KRS § 118A.060 — KY Code / Title X / Chapter 118A / Section 118A.060
118A.060 Petition for nomination -- Examination of petition -- Form and order of names on ballot -- Secretary of State's duties -- Ballot position unalterable -- Certification of nomination
Status: in_force

118A.060 Petition for nomination -- Examination of petition -- Form and order of

names on ballot -- Secretary of State's duties -- Ballot position unalterable --

Certification of nomination.

(1) Except as provided in KRS 118A.100, no person's name shall appear on a ballot,

including an absentee ballot, for an office of the Court of Justice without first

having been nominated as provided in this section.

(2) Each candidate for nomination shall file a petition for nomination with the

Secretary of State 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

preceding the day fixed by law for holding the primary for the office. The petition

shall be sworn to before an officer authorized to administer an oath by the candidate

and by not less than two (2) registered voters from the district or circuit from which

he or she seeks nomination. 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. The petition shall be filed no later than 4 p.m. local time at the place of filing

when filed on the last date on which the papers are permitted to be filed.

(3) (a) The petition for nomination shall be in the form prescribed by the State Board

of Elections. The petition shall include a declaration sworn to by the

candidate, that he or she possesses all the constitutional and statutory

requirements of the office for which the candidate has filed. Titles, ranks, or

spurious phrases shall not be accepted on the petition and shall not be printed

on the ballots as part of the candidate's name; however, nicknames, initials,

and contractions of given names may be acceptable as the candidate's name.

(b) The Secretary of State shall certify the exact spelling and form of the name of

the candidate to be printed on all ballots in accordance with the requirements

listed in KRS 118.129.

(4) The Secretary of State shall examine the petition of each candidate to determine

whether it is regular on its face. If there is an error, the Secretary of State shall

notify the candidate by certified mail within twenty-four (24) hours of filing. The

order of names on the ballot for each district or circuit, and numbered division if

divisions exist, shall be determined by lot at a public drawing to be held in the

office of the Secretary of State at 2 p.m., standard time, on the Thursday following

the filing deadline for the primary as established in this section and in KRS

83A.045 and 118.165.

(5) Not later than the date set forth in KRS 118.215(1)(a) preceding the primary, and

after the order of names on the ballot has been determined as required in subsection

(4) of this section, the Secretary of State shall:

(a) Certify to the county clerks of the respective counties entitled to participate in

the election of the various candidates, the name and place of residence of each

candidate for each office, by district or circuit, and numbered division if

divisions exist, as specified in the petitions for nomination filed with him or

her; and

(b) Designate for the county clerks the office of the Court of Justice with which

the names of candidates shall be printed and the order in which they are to

appear on the ballot.

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

been designated by the Secretary of State.

(7) The county clerks of each county shall cause to be printed on the ballots for the

primary the names of the candidates for offices in the Court of Justice.

(8) The names of the candidates shall be placed on the ballots in a separate column or

columns or in a separate line or lines and identified by the words "Judicial Ballot."

The words "Vote for one," or "Vote for one in each division," shall be printed on

the ballot in an appropriate location. The office, numbered division if divisions

exist, and the candidates shall be clearly labeled. No party designation or emblem

of any kind, nor any sign indicating any candidate's political belief or party

affiliation, shall be used on the ballots.

(9) The two (2) candidates receiving the highest number of votes for nomination for

justice or judge of a district or circuit, or numbered division if divisions exist, shall

be nominated. Certificates of nomination shall be issued as provided in KRS

118A.190.

(10) If it appears after expiration of the time for filing petitions for nomination that there

are not more than two (2) candidates who have filed the necessary petitions for a

place on the ballot in the regular election, no drawing for ballot position shall be

held and the Secretary of State shall immediately issue and file in the Secretary's

office certificates of nomination, and send copies to the candidates.