination papers shall be filed no later than 4 p.m. local time when filed on

the last day on which the papers are permitted to be filed; and

(c) A candidate for city office who is defeated in a partisan primary shall be

ineligible as a candidate for the same office in the regular election. However,

if a vacancy occurs in the party nomination for which he or she was an

unsuccessful candidate in the primary, his or her name may be placed on the

ballot for the regular election as a candidate of that party if he or she has been

duly made the party nominee after the vacancy occurs, as provided in KRS

118.105.

(2) Except as provided in KRS 83A.047, nonpartisan elections of city officers shall be

governed by KRS 83A.050, 83A.170, 83A.175, and the following provisions,

regardless of the form of government or classification of the city:

(a) A candidate for city office shall file his or her nomination papers with the

county clerk of the county 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 first Friday following the first

Monday in January before the day fixed by KRS Chapter 118 for holding a

primary for nominations for the office. Signatures for nomination papers shall

not be affixed on the document to be filed prior to the first Wednesday after

the first Monday in November of the year preceding the year in which the

office will appear on the ballot. All nomination papers shall be filed no later

than 4 p.m. local time when filed on the last day on which the papers are

permitted to be filed;

(b) Any city of the home rule class may by ordinance provide that the nomination

and election of candidates for city office in a nonpartisan election shall be

conducted pursuant to the provisions of this subsection:

1. A city may forgo conducting a nonpartisan primary for the nomination

of candidates to city office, regardless of the number of candidates

running for each office, and require all candidates to file their

nomination papers with the county clerk of the county 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 first Tuesday after the first Monday in June before the day

fixed by KRS Chapter 118 for holding a regular election for the office.

Signatures for nomination papers shall not be affixed on the document

to be filed prior to the first Wednesday after the first Monday in

November of the year preceding the year in which the office will appear

on the ballot;

2. All nomination papers shall be filed no later than 4 p.m. local time when

filed on the last day on which the papers are permitted to be filed;

3. If a city does not conduct a primary pursuant to this subsection, the

election of candidates to city office shall be governed by the provisions

of this subsection, KRS 83A.175(2) to (6), and KRS Chapters 116 to

121;

4. In the absence of a primary pursuant to this subsection, the number of

candidates equal to the number of city offices to be filled who receive

the highest number of votes cast in the regular election for each city

office shall be elected;

5. Candidates shall be subject to all other applicable election laws pursuant

to this chapter and KRS Chapters 116 to 121;

6. If a vacancy occurs in a candidacy for city office in any city which has

not held a primary pursuant to this subsection after the expiration of

time for filing nomination papers, or if there are fewer candidates than

there are offices to be filled, the vacancy in candidacy shall be filled by

write-in voting; and

7. At the regular election, 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; and

(c) A candidate for city office who is defeated in a nonpartisan primary shall be

ineligible as a candidate for the same office in the regular election.

(3) Any city enacting an ordinance eliminating the nonpartisan primary as authorized

by subsection (2)(b) of this section or enacting an ordinance that repeals a

previously enacted ordinance that eliminated the nonpartisan primary authorized by

subsection (2)(b) of this section shall file the ordinance with the county clerk of the

county or counties in which the city is located no later than the first Wednesday

after the first Monday in November of the year preceding the year in which city

elections are held.