ELECTION OF JUDGES

KRS tit. X, ch. 118A

in effect

KRS 118A.010 Definitions -- Applicability of provisions of KRS Chapter 118

118A.010. Definitions -- Applicability of provisions of KRS Chapter 118 As used in this chapter, unless the context otherwise requires: (1) "Ballot" or "official ballot" means the official presentation of offices and candidates to be voted for, including write-in candidates, and all public questions submitted for determination, and shall include a voting machine ballot, a paper ballot, an absentee ballot, a special ballot, or a supplemental paper ballot which has been authorized for the use of the voters in any primary, regular election, or special election by the Secretary of State or the county clerk; (2) "Election" refers only to elections for offices of the Court of Justice; (3) "Voting equipment" means any physical component of a voting system and includes voting machines where voting machines are in operation; (4) "Voting machine" or "machine" means a part of a voting system that consists of: (a) A direct recording electronic voting machine that: 1. Records votes by means of a ballot display provided with mechanical or electro-operated components that may be actuated by the voter; 2. Processes the data by means of a computer program; 3. Records voting data and ballot images in internal and external memory components; and 4. Produces a tabulation of the voting data stored in a removable memory component and on a printed copy; or (b) One (1) or more electronic devices that operate independently or as a combination of a ballot marking device and an electronic or automatic vote tabulating device; and (5) "Voting system" means: (a) The total combination of physical, mechanical, electromechanical, or electronic equipment, including the software, hardware, firmware, and documentation required to program, control, and support that equipment, that is used to: 1. Define ballots; 2. Cast and count votes; 3. Report or display election results; and 4. Maintain and produce any audit trail information; and (b) The practices and associated documentation used to: 1. Identify system components and versions of those components; 2. Test the system during its development and maintenance; 3. Maintain records of system errors and defects; 4. Determine specific system changes to be made to a system after the initial qualification of the system; and 5. Make available any materials to the voter, such as notices, instructions, forms, or paper ballots. No provisions of KRS Chapter 118 existing on March 10, 1976, except KRS 118.015 through 118.045 shall apply to such elections. All other provisions of the election laws not inconsistent with this chapter shall be applicable thereto. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 57, effective June 29, 2021. -- Amended 2003 Ky. Acts ch. 66, sec. 17, effective June 24, 2003. -- Amended 1982 Ky. Acts ch. 360, sec. 42, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 54, sec. 1, effective March 10, 1976.

KRS 118A.020 Justices of the Supreme Court

118A.020. Justices of the Supreme Court Justices of the Supreme Court shall be elected from the Supreme Court districts established by KRS Chapter 21A. Effective: March 10, 1976 History: Created 1976 Ky. Acts ch. 54, sec. 2, effective March 10, 1976.

KRS 118A.030 Judges of the Court of Appeals

118A.030. Judges of the Court of Appeals (1) Judges of the Court of Appeals shall be elected from the same districts as are justices of the Supreme Court. (2) In each Court of Appeals district there shall be, for election purposes, numbered divisions corresponding to the number of Court of Appeals Judges in the district. Each judge shall be elected at large from the entire district. (3) Each numbered division of a district shall be voted upon and shall be tallied separately. Effective: March 10, 1976 History: Created 1976 Ky. Acts ch. 54, sec. 3, effective March 10, 1976.

KRS 118A.040 Circuit Judges

118A.040. Circuit Judges (1) Circuit Judges shall be elected from the judicial circuits established in KRS Chapter 23A. (2) In judicial circuits having two (2) or more judges there shall be, for election purposes, numbered divisions corresponding to the number of Circuit Judges in the circuit. Each judge shall be elected at large from the entire circuit. (3) Each numbered division of a circuit shall be voted upon and shall be tallied separately. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 188, sec. 101, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 54, sec. 4, effective March 10, 1976.

KRS 118A.045 Election of family court judges

118A.045. Election of family court judges (1) Family court judges shall be elected from the judicial circuits established in KRS Chapter 23A and to a family court division so designated by the Supreme Court pursuant to Section 112(6) of the Constitution of Kentucky. (2) All family court divisions as certified by the Clerk of the Supreme Court of Kentucky shall have such designation specifically appear on the ballot. The words "Family Court" shall be printed on the ballot in an appropriate location for divisions of Circuit Court certified by the Clerk of the Supreme Court of Kentucky as family court divisions. Prior to the first Wednesday after the first Monday in November of each scheduled election year, the Clerk of the Supreme Court of Kentucky shall certify the divisions of Circuit Court within a judicial circuit that are designated as family court divisions and deliver such certification to the Secretary of State. (3) Except as provided in KRS 23A.070, in judicial circuits having two (2) or more judges there shall be, for election purposes, numbered divisions corresponding to the number of Circuit Judges in the circuit. Each judge shall be elected at large from the entire circuit. (4) Each numbered division of a circuit shall be voted upon and shall be tallied separately. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 124, sec. 2, effective June 20, 2005. -- Created 2003 Ky. Acts ch. 66, sec. 3, effective June 24, 2003.

KRS 118A.050 District Judges

118A.050. District Judges (1) District Judges shall be elected from judicial districts. (2) In judicial districts having two (2) or more judges there shall be, for election purposes, numbered divisions corresponding to the number of District Judges in the district. Each judge shall be elected at large from the entire district. (3) Each numbered division of a district shall be voted upon and shall be tallied separately. Effective: March 10, 1976 History: Created 1976 Ky. Acts ch. 54, sec. 5, effective March 10, 1976.

KRS 118A.060 Petition for nomination -- Examination of petition -- Form and order of names on ballot -- Duties of Secretary of State -- Ballot position unalterable -- Certification of nomination. (Effective until January 1, 2027)

118A.060. Petition for nomination -- Examination of petition -- Form and order of names on ballot -- Duties of Secretary of State -- Ballot position unalterable -- Certification of nomination. (Effective until January 1, 2027) (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 nom ination 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 Janua ry 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 wh ich 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 Secretary of State. 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 dra wing 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. Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 175, sec. 16, effective April 14, 2026. -- Amended 2024 Ky. Acts ch. 224, sec. 23, effective April 27, 2024. -- Amended 2021 Ky. Acts ch. 197, sec. 58, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 187, sec. 3, effective November 6, 2019. -- Amended 2008 Ky. Acts ch. 79, sec. 15, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 275, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 2, sec. 10, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 296, sec. 18, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 60, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 238, sec. 3, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 470, sec. 37, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 25, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 33, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 11. -- Created 1976 Ky. Acts ch. 54, sec. 6, effective March 10, 1976. Legislative Research Commission Note (7/15/2008). The Reviser of Statutes has corrected a manifest clerical or typographical error in the way this statute was amended in 2008 Ky. Acts ch. 79, sec. 15. In that Act, subsection (3) of this statute was inadvertently delet ed and subsection (2) of this statute was inadvertently repeated, then amended. This change has been made under the authority of KRS 7.136(1)(h). Legislative Research Commission Note (1/13/93). Pursuant to KRS 7.136(1)(e), the prior reference to KRS 118A. 110 which appeared in subsection (1) of this statute has been deleted because of the repeal of KRS 118A.110 by 1992 Ky. Acts ch. 454, sec. 2, effective July 14, 1992.

KRS 118A.065 Disclosure of political party affiliation of candidate for nonpartisan judicial office

118A.065. Disclosure of political party affiliation of candidate for nonpartisan judicial office (1) A candidate for judicial office may publicly disclose his or her political party affiliation, including but not limited to: (a) Identifying himself or herself as a member of a political party; (b) Stating current voter registration status or past or current party affiliation; and (c) Communicating political values or viewpoints consistent with his or her party affiliation. (2) A candidate for judicial office shall not: (a) Claim to be the official nominee of a political party for judicial office; (b) Use language or materials that imply nomination, designation, or endorsement by a political party; or (c) Use party symbols, slogans, or imagery in a manner that would mislead a reasonable person to believe the candidate is running in a partisan election or was selected by a political party to represent it. (3) This section shall not be construed to authorize partisan elections for judicial office or to permit political party nomination, designation, or ballot labeling of candidates for judicial office. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 175, sec. 36, effective July 15, 2026.

KRS 118A.080 Denial of right to have name placed on ballot -- Restoration -- Ineligibility of Senior Status Special Judge

118A.080. Denial of right to have name placed on ballot -- Restoration -- Ineligibility of Senior Status Special Judge (1) No person who was a candidate for nomination for any office of the Court of Justice in a primary and who, before the succeeding regular election, is declared by the final judgment of any court of competent jurisdiction to have violated, in the primary, any provision of KRS Chapter 121, or to be responsible for such violation by others, shall have his or her name placed on the ballot for any office to be voted for in the succeeding regular election. However, if such judgment is subsequently reversed prior to the time of printing of the ballots, the candidate's name shall be restored on the ballot. (2) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge. Effective: June 25, 2013 History: Amended 2013 Ky. Acts ch. 66, sec. 9, effective June 25, 2013. -- Created 1976 Ky. Acts ch. 54, sec. 8, effective March 10, 1976.

KRS 118A.090 Determination of order of names on ballot for regular election -- Secretary of State's duties -- Ballot labels -- Ballot position unalterable -- District, circuit, or numbered division candidate with most votes elected

118A.090. Determination of order of names on ballot for regular election -- Secretary of State's duties -- Ballot labels -- Ballot position unalterable -- District, circuit, or numbered division candidate with most votes elected (1) For the regular election, 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 first Tuesday after the first Monday in June preceding the regular election, except as provided in KRS 118A.100(5). (2) Not later than the date set forth in KRS 118.215(1)(b) after the filing deadline for the regular election in a year in which there is no election for President and Vice President of the United States, or not later than the date set forth in KRS 118.215(1)(c) preceding a regular election in a year in which there is an election for President and Vice President of the United State s, and after the order of names on the ballot has been determined as required in subsection (1) 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 certified under KRS 118A.060; and (b) Designate for the county clerks the office of the Court of Justice w ith which the names of candidates shall be printed and the order in which they are to appear on the ballot. (3) The ballot position of a candidate shall not be changed after the ballot position has been designated by the Secretary of State. The county cler ks of each county shall cause to be printed on the ballots for the regular elections the names of the candidates for offices of the Court of Justice. (4) 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," and in such a manner that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for judicial candidates. 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 thereof if divisions exist, and the candidates therefor 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 any ballot. (5) The candidate receiving the highest number of votes cast at the regular election for a district or circuit, or for a numbered division thereof if divisions exist , shall be elected. Effective: April 27, 2024 History: Amended 2024 Ky. Acts ch. 224, sec. 24, effective April 27, 2024. -- Amended 2021 Ky. Acts ch. 197, sec. 59, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 162, sec. 5, effective November 7, 2018. -- Amended 2008 Ky. Acts ch. 79, sec. 16, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 2, sec. 11, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 195, sec. 19, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 296, sec. 19, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 61, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 38, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 26, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 12. -- Created 1976 Ky. Acts ch. 54, sec. 9, effective March 10, 1976. Legislative Research Commission Note (2/12/2018). In subsection (2) of this statute, a reference to "KRS 118.215(1)(c)" has been changed to read "KRS 118.215(1)(b)," and a reference to "KRS 118.215(1)(d)" has been changed to read "KRS 118.215(1)(c)." When KRS 118.215 was amended in 2008 Ky. Acts ch. 129, sec. 8, the paragraphs in subsection (1) of that statute were renumbered, but this statute was not included in that Act to also conform the citations to the paragraphs of KRS 118.215(1) in this statute. The Reviser of Statutes has made the conforming change under the authority of KRS 7.136.

KRS 118A.100 Filling vacancy for unexpired term -- Petition for nomination -- Ineligibility of Senior Status Special Judge

118A.100. Filling vacancy for unexpired term -- Petition for nomination -- Ineligibility of Senior Status Special Judge (1) Candidates for an unexpired term of a judicial office to be filled at a regular election shall be nominated at the primary nex t preceding the regular election in the manner prescribed in KRS 118A.060 if the vacancy occurs not later than the second Friday in December preceding the primary. If the vacancy occurs on or after that date, the election to fill the unexpired term shall b e held in accordance with the procedures described in this section and Section 152 of the Constitution of Kentucky. (2) Each candidate shall file a petition for nomination with the Secretary of State not earlier than the first Wednesday after the first Mon day in November of the year preceding the year in which the election for the unexpired term will be held and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for holding the regular election for the unexpired t erm, if the vacancy occurs prior to the first Tuesday following the first Monday in June. If the vacancy occurs after the first Tuesday following the first Monday in June, each candidate shall file a petition for nomination with the Secretary of State not later than the second Tuesday in August preceding the day fixed by law for holding the regular election for the unexpired term. The petition shall be sworn to by the candidate and by not less than two (2) registered voters from the district or circuit from which he or she seeks nomination, before an officer authorized to administer an oath. 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 t he 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) 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, ra nks, 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. (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. (5) 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 first Tuesday after the first Monday in June preceding the regular election for those petitions for nomination required to be filed no later than the first Tuesday following the first Monday in June. For those petitions for nomination required to be filed no later than the second Tuesday in August, the order of names on the ballot for each district and 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 second Tuesday in August preceding the regular election. (6) Not later than the date set forth in KRS 118.215 and after the order of names on the ballot has been determined as required in subsection (5) 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 the Secretary of State; 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. (7) The ballot position of a candidate shall not be changed after the ballot position has been designated by the county clerk. (8) The county clerks of each county shall cause to be printed on the ballots, including absentee ballots, for the regular election the names of the candidates for offices of the Court of Justice. (9) 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," and in a manner so that the casting of a vote for all of the candidates of a political party will not operate to cast a vote for judicial candidates. The words "Vote for one" or "Vote for one in each division," shall be printed on the appropriate location. The office, numbered division if divisions exist, and the candidates therefor 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 any ballot. (10) The candidate receiving the highest number of votes cast at the regular election for a district or circuit, or for a numbered division if divisions exist, shall be elected. (11) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge. Effective: April 27, 2024 History: Amended 2024 Ky. Acts ch. 224, sec. 25, effective April 27, 2024. -- Amended 2021 Ky. Acts ch. 197, sec. 60, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 187, sec. 12, effective November 6, 2019. -- Amended 2018 Ky. Acts ch. 162, sec. 6, effective November 7, 2018. -- Amended 2013 Ky. Acts ch. 66, sec. 8, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 123, sec. 9, effective July 15, 2010. -- Amended 1998 Ky. Acts ch. 2, sec. 12, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 195, sec. 20, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 296, sec. 20, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 62, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 185, sec. 4, effective January 1, 1987; and ch. 470, sec. 39, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 27, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 34, effective July 15, 1982; and ch. 449, sec. 14, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 13. -- Created 1976 Ky. Acts ch. 54, sec. 10, effective March 10, 1976.

KRS 118A.130 Candidate's name to appear but once

118A.130. Candidate's name to appear but once No judicial candidate's name shall appear on any ballot more than once. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 197, sec. 62, effective June 29, 2021. -- Amended 1992 Ky. Acts ch. 296, sec. 21, effective July 14, 1992. -- Created 1976 Ky. Acts ch. 54, sec. 13, effective March 10, 1976.

KRS 118A.140 Register of candidates -- Display of information on website

118A.140. Register of candidates -- Display of information on website (1) The Secretary of State shall keep a book entitled "Register of Candidates for Nomination to Offices of the Court of Justice." The Secretary of State shall enter in that book the name, the email address or post office box address, the office sought, and the district number of the office sought, if applicable, of each candidate for nomination to the office of justice or judge in the primary, the date of receipt of his or her nomination papers, and petitions for candidacy filed pursuant to KRS 118A.100. The book shall be a public record. (2) The Secretary of State shall prominently display a candidate's information derived from subsection (1) of this section on the Secretary of State's official website within five (5) business days following the date of receiving a candidate's nomination papers and petitions for candidacy of each candidate. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 125, sec. 22, effective June 2 7, 2025. -- Amended 2022 Ky. Acts ch. 219, sec. 10, effective July 14, 2022. -- Created 1976 Ky. Acts ch. 54, sec. 14, effective March 10, 1976. Legislative Research Commission Note (1/13/93). Pursuant to KRS 7.136(1)(e), the prior reference to KRS 118A.110 which appeared in subsection (2) of this statute has been deleted because of the repeal of KRS 118A.110 by 1992 Ky. Acts ch. 454, sec. 2, effective July 14, 1992.

KRS 118A.150 Certification of candidates -- Ballots -- Effect of death, disqualification, or withdrawal of candidate -- Penalty

118A.150. Certification of candidates -- Ballots -- Effect of death, disqualification, or withdrawal of candidate -- Penalty (1) In certification of candidates for judicial office, no reference shall be made to political affiliation. (2) The Secretary of State shall not knowingly certify to the county clerk of any county the name of any candidate who has not filed the required nomination or candidacy papers, nor knowingly fail to certify the name of any candidate who has filed the required nomination or candidacy papers. (3) No county clerk shall knowingly cause to be printed on any ballots or absentee ballots for any election, the name of a candidate for an office of the Court of Justice who has not been certified in the manner specified in this chapt er. (4) If, before the time of certification of candidates who will appear on the ballot provided for in this chapter, any candidate whose petition or certificate of nomination or petition for candidacy has been filed, dies, is disqualified, or notifies the Secretary of State in writing, signed and properly notarized, that he or she will not accept the nomination or election, the Secretary of State shall not certify his or her name. (5) If, after the certification of candidates who will appear on the ballot, any candidate whose petition or certificate of nomination or petition for candidacy has been filed, dies, is disqualified, or notifies the Secretary of State in the manner described in subsection (4) of this section, that he or she 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 (7) of this section. (6) If after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall withdraw, be disqualified, or die, neither the precinct election officers nor the county board of elections shall disclose or report on the official certification of the votes cast for the candidate; and, in a primary, if there are only one (1) or two (2) remaining candidates on the ballot for that office, following the withdrawal, disqualification, or death of the other candidate or candidates, neither the precinct election officers nor the county board of elections shall disclose or report on the official certification of 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. (7) If, after the certification of candidates who will appear on the ballot, any candidate whose name appears on the ballot shall withdraw pursuant to KRS 118.212, be disqualified, or die, 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 disclosed or reported. If the county clerk learns of the death, disqualification, 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, subject to a fine of not less than ten dollars ($10) nor more than two hundred fifty dollars ($250). Effective: April 14, 2026 History: Amended 2026 Ky. Acts ch. 175, sec. 27, effective April 14, 2026. -- Amended 2021 Ky. Acts ch. 197, sec. 61, effective June 29, 2021. -- Amended 2003 Ky. Acts ch. 101, sec. 4, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 2, sec. 13, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 48, sec. 63, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 40, effective July 15, 1986. -- Created 1976 Ky. Acts ch. 54, sec. 15, effective March 10, 1976.

KRS 118A.160 Hours for filing -- Inspection

118A.160. Hours for filing -- Inspection All nomination or candidacy papers filed under this chapter shall during normal business hours be subject to inspection by any person. Effective: March 10, 1976 History: Created 1976 Ky. Acts ch. 54, sec. 16, effective March 10, 1976.

KRS 118A.190 Issuance of certificates by State Board of Elections -- Tie votes

118A.190. Issuance of certificates by State Board of Elections -- Tie votes (1) The State Board of Elections shall issue certificates of nomination or election for all primary and regular elections as provided in this section. (2) Following a primary or regular election, the board of elections of each county shall make out duplicate certificates of the total number of votes received by each candidate, by circuit or district, and numbered division thereof if divisions exist. The certificate of the total number of votes shall be certified to the Secretary of State's Office not later than 12 noon, prevailing time, on the Friday following the primary or regular election. The clerk shall keep one (1) of the certificates in his or her office and, within three (3) days of their receipt from the board, shall forward the other certificate by mail to the Secretary of State who shall deliver it to the State Board of Elections. (3) The State Board of Elections shall meet to count and tabulate the votes received by the different candidates as certified to the Secretary of State no later than the third Monday after the primary or regular election. When the board certifies the results of a primary or regular election, the right to contest the election or primary shall not be impaired. A majority of the members of the board shall constitute a quorum and may act. The board shall prepare the certificates of nomination or election in the office of the board, from the returns made. The certificates shall be in writing and in duplicate, and shall be signed by the board members. The board shall forward the original certificate, by mail, to the nominated or elected candidate, unless he or she has failed to comply with KRS Chapter 121. The duplicate shall be retained in the office of the board. (4) Certificates of nomination for a judicial office shall be issued to the two (2) candidates receiving the highest number of votes, except that if more than two (2) candidates are found to have received the highest and an equal number of votes for the same office or if two (2) or more candidates are found to have received the second highest and an equal number of votes for the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons. (5) The certificate of election for a judicial office shall be issued to the candidate receiving the highest number of votes, except that if two (2) or more candidates are found to have received the highest and an equal number of votes for the same office, the election shall be determined by lot in the manner the board directs, in the presence of not less than three (3) other persons. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 123, sec. 10, effective July 15, 2010. -- Amended 1986 Ky. Acts ch. 470, sec. 41, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 318, sec. 11, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 54, sec. 19, effective March 10, 1976.

KRS 118A.990 Penalty

118A.990. Penalty Any person who violates any of the provisions of this chapter or who fails to perform his duties in the manner specified in this chapter shall be guilty of a Class A misdemeanor. Effective: March 10, 1976 History: Created 1976 Ky. Acts ch. 54, sec. 29, effective March 10, 1976.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37595Fetched: 10/20/2026