KRS ch. 118 | Kentucky Revised Statutes, Chapter 118 — Conduct of Elections

Title X — Elections

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-08-30.

Title X Elections

Chapter 118 Conduct of Elections

118.010 Repealed, 1972.

[Repealed]

118.015 Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

(1) "Political party" means an affiliation or organization of electors representing a political policy and having a constituted authority for its government and regulation, and whose candidate received at least ten percent (10%) of the total vote cast at the last preceding election at which presidential electors were voted for;

(2) "Election," used in reference to a state, district, county, or city election, includes the decisions of questions submitted to the qualified voters as well as the choice of officers by them;

(3) "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 federal provisional ballot, a federal provisional absentee 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;

(4) "Ballot box" means any box, bag, or other container that can be locked, sealed, or otherwise rendered tamper-resistant, for receiving ballots;

(5) "Election officer" means any person tasked with election administration within this state, as context dictates the defined role, including but not limited to the Secretary of State and his or her employees, members of the State Board of Elections and staff, members of the county boards of election and staff, precinct election officers, election officials, and poll workers;

(6) "Voting equipment" means any physical component of a voting system and includes voting machines where voting machines are in operation;

(7) "Voting machine" or "machine" means a part of a voting system that consists of:

(a) A direct recording electronic voting machine that:

Records votes by means of a ballot display provided with mechanical or electro-operated components that may be actuated by the voter;
Processes the data by means of a computer program;
Records voting data and ballot images in internal and external memory components; and
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;

(8) "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:

Define ballots;
Cast and count votes;
Report or display election results; and
Maintain and produce any audit trail information; and

(b) The practices and associated documentation used to:

Identify system components and versions of those components;
Test the system during its development and maintenance;
Maintain records of system errors and defects;
Determine specific system changes to be made to a system after the initial qualification of the system; and
Make available any materials to the voter, such as notices, instructions, forms, or paper ballots;

(9) "Resident," used in reference to a candidate in a state, district, county, or city election means actual resident, without regard to the residence of the spouse of the candidate;

(10) "Political organization" means a political group not constituting a political party within the meaning of subsection (1) of this section but whose candidate received two percent (2%) or more of the vote of the state at the last preceding election for presidential electors; and

(11) "Political group" means a political group not constituting a political party or a political organization within the meaning of subsections (1) and (10) of this section.

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 10, effective April 14, 2026. -- Amended 2022 Ky. Acts ch. 87, sec. 23, effective April 7, 2022. -- Amended 2021 Ky. Acts ch. 197, sec. 47, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 89, sec. 27, effective July 15, 2020. -- Amended 2002 Ky. Acts ch. 63, sec. 9, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 2, sec. 1, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 48, sec. 35, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 295, sec. 2, effective July 15, 1982; and ch. 360, sec. 41, effective July 15, 1982; and ch. 402, sec. 6, effective January 1, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 252, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 1, effective March 19, 1977. -- Created 1974 Ky. Acts ch. 130, sec. 97, effective June 21, 1974.

118.020 Repealed, 1972.

[Repealed]

118.025 Voting to be by secret paper ballot -- General laws applicable -- Time for holding elections.

(1) Except as otherwise provided by law, voting in all primaries and elections shall be by secret paper ballot.

(2) The general laws applying to primaries, regular elections, and special elections shall apply to primaries, regular elections, and special elections conducted with the use of voting equipment, and all provisions of the general laws applying to the custody of ballot boxes shall apply, as far as applicable, to the custody of the voting system or voting equipment.

(3) A primary for the nomination of candidates to be voted for at the next regular election shall be held on the first Tuesday after the third Monday in May of each year.

(4) The election of all officers of all governmental units shall be held on the first Tuesday after the first Monday in November.

(5) If the law authorizes the calling of a special election on a day other than the day of the regular election in November, the election shall be held on a Tuesday.

(6) If the law requires that a special election be held within a period of time during which the voting equipment must be locked as required by KRS 117.295, the special election shall be held on the fourth Tuesday following the expiration of the period during which the voting equipment is locked.

Effective: June 29, 2021

History: Amended 2021 Ky. Acts ch. 197, sec. 48, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 88, sec. 5, effective July 15, 2020. -- Amended 2008 Ky. Acts ch. 129, sec. 6, effective July 15, 2008. -- Amended 2002 Ky. Acts ch. 262, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 261, sec. 2, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 195, sec. 13, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 394, sec. 20, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 288, sec. 38, effective July 14, 1992; and ch. 296, sec. 7, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 431, sec. 1, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 29, sec. 12, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 44, sec. 6, effective March 2, 1984. -- Amended 1982 Ky. Acts ch. 402, sec. 3, effective January 1, 1984. -- Created 1974 Ky. Acts ch. 130, sec. 98, effective June 21, 1974.

118.027 Suspension or revision of election statutes.

Except as required by KRS 39A.100 related to the emergency powers granted to the Governor and Secretary of State as to the time and place for holding elections, no government official other than the General Assembly may suspend or revise any statute pertaining to elections.

Effective: June 29, 2021

History: Created 2021 Ky. Acts ch. 197, sec. 72, effective June 29, 2021.

118.030 Repealed, 1972.

[Repealed]

118.035 Hours polls to be open -- Employees to be allowed time off to vote, to apply for or execute absentee ballot, and to serve or train to be election officer.

(1) The polls shall be opened on the day of a primary, special election, or regular election at 6 a.m., prevailing time, and shall remain open until each voter who is waiting in line at the polls at 6 p.m., prevailing time, has voted. At 6 p.m., prevailing time, if voters are waiting at the polls to vote, the precinct election sheriff shall announce that a voter wishing to vote must immediately get in line. When all voters waiting at the polls at that time are in line, the precinct election sheriff shall then determine which voter is the last in line, and that voter shall be the last voter permitted to vote. The precinct election sheriff shall wait in line with the last voter who shall be permitted to vote until that voter has voted and shall inform a voter who subsequently arrives at the polls that no one shall be permitted to vote after the last voter in line at 6 p.m., prevailing time. After the last voter waiting in line at 6 p.m., prevailing time, has voted, the polls shall then be closed.

(2) As provided in Section 148 of the Constitution of Kentucky, any person entitled to a vote at any election in this state shall, if he has made application for leave prior to the day he appears before the county clerk to request an application for or to execute an absentee ballot, be entitled to absent himself from any services or employment in which he is then engaged or employed for a reasonable time, but not less than four

(4) hours on the day he appears before the clerk to request an application for or to execute an absentee ballot, during normal business hours of the office of the clerk or to cast his ballot on the day of the election between the time of opening and closing the polls. The employer may specify the hours during which an employee may absent himself.

(3) No person shall be penalized for taking a reasonable time off to vote, unless, under circumstances which did not prohibit him from voting, he fails to vote. Any qualified voter who exercises his right to voting leave under this section but fails to cast his vote, under circumstances which did not prohibit him from voting, may be subject to disciplinary action.

(4) Any person selected to serve as an election officer shall be entitled to absent himself from any services or employment in which he is then engaged or employed for a period of an entire day to attend training or to serve as an election officer. The person shall not, because of so absenting himself, be liable to any penalty. The employer may specify the hours during which the employee may absent himself. No person shall refuse an employee the privilege hereby conferred, or discharge or threaten to discharge an employee or subject an employee to a penalty, because of the exercise of the privilege.

Effective: July 15, 2008

History: Amended 2008 Ky. Acts ch. 129, sec. 7, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 4, sec. 1, effective February 17, 1998. -- Amended 1990 Ky. Acts ch. 26, sec. 1, effective July 13, 1990; and ch. 48, sec. 36, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 35, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 287, sec. 12, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 130, sec. 99, effective June 21, 1974.

118.040 Repealed, 1972.

[Repealed]

118.045 Display of American flag at voting location.

(1) Every voting location on the day upon which any election is held shall, during voting hours, display an American flag of dimensions of reasonable size, which shall be firmly attached to the main entrance of the voting location so that it will be readily visible to the general public.

(2) A precinct sheriff shall attach the American flag to the main entrance of the voting location upon the opening of the polls on the election day and shall remove the same upon the closing of the polls.

(3) The fiscal court of every county shall purchase out of its general fund sufficient American flags for every voting location in that county. All American flags purchased by the fiscal court shall be manufactured in the United States.

Effective: June 25, 2009

History: Amended 2009 Ky. Acts ch. 4, sec. 3, effective June 25, 2009. -- Amended 2002 Ky. Acts ch. 63, sec. 10, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 508, sec. 1, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 48, sec. 37, effective July 13, 1990. -- Created 1974 Ky. Acts ch. 77, sec. 1, effective June 21, 1974.

118.050 Repealed, 1972.

[Repealed]

118.060 Repealed, 1972.

[Repealed]

118.070 Repealed, 1972.

[Repealed]

118.080 Repealed, 1972.

[Repealed]

118.090 Repealed, 1972.

[Repealed]

118.100 Repealed, 1972.

[Repealed]

Primaries Primaries

118.105 Nominations by political parties -- Vacancy in candidacy -- Replacement candidates -- Ineligibility of Senior Status Special Judge.

(1) Except as provided in subsections (3) and (4) of this section and in KRS 118.115, every political party shall nominate all of its candidates for elective offices to be voted for at any regular election at a primary held as provided in this chapter, and the governing authority of any political party shall have no power to nominate any candidate for any elective office or to provide any method of nominating candidates for any elective office other than by a primary as provided in this chapter.

(2) Any political organization not constituting a political party as defined in KRS 118.015 may make its nominations as provided in KRS 118.325.

(3) If a vacancy occurs in the nomination of an unopposed candidate or in a nomination made by the primary more than ten (10) days before the certification of candidates for the regular election made under KRS 118.215, because of death or severe disabling condition which arose after the nomination, the governing authority of the party may provide for filling the vacancy, but only following certification to the governing authority, by the Secretary of State, that a vacancy exists for a reason specified in this subsection. When such a nomination has been made, the certificate of nomination shall be signed by the chair and secretary of the governing authority of the party making it, and shall be filed in the same manner as certificates of nomination at a primary.

(4) If a vacancy occurs in the nomination of an unopposed candidate or in a nomination made by the primary more than ten (10) days before the certification of candidates for the regular election, and if that party's nominee was the only political party candidate for the office sought, the governing authority of each party may nominate a candidate for the regular election, provided that no person has sought that party's nomination by filing a notification and declaration.

(5) If a vacancy occurs in the nomination of a candidate under the conditions of subsection (3) or (4) of this section, certificates of nomination for replacement candidates shall be filed in the same manner as provided in subsections (3) and (4) not later than 4 p.m. on the date of certification.

(6) This section does not apply to candidates for members of boards of education, or presidential electors, nor to candidates participating in nonpartisan elections. However, regardless of the number of days served by a judge acting as a Senior Status Special Judge, a judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1.

Effective: June 29, 2023

History: Amended 2023 Ky. Acts ch. 74, sec. 5, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 197, sec. 49, effective June 29, 2021. -- Amended 2013 Ky. Acts ch. 66, sec. 1, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 46, sec. 1, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 71, sec. 7, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 2, sec. 2, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 482, sec. 1, effective April 13, 1994. -- Amended 1990 Ky. Acts ch. 49, sec. 1, effective March 12, 1990. -- Amended 1988 Ky. Acts ch. 17, sec. 8, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 394, sec. 18, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 25, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 54, sec. 23, effective January 1, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 100, effective June 21, 1974.

118.110 Repealed, 1972.

[Repealed]

118.115 Nominations for unexpired terms -- Grouping of candidates on ballot -- Ineligibility of Senior Status Special Judge.

(1) Except as provided in KRS 83A.045(2)(b) governing vacancies in candidacy, candidates for unexpired terms to be filled at a regular election shall be nominated at the primary next preceding the regular election, if the vacancy occurred not less than one hundred sixty (160) days before the primary.

(2) If the vacancy occurred less than one hundred sixty (160) days before the primary, the nomination shall be made in a manner determined by the governing authority of the political party concerned as defined in KRS 118.015. Certificates of nomination shall be filed as required with the Secretary of State or county clerk not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the election.

(3) If the vacancy occurs after the first Tuesday after the first Monday in June preceding the day fixed by law for the election, but not less than three (3) months before the regular election, the nomination shall be made in a manner determined by the governing authority of the political party concerned as defined in KRS 118.015. Certificates of nomination shall be filed as required with the Secretary of State or county clerk not later than the second Tuesday in August preceding the regular election sought.

(4) Independent, political organization, or political group candidates filing to fill a vacancy for an unexpired term shall be governed by KRS 118.375.

(5) In the preparation of ballots, candidates for full terms shall be grouped together, and candidates for unexpired terms shall be grouped together, under appropriate headings, so that the voter may easily distinguish the candidates for full terms from the candidates for unexpired terms.

(6) 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 7, 2022

History: Amended 2022 Ky. Acts ch. 87, sec. 18, effective April 7, 2022. -- Amended 2019 Ky. Acts ch. 187, sec. 10, effective November 6, 2019. -- Amended 2013 Ky. Acts ch. 66, sec. 2, effective June 25, 2013. -- Amended 1990 Ky. Acts ch. 48, sec. 38, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 17, sec. 9, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 185, sec. 9, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 130, sec. 101, effective June 21, 1974.

118.120 Repealed, 1972.

[Repealed]

118.125 Procedure and form for candidate to have name printed on primary ballot -- Form in which name may appear on ballot. (Effective until January 1, 2027)

(1) Except as provided in KRS 118.155, any person who is qualified under the provisions of KRS 116.055 to vote in any primary for the candidates for nomination by the party at whose hands he or she seeks the nomination, shall have his or her name printed on the official ballot of his or her party for an office to which he or she is eligible in that primary, upon filing, with the Secretary of State or county clerk, as appropriate, at the proper time, a notification and declaration.

(2) The notification and declaration shall be in the form prescribed by the Secretary of State. It shall be signed by the candidate and by not less than two (2) registered voters who, at the time of signing, are of the same party as the candidate and from the district or jurisdiction from which the candidate 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 notification and declaration for a candidate shall include the following oath: "For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the ------ Party, I, ------ (name in full as desired on the ballot as provided in KRS 118.129), do solemnly swear that my date of birth is ----- (month/day/year), that my residence address is ----- (street, route, highway, city if applicable, county, state, and zip code), that my mailing address, if different, is ----- (post office address), and that I am a registered ------ (party) voter; that I believe in the principles of the ------ Party, and intend to support its principles and policies; that I meet all the statutory and constitutional qualifications for the office which I am seeking; that if nominated as a candidate of such party at the ensuing election I will accept the nomination and not withdraw for reasons other than those stated in KRS 118.105(3); that I will not knowingly violate any election law or any law relating to corrupt and fraudulent practice in campaigns or elections in this state, and if finally elected I will qualify for the office." The declaration shall be subscribed and sworn to before an officer authorized to administer an oath by the candidate and by the two (2) voters making the declaration and signing the candidate's petition for office.

(3) When the notice and declaration has been filed with the Secretary of State or county clerk, as appropriate, and certified according to KRS 118.165, the Secretary of State or county clerk, as appropriate, shall have the candidate's name printed on the ballot according to the provisions of this chapter, except as provided in KRS 118.185.

(4) Titles, ranks, or spurious phrases shall not be accepted on the filing papers 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.

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 11, effective April 14, 2026. -- Amended 2025 Ky. Acts ch. 125, sec. 14, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 224, sec. 15, effective April 27, 2024. -- Amended 2020 Ky. Acts ch. 88, sec. 6, effective July 15, 2020. -- Amended 2008 Ky. Acts ch. 79, sec. 10, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 275, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 201, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 458, sec. 18, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 186, sec. 1, effective November 5, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 39, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 23, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 317, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 19, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 7, sec. 1, effective June 19, 1976; and ch. 54, sec. 24, effective March 10, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 102, effective June 21, 1974.

118.125 Procedure and form for candidate to have name printed on primary ballot -- Form in which name may appear on ballot. (Effective January 1, 2027)

(2) The notification and declaration shall be in the form prescribed by the Secretary of State. It shall be signed by the candidate and by not less than two (2) registered voters, who at the time of signing are of the same party as the candidate and from the district or jurisdiction from which the candidate 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 notification and declaration for a candidate shall include the following oath: "For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the ------ Party, I, ------ (name in full as desired on the ballot as provided in KRS 118.129), do solemnly swear that my date of birth is ----- (month/day/year), that my residence address is ----- (street, route, highway, city if applicable, county, state, and zip code), that my mailing address, if different, is ----- (post office address), and that I am a registered ------ (party) voter; that I believe in the principles of the ------ Party, and intend to support its principles and policies; that I meet all the statutory and constitutional qualifications for the office which I am seeking; that if nominated as a candidate of such party at the ensuing election I will accept the nomination and not withdraw for reasons other than those stated in KRS 118.105(3); that I will not knowingly violate any election law or any law relating to corrupt and fraudulent practice in campaigns or elections in this state, and if finally elected I will qualify for the office." The declaration shall be subscribed and sworn to before an officer authorized to administer an oath by the candidate and by the two (2) voters making the declaration and signing the candidate's petition for office. The two (2) voters making the declaration and signing the candidate's petition for office shall not be participants in the Safe at Home Program under KRS 14.300 to 14.318. However, the signature of a Safe at Home Program participant shall not invalidate the candidate's filing, shall not disqualify the candidate from appearing on the ballot, and shall not constitute grounds for challenging the candidate's nomination or election.

Effective: January 1, 2027

History: Amended 2026 Ky. Acts ch. 97, sec. 8, effective January 1, 2027; and ch. 175, sec. 11, effective April 14, 2026. -- Amended 2025 Ky. Acts ch. 125, sec. 14, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 224, sec. 15, effective April 27, 2024. -- Amended 2020 Ky. Acts ch. 88, sec. 6, effective July 15, 2020. -- Amended 2008 Ky. Acts ch. 79, sec. 10, effective July 15, 2008. -- Amended 2000 Ky. Acts ch. 275, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 201, sec. 1, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 458, sec. 18, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 186, sec. 1, effective November 5, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 39, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 23, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 317, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 19, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 7, sec. 1, effective June 19, 1976; and ch. 54, sec. 24, effective March 10, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 102, effective June 21, 1974.

Legislative Research Commission Note (1/1/2027). This statute was amended by 2026 Ky. Acts chs. 97 and 175, which do not appear to be in conflict and have been codified together.

118.126 When candidate for Governor must designate running mate for Lieutenant Governor -- Joint election of slate of candidates.

(1) Each candidate for the office of Governor shall designate a candidate for Lieutenant Governor to serve as his or her running mate in a slate of candidates. After the filing of the certificate or petition of nomination under KRS 118.365, and not later than 4 p.m. on the second Tuesday in August preceding the regular election for the office of Governor, the candidate shall designate his or her running mate by filing with the Secretary of State the name and address of a person qualified under the Constitution of Kentucky to serve as Lieutenant Governor.

(2) A slate of candidates for Governor and Lieutenant Governor shall be elected jointly at a regular election by the casting by each voter of a single vote applicable to both offices. No candidate for Governor or Lieutenant Governor shall appear individually on the ballot at a regular election for the office he or she is seeking.

Effective: July 15, 2020

History: Created 2020 Ky. Acts ch. 88, sec. 1, effective July 15, 2020.

118.127 Repealed, 2020.

[Repealed]

118.129 Spelling and form of names on ballot.

(1) The Secretary of State or the county clerk, as appropriate, 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 this section.

(2) A candidate's nickname which is found to be, in the discretion of the Secretary of State or the county clerk, as appropriate, a title, rank, degree, job description, or spurious phrase shall be placed on the ballot only if it is the candidate's bona fide nickname, generally used by acquaintances of the candidate in the county of residence to refer to the candidate, and if the nickname is acknowledged, by affidavit, under oath, by five (5) residents of the county in which the candidate resides, to be a bona fide nickname. The candidate shall also acknowledge, by affidavit under oath, that this is his or her bona fide nickname and is not being used to gain an advantage on the ballot.

(3) A nickname shall always appear set off in quotation marks and immediately before the last name. Periods shall follow all abbreviations or initials. Additional qualifiers following the last name, such as "Jr" or "III" shall not be separated from the last name by a comma and shall be followed by a period.

(4) The candidate's name shall always appear in the following form: first or given name, contraction of given name, or initial; middle name or names or initials, if desired by the candidate; nickname if desired by the candidate; and last or surname in full. All names shall be in substantially the following form: John Lincoln "Jack" Doe; or J. Lincoln "Jack" Doe; or J. L. "Jack" Doe Jr.; or any of the above combinations without the intervening nickname.

(5) The total number of spaces, inclusive of letters, spaces, and punctuation, which may be utilized on the ballot for a candidate's name and, if any, nickname, shall be twenty-five (25). Notwithstanding the listing of the candidate's name on the filing papers, spaces, periods, quotation marks, and commas necessary for proper punctuation shall be added by the Secretary of State or the county clerk, as appropriate. No candidate's name shall exceed twenty-five (25) spaces. The Secretary of State or the county clerk, as appropriate, shall determine the correct listing for any candidate whose name exceeds twenty-five (25) spaces to conform to this requirement.

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 12, effective April 14, 2026. -- Created 1992 Ky. Acts ch. 186, sec. 2, effective November 5, 1992.

118.130 Repealed, 1972.

[Repealed]

118.135 Repealed, 1972.

[Repealed]

118.136 "Dummy" candidates prohibited.

No person shall file a notification and declaration to become a candidate in a primary election as a pretended, fictitious or "dummy" candidate for the purpose of influencing or controlling the selection of challengers or inspectors or officers of election, nor shall any person solicit, persuade, urge, influence or induce another person to file a notification and declaration with the intention that such person become a pretended, fictitious or "dummy" candidate for the purpose of influencing or controlling the selection of challengers or inspectors or officers of election.

Effective: June 21, 1974

History: Created 1974 Ky. Acts ch. 130, sec. 103, effective June 21, 1974.

118.140 Repealed, 1972.

[Repealed]

118.145 Repealed, 1976.

[Repealed]

118.150 Repealed, 1972.

[Repealed]

118.155 Nomination of candidates serving in Armed Forces.

(1) The provisions of KRS 118.125 shall not apply to any eligible person serving in the Armed Forces of the United States while this country is at war. The name of such person shall be printed on the official ballot of his party for an office for which he is eligible in any primary election when an application has been filed on his behalf by two (2) reputable electors of the party at whose hands he seeks the nomination.

(2) Such application shall be accompanied by a statement signed by the proposed candidate authorizing the action of the electors.

(3) The application and the candidate's statement, herein mentioned, shall be filed in good faith and with the proper officer at the proper time, as provided for other candidates in primary elections.

(4) The form of such application shall be similar to that of the affidavits required of electors in behalf of other candidates as provided in KRS 118.125.

(5) Before such a successful candidate is given a certificate of nomination, he shall file with the county clerk of the county in which he resides a statement that during the campaign for the nomination he did not, and while a candidate for the office will not, knowingly violate any election law or any law relating to corrupt and fraudulent practice in campaigns or elections in this state, and if elected will qualify for the office.

Effective: March 10, 1976

History: Amended 1976 Ky. Acts ch. 54, sec. 25, effective March 10, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 105, effective June 21, 1974.

118.160 Repealed, 1972.

[Repealed]

118.165 Filing of nomination papers -- Certification -- Ineligibility of Senior Status Special Judge.

(1) Except as provided in KRS Chapters 116 to 121, candidates for offices to be voted for by the electors of one (1) county or of a district less than one (1) county, except candidates for members of Congress, members of the General Assembly, and Commonwealth's attorneys, shall 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 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. All nomination papers 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 may be filed.

(2) Candidates for offices to be voted for by the electors of more than one (1) county, including candidates for members of Congress, members of the General Assembly, and Commonwealth's attorneys, shall file their nomination papers with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year 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. 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 at the place of filing when filed on the last date on which the papers may be filed.

(3) The Secretary of State or the county clerk shall examine the notification and declaration form of each candidate to determine whether it is regular on its face. If there is an error, the proper officer shall notify the candidate by certified mail within twenty-four (24) hours of filing.

(4) 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 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 13, effective April 14, 2026. -- Amended 2025 Ky. Acts ch. 125, sec. 15, effective June 27, 2025. -- Amended 2019 Ky. Acts ch. 187, sec. 2, effective November 6, 2019. -- Amended 2013 Ky. Acts ch. 66, sec. 3, effective June 25, 2013. -- Amended 2008 Ky. Acts ch. 79, sec. 11, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 2, sec. 3, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 296, sec. 8, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 40, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 17, sec. 10, effective July 15, 1988; and ch. 238, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 185, sec. 1, effective January 1, 1987. -- Amended 1984 Ky. Acts ch. 185, sec. 10, effective July 13, 1984; and ch. 185, sec. 11, effective January 1, 1985. -- Amended 1982 Ky. Acts ch. 394, sec. 20, effective July 15, 1982; and ch. 402, sec. 4, effective January 1, 1984. -- Amended 1980 Ky. Acts ch. 114, sec. 14, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 318, sec. 6, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 7, sec. 2, effective March 10, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 106, effective June 21, 1974.

118.170 Repealed, 1972.

[Repealed]

118.171 Repealed, 1972.

[Repealed]

118.173 Repealed, 1972.

[Repealed]

118.175 Repealed, 1972.

[Repealed]

118.176 Challenging bona fides of candidate.

(1) A "bona fide" candidate means one who is seeking nomination in a primary or election in a special or regular election according to law.

(2) The bona fides of any candidate seeking nomination as the nominee of a political party or a nonpartisan or judicial nominee in a primary or election to an office as a member of a political organization, political group, or as an independent in a special or regular election may be questioned by any qualified voter entitled to vote for the candidate or by an opposing candidate by summary proceedings consisting of a motion before the Circuit Court of the judicial circuit in which the candidate whose bona fides is questioned resides. An action regarding the bona fides of the nominee of a political party or a nonpartisan or judicial nominee may be commenced at any time prior to the primary. An action regarding the bona fides for election to an office as a member of a political organization, political group, or as an independent may be commenced at any time prior to a special or regular election. The motion shall be tried summarily and without delay. Proof may be heard orally, and upon motion of either party shall be officially reported. If the Circuit Judge of the circuit in which the proceeding is filed is disqualified or absent from the county or is herself or himself a candidate, the proceeding may be presented to, heard and determined by the Circuit Judge of any adjoining judicial circuit.

(3) In any action or proceeding under this section the burden of proof as to the bona fides of a candidate shall be on the person challenging the bona fides of a candidate.

(4) If the court finds the candidate is not a bona fide candidate:

(a) It shall so order, and certify the fact to the board of elections, and the candidate's name shall be stricken from the written designation of election officers filed with the board of elections or the court may refuse recognition or relief in a mandatory or injunctive way;

(b) The order of the Circuit Court shall be entered on the order book of the court and shall be subject to a motion to set aside in the Court of Appeals. The motion shall be heard by the Court of Appeals or a judge thereof in the manner provided for dissolving or granting injunctions, except that the motion shall be made before the court or judge within five (5) days after the entry of the order in the Circuit Court, and may be heard and tried upon the original papers, and the order of the Court of Appeals or judge thereof shall be final; and

(c) The person bringing the action shall be entitled to and awarded his or her reasonable attorney's fees, expert witness fees, and other court costs for trial and appeal, and those fees and costs shall be taxed against the candidate or his or her campaign committee after the timely filing of a bill of costs with the Circuit Court.

(5) No person shall approach the Circuit Judge for the purpose or view of influencing his or her decision on the motion pending before the Circuit Judge or to be tried by him or her.

Effective: July 15, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 35, effective July 15, 2026. -- Amended 2021 Ky. Acts ch. 197, sec. 76, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 123, sec. 1, effective July 15, 2010. -- Amended 2001 Ky. Acts ch. 52, sec. 1, effective June 21, 2001. -- Amended 1984 Ky. Acts ch. 413, sec. 2, effective April 11, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 131, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 86, effective June 19 1976; and ch. 247, sec. 7, effective June 19 1976. -- Created 1974 Ky. Acts ch. 130, sec. 107, effective June 21, 1974.

118.180 Repealed, 1972.

[Repealed]

118.185 Certification of unopposed candidate.

If it appears, after the expiration of the time for filing nomination papers, that there is only one (1) candidate who has filed the necessary papers for a place on the ballot of any party on whose ballot he is entitled to have his name printed, the officer with whom the papers are filed shall immediately issue and file in his office a certificate of nomination, and send a copy to the candidate.

Effective: June 21, 1974

History: Created 1974 Ky. Acts ch. 130, sec. 108, effective June 21, 1974.

118.190 Repealed, 1972.

[Repealed]

118.195 Inspection of nomination papers.

All nomination papers filed under KRS 118.165 and 118.365 shall at all times be subject to inspection by any person.

History: Amended 1976 Ky. Acts ch. 247, sec. 13, effective June 19. 1076. -- Created 1974 Ky. Acts ch. 130, sec. 109, effective June 21, 1974.

118.200 Repealed, 1972.

[Repealed]

118.205 Register of candidates -- Display of information on website.

(1) The Secretary of State and the county clerk of each county within this state shall each keep a book titled "Register of Candidates for Nomination in the Primary." The Secretary of State and each county clerk shall enter on different pages of the book for the different political parties, the title of office sought, the district number of the office sought, if applicable, the name of each candidate for nomination in the primary, his or her email address or post office box address, the name of his or her political party, and the date of receiving his or her nomination papers. The book shall be so kept that the names of all candidates of the same political party shall be on the same or successive pages and the names of candidates of no two (2) political parties shall appear on the same page. The books shall be public records.

(2) The county clerk of each county, within five (5) business days following the date of receiving a candidate's nomination papers, shall:

(a) Transmit a candidate's information derived from subsection (1) of this section to the Secretary of State; and

(b) Prominently display a candidate's information derived from subsection (1) of this section on the clerk's official website.

(3) 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 or within five (5) days following the receipt of a candidate's information supplied by the county clerk, whichever is applicable. The information displayed shall be derived from the Secretary's book and from each book held by the county clerk of each county within this state.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 125, sec. 16, effective June 27, 2025. -- Amended 2022 Ky. Acts ch. 219, sec. 8, effective July 14, 2022. -- Amended 1978 Ky. Acts ch. 384, sec. 253, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 110, effective June 21, 1974.

118.210 Repealed, 1972.

[Repealed]

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

(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, is disqualified, or notifies the clerk, in the manner described in subsection (1) of this section, that he or she 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, is disqualified, or notifies the Secretary of State in the manner described in subsection

(1) 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 (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, 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, if there is only one (1) remaining candidate on the ballot for that office in a primary election, 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, 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, be disqualified, 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 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 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).

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 26, effective April 14, 2026. -- Amended 2025 Ky. Acts ch. 125, sec. 17, effective June 27, 2025. -- Amended 2003 Ky. Acts ch. 101, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 2, sec. 4, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 48, sec. 41, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 24, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 12, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 247, sec. 8, effective June 19, 1976.

118.215 Certification of candidates or slates by Secretary of State -- Order of listing county offices -- Use of supplemental paper ballots -- Approval of State Board of Elections -- Ballot position unalterable.

(1) After the order of the names has been determined as provided in KRS 118.225, the Secretary of State shall certify, to the county clerks of the respective counties entitled to participate in the nomination or election of the respective candidates, the name, the email address or post office box address, the office sought, the district number of the office sought, if applicable, and party of each candidate or slate of candidates for each office, as specified in the nomination papers or certificates and petitions of nomination filed with him or her, and shall designate the device with which the candidate groups, slates of candidates, or lists of candidates of each party shall be printed, in the order in which they are to appear on the ballot, with precedence to be given to the party that polled the highest number of votes at the preceding election for presidential electors, followed by the political party which received the second highest number of votes, with the order of any other political parties and independents to be determined by lot. Candidates for county offices and local state offices shall be listed in the following order: Commonwealth's attorney, circuit clerk, property valuation administrator, county judge/executive, county attorney, county clerk, sheriff, jailer, county commissioner, coroner, justice of the peace, and constable. The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors. The names shall be certified as follows:

(a) Not later than the third Monday after the filing deadline for the primary as established in KRS 83A.045, 118.165, and 118A.060;

(b) Not later than the fourth Monday in August, except as provided in paragraph

(c) Not later than the Monday after the Friday following the first Tuesday in September preceding a regular election, for those years in which there is an election for President and Vice President of the United States.

(2) Except as otherwise provided in subsection (3) of this section, all independent candidates or slates of candidates whose nominating petitions are filed with the county clerk or the Secretary of State shall be listed under the title and device designated by them as provided in KRS 118.315, or if none is designated, under the word "independent," and shall be placed on the ballot in a separate column or columns or in a separate line or lines according to the office which they seek. The order in which independent candidates or slates of candidates shall appear on the ballot shall be determined by lot by the county clerk. If the same device is selected by two (2) groups of petitioners, it shall be given to the first selecting it and the county clerk shall permit the other group to select a suitable device. This section shall not apply to candidates for municipal offices which come under subsection (3) of this section.

(3) The ballots used at any election in which city officers are to be elected as provided in subsection (2) of this section shall contain the names of candidates for the city offices grouped according to the offices they seek, and the candidates shall be immediately arranged with and designated by the title of office they seek. The order in which the names of the candidates for each office are to be printed on the ballot shall be determined by lot. Each group of candidates for each separate office for which the candidates are to be elected shall be clearly separated from other groups on the ballot and spaced to avoid confusion on the part of the voter.

(4) The Secretary of State shall not knowingly certify to the county clerk of any county the name of any candidate or slate of candidates who has not filed the required nomination papers, nor knowingly fail to certify the name of any candidate or slate of candidates who has filed the required nomination papers.

(5) If the county clerk determines that the number of certified candidates or slates of candidates cannot be placed on a ballot which can be accommodated by the voting equipment currently in use by the county, he or she shall so notify the State Board of Elections not later than the last Tuesday in February preceding the primary or the last Tuesday in August preceding the regular election. The State Board of Elections shall meet within five (5) days of the notice, review the ballot conditions, and determine whether supplemental paper ballots are necessary for the election. Upon approval of the State Board of Elections, supplemental paper ballots may be used for nonpartisan candidates or slates of candidates for an office or offices and public questions submitted for a yes or no vote. All candidates or slates of candidates for any particular office shall be placed either on the ballot or on the supplemental paper ballot. Supplemental paper ballots may also be used to conduct the voting, in the instance of a small precinct as provided in KRS 117.066.

(6) The ballot position of a candidate or slate of candidates shall not be changed after the ballot position has been designated by the county clerk.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 125, sec. 18, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 224, sec. 16, effective April 27, 2024. -- Amended 2022 Ky. Acts ch. 87, sec. 19, effective April 7, 2022. -- Amended 2021 Ky. Acts ch. 197, sec. 50, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 187, sec. 4, effective November 6, 2019. -- Amended 2018 Ky. Acts ch. 162, sec. 3, effective November 7, 2018. -- Amended 2008 Ky. Acts ch. 129, sec. 8, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 133, sec. 2, effective April 5, 2007. -- Amended 2002 Ky. Acts ch. 129, sec. 4, effective April 2, 2002. -- Amended 1996 Ky. Acts ch. 195, sec. 14, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 288, sec. 39, effective July 14, 1992; and ch. 296, sec. 9, effective July 14,1992. -- Amended 1990 Ky. Acts ch. 48, sec. 42, effective July 13, 1990; and ch. 169, sec. 7, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 25, effective July 15, 1986. -- Amended 1984 ch. 185, sec. 13, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 21, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) ch. 1, sec. 2, effective March 19, 1977. -- Amended 1976 Ky. Acts ch. 199, sec. 2, effective June 19, 1976; and ch. 247, sec. 9, effective June 19 1976. -- Created 1974 Ky. Acts ch. 130, sec. 111, effective June 21, 1974.

118.220 Repealed, 1972.

[Repealed]

118.225 Determination of order of names on ballot.

(1) The order of the names of candidates or slates of candidates to be voted for by the electors of the entire state shall be determined by lot and certified and printed on the ballots with the designation of the respective offices. The Secretary of State shall prepare lists of the counties of each congressional district of the state and, for each congressional district, the Secretary of State shall draw from the names of all candidates or slates of candidates for each office to determine the order in which they shall appear on the ballot. The order of names of the candidates or slates of candidates for each congressional district shall be certified to the county clerks of all the counties that comprise the district.

(2) For all other offices for which nomination papers and petitions are filed with the Secretary of State, the order of names of candidates for each office 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 KRS 83A.045, 118.165, and 118A.060 or the Thursday following the first Tuesday after the first Monday in June preceding the regular election.

(3) For all offices for which nomination papers and petitions are filed in the office of the county clerk, the order in which the names of candidates for each office are to be printed on the ballot shall be determined by lot at a public drawing in the office of the county clerk at 2 p.m., standard time, on the Thursday following the filing deadline for the primary as established in KRS 83A.045, 118.165, and 118A.060 or the Thursday following the first Tuesday after the first Monday in June preceding the regular election.

(4) For all offices for which the deadline for filing nomination papers and petitions is governed by KRS 83A.165(4)(c) or 118.375(2), the order in which the names of candidates for each office are to be printed shall be determined by lot at a public drawing in the office at the place of filing at 2 p.m., standard time, on the Thursday following the second Tuesday in August preceding the regular election.

(5) If the number of certified candidates or slates of candidates cannot be placed on a ballot which can be accommodated on voting equipment currently in use in the county, the county clerk shall notify the State Board of Elections, as provided in KRS 118.215.

Effective: April 27, 2024

History: Amended 2024 Ky. Acts ch. 224, sec. 17, effective April 27, 2024. -- Amended 2021 Ky. Acts ch. 197, sec. 51, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 187, sec. 5, effective November 6, 2019. -- Amended 2018 Ky. Acts ch. 162, sec. 4, effective November 7, 2018. -- Amended 2008 Ky. Acts ch. 129, sec. 9, effective July 15, 2008. -- Amended 1996 Ky. Acts ch. 195, sec. 15, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 288, sec. 40, effective July 14, 1992; and ch. 296, sec. 10, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 43, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 26, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 14, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 22, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 10, effective March 19, 1977. -- Created 1974 Ky. Acts ch. 130, sec. 112, effective June 21, 1974.

118.226 Filling vacancy in candidacy for Lieutenant Governor.

(1) If a vacancy occurs in a candidacy for the office of Lieutenant Governor because of death, disqualification to hold the office sought, or a severe disabling condition that arose after the slate formed a campaign committee, the candidate for the office of Governor on that slate may designate a replacement for the vacant candidate.

(2) The designation of a replacement shall be on forms filed with the Secretary of State, but only following certification to the candidate for the office of Governor by the Secretary of State that a vacancy exists for a reason specified in subsection (1) of this section.

(3) If a replacement candidate for a vacancy in candidacy for Lieutenant Governor is made for a reason specified in subsection (1) of this section after the ballots are printed for the regular election, notices informing the voters of the change in composition of the slate shall be posted at each precinct polling place.

Effective: July 15, 2020

History: Created 2020 Ky. Acts ch. 88, sec. 2, effective July 15, 2020.

118.227 Repealed, 2020.

[Repealed]

118.230 Repealed, 1972.

[Repealed]

118.235 Repealed, 2003.

[Repealed]

118.240 Repealed, 1972.

[Repealed]

118.245 Number of votes necessary to nominate candidates -- Section not applicable to presidential primaries.

(1) The candidate for office receiving the highest number of votes in a primary for the office for which he or she is a candidate shall be the nominee of his or her party for that office and shall receive the certificate of nomination.

(2) If two (2) or more candidates in a primary are found to have received the highest and an equal number of votes for nomination to 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. This section does not apply to presidential primaries.

Effective: July 15, 2020

History: Amended 2020 Ky. Acts ch. 88, sec. 7, effective July 15, 2020. -- Amended 2008 Ky. Acts ch. 129, sec. 1, effective July 15, 2008. -- Amended 1992 Ky. Acts ch. 288, sec. 41, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 29, sec. 13, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 63, effective July 13, 1984; and ch. 185, sec. 15, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 23, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 130, sec. 114, effective June 21, 1974.

118.250 Repealed, 1972.

[Repealed]

118.255 Fees.

(1) The Secretary of State shall receive a fee of five hundred dollars ($500) for a candidate for statewide elected state office or the Congress, two hundred dollars ($200) for a candidate for Commonwealth's attorney, the General Assembly, or the District Court, Circuit Court, Court of Appeals, or Supreme Court, twenty dollars ($20) for candidates for a city office, fifty dollars ($50) for other candidates who file with the Secretary of State for each notification and declaration and petition filed with him, and fifty dollars ($50) for a write-in candidate for office, to be paid by the candidate, or the candidate's representative, when the notification and declaration and petition or declaration of intent is filed.

(2) The county clerk shall receive a fee pursuant to KRS 64.012 for each notification and declaration and petition filed with him to be paid by the candidate at the time of the filing.

Effective: January 1, 2015

History: Amended 2014 Ky. Acts ch. 92, sec. 212, effective January 1, 2015. -- Amended 2005 Ky. Acts ch. 105, sec. 1, effective March 16, 2005. -- Amended 2003 Ky. Acts ch. 88, sec. 1, effective June 24, 2003. -- Amended 2002 Ky. Acts ch. 34, sec. 2, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 195, sec. 16, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 288, sec. 58, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 394, sec. 24, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 84, sec. 2, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 7, sec. 3. -- Created 1974 Ky. Acts ch. 130, sec. 115, effective June 21, 1974.

118.260 Repealed, 1972.

[Repealed]

118.270 Repealed, 1972.

[Repealed]

118.280 Repealed, 1972.

[Repealed]

118.290 Repealed, 1972.

[Repealed]

118.300 Repealed, 1972.

[Repealed]

Regular Elections Regular Elections

118.305 Persons entitled to have name on ballot -- Certification of names of candidates -- Eligibility of candidates defeated in primary -- Notification of vacancy in elective office -- Ineligibility of Senior Status Special Judge.

(1) Except as provided in KRS 118.345, and subject to the provisions of subsections (2), (3), and (4) of this section, the county clerk of each county shall cause to be printed on all ballots, including the absentee ballots, for the regular election the names of the following persons:

(a) Candidates of a political party, as defined in KRS 118.015, who have received certificates of nomination at the preceding primary, or certificates of nomination under KRS 118.185, and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk;

(b) Candidates of a political party, as defined in KRS 118.015, who have been nominated for an unexpired term in a manner determined by the governing authority of the party, as provided in KRS 118.115, and whose evidences of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;

(c) Candidates of a political party, as defined in KRS 118.015, who have been nominated by the governing authority of the party to fill a vacancy in the candidacy of a person nominated at the preceding primary, as provided in KRS 118.105, and whose certificates of nomination have been filed with the Secretary of State or the appropriate county clerk, by at least the date provided by the election law generally for such filing;

(d) Candidates who have been nominated by a political organization as provided in KRS 118.325 and whose certificates or petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;

(e) Independent candidates who have been nominated by petition as provided in KRS 118.315, and whose petitions of nomination have been filed with the Secretary of State or the appropriate county clerk within the time prescribed in this chapter;

(f) Successful nominees of all nonpartisan primaries which shall have been conducted;

(g) Candidates who have filed a petition of candidacy as shall be required to fill a vacancy which shall appear on the ballot;

(h) The county clerk shall determine whether the name of any replacement candidate who has been nominated as provided in KRS 118.105(5) may be placed on the ballot and whether any voting equipment may be reprogrammed to count the votes cast for that candidate, or whether the ballot must be reprinted to accommodate votes cast for any replacement candidate, and shall take the appropriate action to accommodate the replacement of any candidate. If the county clerk determines that the name of any replacement candidate cannot be accommodated on the existing ballot and if there is insufficient time before the election to reprint the entire ballot, the county clerk shall request approval to use supplemental paper ballots for voting for that office only in the same manner as permitted for other situations in KRS 118.215(5), and, if approved, shall have an adequate number of supplemental paper ballots printed for voting for that office and only votes cast for that office by means of the supplemental paper ballots shall be tabulated and recorded by the precinct election officers and county board of elections. All actions by a county clerk, the State Board of Elections, and the Secretary of State which are necessary to provide for voting at a regular election for candidates nominated pursuant to KRS 118.105(5) shall be carried out with all possible speed. When a candidate has been replaced as provided in KRS 118.105(5) after absentee and federal provisional absentee ballots have been printed and distributed for the regular election, neither the precinct election officers nor the county board of elections shall tabulate or record any absentee or federal provisional absentee votes cast for the candidate who was replaced. If ballots are reprinted or supplemental paper ballots are printed, or if voting equipment must be reprogrammed to count the votes cast for a replacement candidate, the costs for the printing and reprogramming shall be paid by the political party who has nominated a replacement candidate, or proportionately by each political party if each party nominates a replacement candidate;

(i) Candidates for President and Vice President of the United States, of those political parties and organizations who have nominated presidential electors as provided in KRS 118.325, if the certificate of nomination of the electors has been filed with the Secretary of State within the time prescribed in this chapter;

(j) Candidates for soil and water district supervisors who have been nominated by petition as provided in KRS 262.210; and

(k) Candidates for city office for which no nonpartisan primary has been conducted in a city which requires nonpartisan city elections.

(2) Any candidate for city office who is defeated in a partisan or nonpartisan primary shall be ineligible as a candidate for the same office in the regular election.

(3) Candidates for members of boards of education shall have their names printed on ballots, including absentee ballots, for the regular election only after filing as provided in KRS 160.220.

(4) Except as provided in KRS 118.105 and 118.115, no candidate's name shall be printed upon any ballots, including federal provisional ballots, federal provisional absentee ballots, and absentee ballots for any regular election as the nominee of any political party, as defined in KRS 118.015, or under the emblem of any political party, as so defined, except those candidates who have been duly and regularly nominated as nominees of that party at a primary held as provided in this chapter.

(5) No county clerk shall knowingly cause to be printed, upon the ballots, federal provisional ballots, federal provisional absentee ballots, or absentee ballots for any regular election, the name of any candidate of a political party, as defined in KRS 118.015, who has not been nominated in the manner provided in the laws governing primaries or the name of any candidate who is not in compliance with the restrictions concerning party registration and candidacy provided in of KRS 118.315(1).

(6) The names of candidates for President and Vice President shall be certified in lieu of certifying the names of the candidates for presidential electors.

(7) When a vacancy occurs in an elective office which is required by law to be filled temporarily by appointment, the officer or body designated by law to make the appointment, or in the case of an office to be filled by appointment from a list of nominations, the officer or body designated by law to make the nominations, shall immediately notify in writing both the county clerk and Secretary of State of the vacancy.

(8) 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 29, 2021

History: Amended 2021 Ky. Acts ch. 197, sec. 52, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 89, sec. 28, effective July 15, 2020. -- Amended 2013 Ky. Acts ch. 66, sec. 4, effective June 25, 2013. -- Amended 2007 Ky. Acts ch. 46, sec. 2, effective June 26, 2007. -- Amended 1994 Ky. Acts ch. 482, sec. 2, effective April 13, 1994. -- Amended 1990 Ky. Acts ch. 48, sec. 44, effective July 13, 1990; and ch. 366, sec. 7, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 341, sec. 36, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 287, sec. 13, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 16, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 25, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 130, sec. 116, effective June 21, 1974.

118.310 Repealed, 1972.

[Repealed]

118.315 Nomination for regular election by petition -- Form of petition -- Examination of petition -- Ineligibility of Senior Status Special Judge.

(1) A candidate for any office to be voted for at any regular election may be nominated by a petition of electors qualified to vote for him or her, complying with the provisions of subsection (2) of this section. No person whose registration status is as a registered member of a political party shall be eligible to election as an independent, or political organization, or political group candidate, nor shall any person be eligible to election as an independent, or political organization, or political group candidate whose registration status was as a registered member of a political party on January 1 immediately preceding the regular election for which the person seeks to be a candidate. This restriction shall not apply to candidates to those offices specified in KRS 118.105(6), for supervisor of a soil and water conservation district, for candidates for mayor or legislative body in cities of the home rule class, or to candidates participating in nonpartisan elections.

(2) The form of the petition shall be prescribed by the Secretary of State. It shall be signed by the candidate and by registered voters from the district or jurisdiction from which the candidate seeks nomination. 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. Signatures for a petition of nomination for a candidate seeking any office, excluding President of the United States in accordance with KRS 118.591(1), 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. 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. A petition of nomination for a state officer, or any officer for whom all the electors of the state are entitled to vote, shall contain five thousand (5,000) petitioners; for a representative in Congress from any congressional district, or for any officer from any other district except as herein provided, four hundred (400) petitioners; for a county officer, member of the General Assembly, or Commonwealth's attorney, one hundred (100) petitioners; for a soil and water conservation district supervisor, twenty-five (25) petitioners; for a city officer or board of education member, two

(2) petitioners; and for an officer of a division less than a county, except as provided in this subsection, twenty (20) petitioners. It shall not be necessary that the signatures of the petition be appended to one (1) paper. Each petitioner shall include the date he or she affixes the signature, address of residence, and date of birth. Failure of a voter to include the signature affixation date, date of birth, and address of residence shall result in the signature not being counted. A petitioner for the nomination of a candidate may be counted for every petition to which his or her signature is affixed.

(3) Titles, ranks, or spurious phrases shall not be accepted on the filing papers 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 accepted as the candidate's name.

(4) The Secretary of State and county clerks shall examine the petitions of all candidates who file with them to determine whether each petition is regular on its

face. If there is an error, the Secretary of State or the county clerk shall notify the candidate by certified mail within twenty-four (24) hours of filing.

(5) 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 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 14, effective April 14, 2026. -- Amended 2025 Ky. Acts ch. 125, sec. 19, effective June 27, 2025. -- Amended 2023 Ky. Acts ch. 74, sec. 6, effective June 29, 2023. -- Amended 2014 Ky. Acts ch. 92, sec. 213, effective January 1, 2015. -- Amended 2013 Ky. Acts ch. 66, sec. 5, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 123, sec. 2, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 79, sec. 13, effective July 15, 2008. -- Amended 2006 Ky. Acts ch. 187, sec. 1, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 71, sec. 8, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 53, sec. 1, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 275, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 2, sec. 5, effective July 15, 1998; and ch. 243, sec. 2, effective April 1, 1998. -- Amended 1992 Ky. Acts ch. 296, sec. 11, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 45, effective July 13, 1990; and ch. 166, sec. 1, effective July 13, 1990; and ch. 476, Pt. V, sec. 304, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 17, sec. 11, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 287, sec. 14, effective July 15, 1986; and ch. 470, sec. 27, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 17, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 26, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 318, sec. 7, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 117, effective June 21, 1974.

118.320 Repealed, 1972.

[Repealed]

118.325 Nomination by convention or primary -- Vacancies -- Nominees by petition -- Ineligibility of Senior Status Special Judge.

(1) Any political organization not constituting a political party within the meaning of KRS 118.015 but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors may nominate, by a convention or primary held by the party in accordance with its constitution and bylaws, candidates for any offices to be voted for at any regular election, except the office of member of a board of education, for which nominations shall be made as provided in KRS 160.220. Any political party, as defined in KRS 118.015, and any political organization not constituting such a political party but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors, may nominate, by a convention or primary held by the party or organization in accordance with its constitution and bylaws, as many electors of President and Vice President of the United States as this state is entitled to elect.

(2) The certificate of nomination by such a convention or primary shall be in writing, shall contain the name of each person nominated, his or her residence, and the office to which he or she is nominated, and shall designate a title for the party or principle that such convention or primary represents, together with any simple figure or device by which its list of candidates may be designated on the ballots. The certificate shall be signed by the presiding officer and secretary of the convention, or by the chair and secretary of the county, city, or district committee, who shall add to their signatures their respective places of residence, and acknowledge the same before an officer duly authorized to administer oaths. A certificate of the acknowledgment shall be appended to the certificate of nomination. In the case of electors of President and Vice President of the United States the certificate of nomination shall state the names of the candidates of the party for President and Vice President.

(3) Any person desiring to become a candidate for an office, the nomination to which is to be made by a convention pursuant to subsections (1) and (2) of this section, except for the office of elector of President and Vice President of the United States, shall file a statement with the official designated in KRS 118.165 with whom notification and declaration forms are filed for the office. The form of the statement shall be prescribed by the State Board of Elections. Such statement shall be filed as prescribed by KRS 118.365.

(4) If the certificate of nomination of any state convention requests that the figure or device selected by such convention be used to designate the candidates of such party on the ballots for all elections throughout the state, that figure or device shall be used until changed by request of a subsequent state convention of the same party. The device may be any appropriate symbol other than the coat of arms or seal of this state or of the United States, the national flag, or any other emblem common to the people at large.

(5) In case of death, resignation, or removal of any such candidate subsequent to nomination and before the certification of candidates for the regular election made under KRS 118.215, the chair of the state, county, or city district committee shall fill the vacancy, unless a supplemental certificate or petition of nomination is filed. In the case of electors of President and Vice President of the United States, a vacancy may be filled by the chair of the state committee at any time before the meeting of the electors, whether the vacancy occurs before or after the election.

(6) If any political party entitled to nominate by convention fails to do so, the names of all nominees by petition for any office who are designated in their petition as members and candidates of that party shall be printed under the device and title on the ballots as if nominated by a convention. If two (2) or more persons who have filed certificates of nomination under this section claim to be the nominee of the same political party, the governing authority of that party shall designate to the Secretary of State and county clerk, in writing, which of the candidates is entitled to the party emblem. If there are two (2) or more contending executive committees of the same party in the county or district, the county or district executive committee that is recognized by the state governing authority of the party, by the written certificate of its chair, shall be recognized by the Secretary of State and county clerk.

(7) 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 29, 2021

History: Amended 2021 Ky. Acts ch. 197, sec. 53, effective June 29, 2021. -- Amended 2013 Ky. Acts ch. 66, sec. 6, effective June 25, 2013. -- Amended 1998 Ky. Acts ch. 2, sec. 6, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 48, sec. 46, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 17, sec. 12, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 185, sec. 18, effective January 1, 1985. -- Created 1974 Ky. Acts ch. 130, sec. 118, effective June 21, 1974.

118.327 Registers of candidates to be chosen by convention -- Display of information on Web site.

(1) Each county clerk and the Secretary of State shall keep a book in which he or she shall enter certain information concerning candidates to be chosen by convention. Such book shall include the name, place of residence, office for which the person is a candidate, party designation, and the date of the receipt of the form required to be filed by KRS 118.325(3). Such book shall be a public record.

(2) The county clerk of each county, within five (5) business days following the date of receiving the form required by KRS 118.325(3), shall:

(a) Transmit a candidate's information derived from subsection (1) of this section to the Secretary of State; and

(b) Prominently display a candidate's information derived from subsection (1) of this section on the clerk's official Web site.

(3) 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 Web site within five (5) business days following the date of receiving the form required by KRS 118.325(3) or within five (5) days following the receipt of the candidates information supplied by the county clerk, whichever is applicable. The information displayed shall be derived from the Secretary's book and from each book held by the county clerk of each county within this state.

Effective: July 14, 2022

History: Amended 2022 Ky. Acts ch. 219, sec. 9, effective July 14, 2022. -- Created 1984 Ky. Acts ch. 185, sec. 1, effective January 1, 1985.

118.330 Repealed, 1972.

[Repealed]

118.335 Effect of conflicting certificates and petitions of nomination.

If any certificate or petition of nomination made under the provisions of this chapter contains the name of more than one (1) candidate for any office to be filled, neither name shall be printed as a candidate for that office. If any person has been nominated as a candidate for any office by primary election or by party convention, and also by petition, his name shall be placed in the list of candidates nominated by the primary or convention, and the place occupied by his name in the petition shall be left blank, unless the candidate makes written request, prior to the last day for filing evidences of nomination, that his name be printed as nominated by petition and be omitted from the list nominated by the primary or convention.

Effective: March 10, 1976

History: Amended 1976 Ky. Acts ch. 54, sec. 26, effective March 10, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 119, effective June 21, 1974.

118.340 Repealed, 1972.

[Repealed]

118.345 Certain primary candidates barred from having names on regular election ballots -- Section not applicable to presidential preference primary candidates.

(1) No candidate who has been defeated or disqualified for the nomination for any office in a primary shall have his or her name placed on ballots in the succeeding regular election as a candidate for the same office for the nomination to which he or she was a candidate in the primary, except that if a vacancy occurs in the party nomination for which he or she was a candidate in the primary his or her name may be placed on the ballots for the regular election as a candidate of that party if he or she has been duly made such party nominee after the vacancy occurs as provided in KRS 118.105.

(2) No person who was a candidate for nomination for any office in a primary and who, before the succeeding regular election, is declared by the 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 ballots for any office to be voted for in the succeeding regular election.

(3) This section does not apply to presidential preference primary candidates.

Effective: April 27, 2024

History: Amended 2024 Ky. Acts ch. 224, sec. 18, effective April 27, 2024. -- Amended 2021 Ky. Acts ch. 197, sec. 54, effective June 29, 2021. -- Amended 1986 Ky. Acts ch. 29, sec. 14, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 111, sec. 64, effective July 13, 1984; and ch. 185, sec. 19, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 27, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 54, sec. 27, effective March 10, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 120, effective June 21, 1974.

118.350 Repealed, 1972.

[Repealed]

118.355 Repealed, 1972.

[Repealed]

118.356 Filing of certificates and petitions of nomination.

(1) Certificates and petitions of nomination shall, in the case of candidates voted for by the state at large or by a district greater than one (1) county, be filed with the Secretary of State. In the case of candidates voted for by a county or by a district less than a county, they shall be filed with the county clerk. In the case of candidates voted for by a city whose boundaries extend beyond those of a single county, they shall be filed with the county clerk of the county in which a candidate resides. In the case of candidates for Congress and for General Assembly, they shall be filed with the Secretary of State.

(2) Certificates of nomination at a primary election held under this chapter shall be filed by the State Board of Elections or the county board of elections, depending upon which one issued the certificate. Certificates and petitions of nomination shall be filed by the candidate or by someone on his behalf.

Effective: July 14, 2000

History: Amended 2000 Ky. Acts ch. 354, sec. 4, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 169, sec. 8, effective July 13, 1990. -- Created 1974 Ky. Acts ch. 130, sec. 121, effective June 21, 1974.

118.360 Repealed, 1972.

[Repealed]

118.365 Time for filing certificates and petitions of nomination -- Statement-of-candidacy forms -- Petitions for recall elections or elections on public questions.

(1) Certificates of nomination issued by the State Board of Elections shall be filed by that board with the Secretary of State immediately. The certificates issued by the county board of elections shall be filed by that board with the county clerk immediately.

(2) Petitions of nomination for candidates for city offices except as provided in KRS 83A.047, for candidates for members of boards of education, and for candidates for supervisors of soil and water conservation districts shall be filed with the county clerk 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 preceding the day fixed by law for the holding of regular elections for the offices sought.

(3) Candidates for an office, the nomination to which is to be made by a convention pursuant to KRS 118.325(1) and (2), except for the office of electors of President and Vice President of the United States, shall file the statements required by KRS 118.325(3), with the official designated in KRS 118.165 with whom notification and declaration are filed for the office, 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 preceding the regular election for the office sought.

(4) Certificates of nomination made by the governing authority of a political party within the meaning of KRS 118.015 or a political organization not constituting a political party within the meaning of KRS 118.015 but whose candidate received two percent (2%) of the vote of the state at the last preceding election for presidential electors to fill vacancies in office, as provided in KRS 118.115 and 118.325, shall be filed as required with the Secretary of State or county clerk.

(5) Except as otherwise provided in this section, petitions of nomination shall be filed as required with the Secretary of State or county clerk not earlier than the first Wednesday after the first Monday in November of the year preceding the year in which the offices will appear on the ballot and not later than the first Tuesday after the first Monday in June preceding the day fixed by law for the holding of regular elections for the offices sought. The filing of petitions of nomination for independent, or political organization, or political group candidates shall not be accepted by the Secretary of State or the county clerk if the candidate has not filed a statement-of-candidacy form as required by KRS 118.367.

(6) Petitions and certificates of nomination for electors of President and Vice President of the United States shall be filed 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 there is an election for President and Vice President of the United States and not later than the Friday following the first Tuesday in September preceding the date fixed by law for the election of the electors.

(7) Petitions for recall elections or elections on public questions shall be filed as required with the county clerk not later than the second Tuesday in August preceding the day fixed by law for holding a regular election.

(8) Petitions of any kind named in this section, statements, and certificates of nomination shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which papers are permitted to be filed.

Effective:April 7, 2022

History: Amended 2022 Ky. Acts ch. 87, sec. 20, effective April 7, 2022. -- Amended 2018 Ky. Acts ch. 162, sec. 7, effective November 7, 2018. -- Amended 2010 Ky. Acts ch. 123, sec. 3, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 133, sec. 3, effective April 5, 2007. -- Amended 2003 Ky. Acts ch. 92, sec. 2, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 2, sec. 7, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 195, sec. 17, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 296, sec. 12, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 47, effective July 13, 1990; and ch. 169, sec. 9, effective July 13, 1990; and ch. 476, Pt. V, sec. 305, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 238, sec. 2, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 185, sec. 2, effective January 1, 1987; and ch. 470, sec. 28, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 20, effective July 13, 1984; and ch. 185, sec. 21, effective January 2, 1985. -- Amended 1982 Ky. Acts ch. 394, sec. 28, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 254, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 122, effective June 21, 1974.

118.367 Statement-of-candidacy form for independent, political organization, or political group candidate -- Exceptions -- Examination of forms.

(1) An independent, or political organization, or political group candidate required to file nomination papers pursuant to KRS 118.365(5) shall be required to file a statement-of-candidacy form with the same office at which nomination papers are filed. Candidates for federal office, candidates for mayor or legislative body in cities of the home rule class participating in partisan elections, and candidates for a special election or election for an unexpired term shall not be required to file a statement-of-candidacy form. The statement-of-candidacy form shall be filed 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 April 1 preceding the day fixed by law for holding of regular elections for the offices sought. If the office in which the statement-of-candidacy form is to be filed is closed on April 1, the form may be filed on the next business day. The statement- of-candidacy form shall be filed no later than 4 p.m. local time when filed on the last day on which papers are permitted to be filed. No person shall file a statement- of-candidacy form for more than one (1) public office during an election cycle.

(2) The statement-of-candidacy form shall be prescribed by the Secretary of State. The statement-of-candidacy form shall be signed by the candidate upon filing. No charge shall be assessed for the filing of a statement-of-candidacy form. The Secretary of State and county clerks shall examine the statement-of-candidacy form of each candidate who files the form to determine if there is an error. If an error has occurred, the candidate shall be notified by certified mail within twenty-four (24) hours.

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 15, effective April 14, 2026. -- Amended 2021 Ky. Acts ch. 197, sec. 77, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 23, sec. 1, effective March 19, 2019; and ch. 187, sec. 14, effective November 6, 2019. -- Amended 2014 Ky. Acts ch. 92, sec. 214, effective January 1, 2015. -- Amended 2010 Ky. Acts ch. 123, sec. 4, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 71, sec. 9, effective June 20, 2005. -- Created 2003 Ky. Acts ch. 92, sec. 1, effective June 24, 2003.

Legislative Research Commission Note (11/6/2019). This statute was amended by 2019 Ky. Acts chs. 23 and 187. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 23, which was last enacted by the General Assembly, prevails under KRS 446.250.

118.370 Repealed, 1972.

[Repealed]

118.375 Independent, political organization, or political group candidates filing to fill vacancy -- Ineligibility of Senior Status Special Judge.

(1) If a vacancy occurs in any elective office less than one hundred sixty (160) days before the primary or at any time before the time prescribed in KRS 118.365 for filing petitions of nomination, independent, or political organization, or political group candidates may file their petitions at the time and place provided in KRS 118.365, subject to the restrictions concerning party registration and candidacy provided in KRS 118.315(1).

(2) If a vacancy occurs in any elective office after the time prescribed in KRS 118.365 for filing petitions of nomination, but not less than three (3) months before the regular election, independent, or political organization, or political group candidates may file their petitions not later than the second Tuesday in August preceding the regular election for the office sought, subject to the restrictions concerning party registration and candidacy provided in KRS 118.315(1).

(3) 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: November 6, 2019

History: Amended 2019 Ky. Acts ch. 187, sec. 11, effective November 6, 2019. -- Amended 2018 Ky. Acts ch. 162, sec. 8, effective November 7, 2018. -- Amended 2013 Ky. Acts ch. 66, sec. 7, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 123, sec. 5, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 48, sec. 48, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 287, sec. 15, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 22, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 130, sec. 123, effective June 21, 1974.

118.380 Repealed, 1972.

[Repealed]

118.385 Preservation of certain voting records.

(1) The Secretary of State and county clerks shall preserve in their respective offices all certificates and petitions of nomination filed therein, for six (6) months after the election for which the nominations were made.

(2) Each county clerk and the Secretary of State shall retain and preserve, for a period of twenty-two (22) months from the date of any primary or general or special election at which candidates for the office of presidential elector or member of the United States Senate or House of Representatives are voted for, and only for the precincts in which any such office appears on the ballot all records and papers relative to the voter returns for all the offices voted for in those precincts.

Effective: July 15, 1986

History: Amended 1986 Ky. Acts ch. 470, sec. 29, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 130, sec. 124, effective June 21, 1974.

118.387 Posting of candidate information to website by county clerk and Secretary of State.

The county clerk of each county and the Secretary of State shall prominently display on his or her official website, the candidates, the email address or post office box address, the office sought, the district number of the office sought, if applicable, and the political affiliation of each partisan candidate, who is on the ballot for any regular election. The posting required by this section shall occur at least fifty (50) days before a regularly scheduled election and forty-five (45) days before a special election.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 125, sec. 20, effective June 27, 2025. -- Created 2022 Ky. Acts ch. 219, sec. 11, effective July 14, 2022.

118.390 Repealed, 1972.

[Repealed]

118.395 Repealed, 1976.

[Repealed]

118.400 Repealed, 1972.

[Repealed]

118.405 Name of candidate to appear on ballot but once -- Exceptions for filling of vacancy.

No candidate's name shall appear on any ballot, including any federal provisional ballot, federal provisional absentee ballot, or absentee ballot more than once, except that a candidate's name may appear twice if he or she is a candidate for a primary or a regular election and also a candidate to fill a vacancy in the same office required to be filled at a special election, when the special election to fill a vacancy is scheduled for the regular election day.

Effective: June 29, 2021

History: Amended 2021 Ky. Acts ch. 197, sec. 55, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 89, sec. 29, effective July 15, 2020. -- Amended 1990 Ky. Acts ch. 48, sec. 49, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 30, effective July 15, 1986. -- Amended 1976 Ky. Acts ch. 54, sec. 28, effective March 10, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 126, effective June 21, 1974.

118.410 Repealed, 1972.

[Repealed]

118.415 Constitutional amendments.

(1) The General Assembly may state the substance of the amendment proposed to the Constitution of Kentucky in the form of a question in a manner calculated to inform the electorate of the substance of the amendment. When an amendment to the Constitution has been proposed by the General Assembly, the Secretary of State shall cause the question calculated to inform the electorate of the substance of the amendment which is prepared by the General Assembly to be published at least one

(1) time in a newspaper of general circulation published in this state, and shall also cause to be published at the same time and in the same manner the fact that the amendment will be submitted to the voters for their acceptance or rejection at the next regular election at which members of the General Assembly are to be voted

for. The publication shall be made not later than the first Tuesday in August preceding the election at which the amendment is to be voted on.

(2) The General Assembly shall state the entirety of an amendment to the Constitution of Kentucky which has been proposed by the General Assembly in the form of a question and, not later than April 15 preceding the next regular election at which members of the General Assembly are to be chosen, shall certify the question to the Secretary of State to be placed on the ballots.

(3) The Secretary of State, not later than the second Monday after the second Tuesday in August preceding the next regular election at which members of the General Assembly are to be chosen in a year in which there is not an election for President and Vice President of the United States, or not later than the Thursday after the first Tuesday in September preceding a regular election in a year in which there is an election for President and Vice President of the United States, shall certify the substance of the amendment, as stated and certified by the General Assembly, to the county clerk of each county, and the county clerk shall have the substance of the amendment, as so certified, indicated on the ballots.

(4) The votes cast for and against the amendment shall be counted, canvassed, and certified to the Secretary of State in the same manner as the votes cast for any officer elective by the votes of the whole state. If a majority of the votes cast on the question are for the amendment, it shall become a part of the Constitution.

(5) The expenses of the publications provided for in this section shall be paid as are the expenses of other publications that the Secretary of State is required to make in connection with elections.

Effective: April 27, 2024

History: Amended 2024 Ky. Acts ch. 224, sec. 19, effective April 27, 2024. -- Amended 2021 Ky. Acts ch. 197, sec. 56, effective June 29, 2021. -- Amended 1998 Ky. Acts ch. 2, sec. 8, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 195, sec. 18, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 461, sec. 1, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 296, sec. 13, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 185, sec. 23, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 29, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 318, sec. 8, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 127, effective June 21, 1974.

118.420 Repealed, 1972.

[Repealed]

118.425 Issuance of certificates of election -- Tie votes.

(1) The State Board of Elections shall issue certificates of election where the successful candidate was voted for by the state at large, was voted for by a district greater than one (1) county, or was a candidate for member of Congress or the General Assembly.

(2) Except as provided in subsection (3) of this section, not later than the second Monday after the election, the county board of elections shall issue certificates of election where the successful candidate was voted for by the electors of one (1) county, or of a district less than one (1) county, except members of Congress, members of the General Assembly, and designated officers filing with the Secretary of State. The right to contest or recount an election in accordance with KRS Chapter 120 shall not be impaired. The county board of elections of the candidate's residence shall issue certificates of election where the successful candidate was voted for by the electors of a city or school district whose boundaries extend beyond those of a single county. The board shall forward the certificate to the elected candidate. If the board finds that two (2) or more candidates have received the highest and equal number of votes for the same office, the board shall determine by lot which of the candidates is elected.

(3) In counties containing cities of the first class, not later than the thirtieth day of December after the election, the county board of elections shall issue certificates of election where the successful candidate was voted for by the electors of the county, except members of Congress, members of the General Assembly, and designated officers filing with the Secretary of State. The right to contest or recount an election in accordance with KRS Chapter 120 shall not be impaired. The county board of elections of the candidate's residence shall issue certificates of election where the successful candidate was voted for by the electors of a city whose boundaries extend beyond those of a single county. The board shall forward the certificate to the elected candidate. If the board finds that two (2) or more candidates have received the highest and equal number of votes for the same office, the board shall determine by lot which of the candidates is elected.

(4) In the case of all offices voted for, and in the case of public questions submitted to the vote of the people of the state at large or of a district greater than one (1) county, the county board of elections shall make out duplicate certificates of the total number of votes received by each of the candidates for the office and the total number of votes for and against each of the questions on a form prescribed by the State Board of Elections through the promulgation of administrative regulations in accordance with KRS Chapter 13A. The certificate of the total number of votes shall be certified to the Secretary of State's Office following the conclusion of the hand-to-eye audit established in KRS 117.383 and not later than 12 p.m., prevailing time, on the Tuesday following all elections. The clerk shall keep one (1) of the certificates in his or her office. He or she shall not later than three (3) days after receiving the certificate from the board, forward the other certificate by mail to the Secretary of State who shall deliver it to the State Board of Elections.

(5) 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 election. The right to contest or recount an election in accordance with KRS Chapter 120 shall not be impaired. A majority of the members of the board shall constitute a quorum and may act. The board shall make out the certificates of election in the office of the board from the returns made. The board shall make out duplicate certificates of election, in writing, over the signatures of its members. The board shall forward the original certificate, by mail, to the elected candidate. The duplicate shall be retained in the office of the board. In the case of the election of a representative in Congress, an additional certificate shall be made and sent, by mail, to the clerk of the House of Representatives.

(6) The certificate of election shall be issued to the candidate receiving the highest number of votes in the territory from which the election is to be made. If two (2) or more persons 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. In the case of elections for electors of President and Vice President of the United States, the board shall issue a certificate of election to each elector of the political party or organization whose candidates for President and Vice President received the highest number of votes and the determination by the board that the candidates of any political party or organization for President and Vice President have received the highest number of votes shall constitute a determination that the electors nominated by that party have been elected.

Effective: June 27, 2025

History: Amended 2025 Ky. Acts ch. 125, sec. 21, effective June 27, 2025. -- Amended 2016 Ky. Acts ch. 62, sec. 6, effective July 15, 2016. -- Amended 2010 Ky. Acts ch. 176, sec. 12, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 79, sec. 8, effective July 15, 2008. -- Amended 2002 Ky. Acts ch. 77, sec. 2, effective July 15, 2002. -- Amended 1990 Ky. Acts ch. 169, sec. 10, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 31, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 24, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 394, sec. 30, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 318, sec. 9, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 128, effective June 21, 1974.

118.430 Repealed, 1972.

[Repealed]

118.435 Time of election of presidential electors.

The election of electors of President and Vice President of the United States shall be held on the Tuesday next after the first Monday in November every four (4) years, beginning with 1892. The Governor may, by proclamation, appoint the same day in any other year, pursuant to Act of Congress, for holding the election, in the event of a vacancy in the offices of President and Vice President.

Effective: June 21, 1974

History: Amended 1974 Ky. Acts ch. 130, sec. 129, effective June 21, 1974.

118.440 Repealed, 1972.

[Repealed]

118.445 Meeting of presidential electors -- Filling vacancy if elector fails to attend.

The electors of President and Vice President of the United States shall convene at the State Capitol, or other location publicly designated by the Secretary of State on his or her official website, at 11:45 a.m. on the first Tuesday after the second Wednesday in December next after their election, give their votes at or after 12 noon, and make return thereof according to law. If any elector fails to attend by 12 noon, on the day of the meeting, those in attendance shall fill his or her place by the election of another person, who shall have the same powers as if originally elected by the people.

Effective: April 27, 2024

History: Amended 2024 Ky. Acts ch. 224, sec. 20, effective April 27, 2024. -- Amended 1986 Ky. Acts ch. 470, sec. 32, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 130, sec. 130, effective June 21, 1974.

118.450 Repealed, 1972.

[Repealed]

118.455 Compensation of presidential electors.

Each elector of President and Vice President of the United States, for each day he attends at the State Capitol as an elector, shall receive the same per diem and mileage as may at the time be allowed to members of the General Assembly, to be paid out of the State Treasury.

Effective: June 21, 1974

History: Created 1974 Ky. Acts ch. 130, sec. 131, effective June 21, 1974.

118.465 Election of United States Senators.

One (1) United States Senator shall be elected at the regular November election every six

(6) years beginning with 1914, and one (1) shall be elected at the regular November election every six (6) years beginning with 1918, to succeed the Senator whose term will expire the succeeding year. The election for United States Senator shall be held and the result shall be ascertained and certified in the same manner as the elections for state officers. After the returns have been canvassed, the Governor shall certify the election of the person elected to the President of the Senate of the United States. The certificate shall be under the seal of the state and shall be countersigned by the Secretary of State. All electors who are eligible to vote for representatives in Congress shall be eligible to vote for United States Senator, and the person receiving the highest number of votes shall be declared elected.

Effective: June 21, 1974

History: Created 1974 Ky. Acts ch. 130, sec. 132, effective June 21, 1974.

118.475 Time of election of representatives in Congress.

The election of representatives in Congress shall be held on the Tuesday next after the first Monday in November in every even numbered year.

Effective: June 21, 1974

History: Created 1974 Ky. Acts ch. 130, sec. 133, effective June 21, 1974.

118.485 Repealed, 1991.

[Repealed]

118.495 Repealed, 1991.

[Repealed]

Presidential Preference Primaries Presidential Preference Primaries

118.550 Repealed, 1984.

[Repealed]

118.551 Repealed, 2026.

[Repealed]

118.555 Methods by which to determine a political party's delegate votes for presidential candidates.

(1) The state executive committee of each political party shall, pursuant to its party's rules, determine whether to distribute its party's authorized delegate votes for presidential candidates at its party's national convention based on the results of a party caucus, a presidential preference primary, or a combination of the two (2) methods. Each state executive committee shall notify the State Board of Elections of its decision not later than the December 31 preceding the day for conducting a presidential preference primary as set by KRS 118.561.

(2) If a state executive committee determines that its party's authorized delegate votes for presidential candidates at its party's national convention shall be distributed based on the results of a party caucus, a presidential preference primary shall not be conducted for that political party, and the provisions of KRS 118.561 to 118.651 shall not apply. The distribution of delegates among the presidential candidates shall be determined by party rule.

(3) If a state executive committee determines that its party's authorized delegate votes for presidential candidates at its party's national convention shall be distributed based on the results of both a party caucus and a presidential preference primary, the formula for distribution of authorized delegate votes based on the results of a party caucus shall be determined by party rule. The distribution of delegates based on the results of a presidential preference primary shall be in accordance with the provisions of KRS 118.641(1). Regardless of the method by which the authorized delegate votes are distributed, the casting of votes on the first ballot at each party's national convention shall be in accordance with the provisions of KRS 118.641(2).

Effective: July 14, 1992

History: Amended 1992 Ky. Acts ch. 296, sec. 14, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 431, sec. 2, effective July 13, 1990.

118.560 Repealed, 1984.

[Repealed]

118.561 Presidential preference primary election.

(1) Subject to KRS 118.555, on the first Tuesday after the third Monday in May, in each presidential election year, the Commonwealth of Kentucky shall conduct presidential preference primary elections within each political party.

(2) Hours of voting shall be in accordance with KRS 118.035.

(3) The cost of election, officials, and the entire method of conducting the presidential preference primary shall be in accordance with Kentucky statutory provisions on primary elections.

Effective: July 15, 2002

History: Amended 2002 Ky. Acts ch. 262, sec. 2, effective July 15, 2002. -- Amended 1990 Ky. Acts ch. 431, sec. 3, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 29, sec. 2, effective July 15, 1986.

118.570 Repealed, 1984.

[Repealed]

118.571 Voter qualification.

To qualify to vote in a presidential preference primary in the Commonwealth a voter must register to vote in the same manner as prescribed in KRS Chapter 116. A voter shall vote only in the presidential preference primary of the political party for which he has declared a preference as required by KRS 116.055.

Effective: July 15, 1986

History: Created 1986 Ky. Acts ch. 29, sec. 3, effective July 15, 1986.

118.580 Repealed, 1984.

[Repealed]

118.581 Nomination of candidates by State Board of Elections.

The State Board of Elections shall convene in Frankfort on the third Tuesday in December preceding a presidential preference primary. At the meeting required by this section, the board shall nominate as presidential preference primary candidates all those candidates of the political parties for the office of President of the United States who have qualified for matching federal campaign funds. Immediately upon completion of this requirement, the board shall transmit a list of all the nominees selected to the Secretary of State and shall also release the list to the news media.

Effective: November 6, 2019

History: Amended 2019 Ky. Acts ch. 187, sec. 6, effective November 6, 2019. -- Amended 1992 Ky. Acts ch. 296, sec. 15, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 52, effective July 13, 1990; and ch. 431, sec. 4, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 29, sec. 4, effective July 15, 1986; and ch. 470, sec. 20, effective July 15, 1986.

118.590 Repealed, 1984.

[Repealed]

118.591 Nomination of presidential preference primary candidate by petition -- Qualification of candidate through filing of notice of candidacy.

(1) Any person seeking the endorsement by a political party for the office of President of the United States, or any group organized in this state on behalf of, and with the consent of, the person, may file with the Secretary of State certified petitions signed by five thousand (5,000) persons who, at the time they sign, are registered and qualified voters in the Commonwealth and are affiliated, by registration, with the same political party as the candidate for whom petitions are filed.

(2) The petitions shall be filed by the petitioners with the Secretary of State no later than the first Friday following the first Monday in January preceding a presidential preference primary.

(3) The petitions shall state:

(a) The name of the candidate for nomination and the party of which the candidate is a member; and

(b) The name and address of the chair of the group circulating such petition.

(4) The Secretary of State shall determine the sufficiency of petitions filed with him or her and shall immediately communicate his or her determination to the chair of the group which has filed the petitions.

(5) In lieu of the petition requirements of subsections (1) to (4) of this section, a candidate may qualify to appear on the presidential preference primary ballot of the candidate's political party by filing with the Secretary of State, no later than the first Friday following the first Monday in January preceding a presidential preference primary, a notice of candidacy signed by the candidate and either of the following:

(a) A certification by the Federal Election Commission that, by the filing deadline, the candidate has qualified for matching federal campaign funds; or

(b) Evidence that, by the filing deadline, the candidate's name is qualified to appear on the presidential preference primary ballot of the candidate's political party in at least twenty (20) other states.

(6) The Secretary of State shall determine the sufficiency of the documentation provided pursuant to subsection (5) of this section and shall immediately communicate his or her determination to the candidate or the candidates's agent.

Effective: November 6, 2019

History: Amended 2019 Ky. Acts ch. 187, sec. 7, effective November 6, 2019. -- Amended 1996 Ky. Acts ch. 3, sec. 1, effective January 29, 1996. -- Amended 1992 Ky. Acts ch. 296, sec. 16, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 53, effective July 13, 1990; and ch. 431, sec. 5, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 21, effective July 15, 1986. -- Created 1986 Ky. Acts ch. 29, sec. 5, effective July 15, 1986.

118.600 Repealed, 1984.

[Repealed]

118.601 Notification of nominees by Secretary of State -- Order of names on ballot -

Certification of candidates.

(1) The Secretary of State shall contact each person who has been nominated by petition, or who has been nominated pursuant to KRS 118.591(5) and (6), and notify him or her in writing by certified mail, with return receipt requested, that his or her name will appear as a candidate on the Kentucky presidential primary ballot of his or her party.

(2) The order in which the names of candidates for a presidential preference primary are to be printed on the ballot shall be determined by lot at a public drawing in the office of the Secretary of State at 2 p.m., standard time, on the Thursday following the filing deadline for the presidential preference primary as established in KRS 118.591.

(3) Not later than the date set forth in KRS 118.215(1)(a) preceding the presidential preference primary, and after the order of the names has been determined as provided by subsection (2) of this section, the Secretary of State shall certify to each county clerk the name, place of residence, and party of each candidate, as specified in the notice of candidacy forms or petitions filed with the Secretary of State and shall designate the device with which the candidates of each party shall be printed, in the order in which they are to appear on the ballot, with precedence to be given to the party that polled the highest number of votes at the preceding election for presidential electors, followed by the political party which received the second highest number of votes.

Effective: November 6, 2019

History: Amended 2019 Ky. Acts ch. 187, sec. 8, effective November 6, 2019. -- Amended 2008 Ky. Acts ch. 79, sec. 14, effective July 15, 2008. -- Amended 1996 Ky. Acts ch. 3, sec. 2, effective January 29, 1996. -- Amended 1992 Ky. Acts ch. 296, sec. 17, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 54, effective July 13, 1990; and ch. 431, sec. 6, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 29, sec. 6, effective July 15, 1986; and ch. 470, sec. 22, effective July 15, 1986.

118.610 Repealed, 1984.

[Repealed]

118.611 Candidates required to make deposit with Secretary of State -- Refund -- Escheat to Commonwealth.

Before any candidate's name is placed upon the official ballot by the Secretary of State for a presidential preference primary in the Commonwealth, the candidate shall remit to the Secretary of State a filing fee of one thousand dollars ($1,000), which shall be nonrefundable unless no presidential preference primary is held.

Effective: July 13, 1990

History: Amended 1990 Ky. Acts ch. 48, sec. 55, effective July 13, 1990; and ch. 431, sec. 7, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 29, sec. 7, effective July 15, 1986.

Legislative Research Commission Note (7/13/90). This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.

118.620 Repealed, 1984.

[Repealed]

118.621 Secretary of State to place candidates' names on ballot -- Provisions for casting uncommitted vote.

The Secretary of State shall place the names of all candidates who have been nominated by petition, or who have been nominated pursuant to KRS 118.591(5) and (6), on the official presidential preference primary ballot of their respective political parties. The Secretary of State shall additionally place on the ballot of each political party a ballot slot for voters to cast an "uncommitted" vote. This vote shall be entitled to the same proportionate representation as a candidate under KRS 118.641, but delegates representing these voters shall not be bound by the first ballot requirement of KRS 118.631.

Effective: January 29, 1996

History: Amended 1996 Ky. Acts ch. 3, sec. 3, effective January 29, 1996. -- Amended 1990 Ky. Acts ch. 48, sec. 56, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 29, sec. 8, effective July 15, 1986.

118.630 Repealed, 1984.

[Repealed]

118.631 Certification of results of preference primary.

Upon completion of the official canvass of the results of the primary by the State Board of Elections, the Secretary of State shall certify to the state chairman of each political party participating in the presidential preference primary the following:

(1) The names of the candidates entitled to delegate votes under provisions of KRS 118.641;

(2) The total vote received by each;

(3) A declaration that the results of the presidential preference primary, in accordance with the division of votes reflected by the official canvass, shall be the official vote cast by each political party at its national convention, on the first ballot only, and shall be designated by KRS 118.555 to 118.651 as an automatic vote, expressing the will of the people of the Commonwealth of Kentucky; and

(4) After the vote on the first ballot by the political party at its national convention, as required by this section, all responsibility under KRS 118.555 to 118.651 shall terminate and further balloting shall be the prerogative of the political parties as might be prescribed by the rules of such political parties.

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 21, effective April 14, 2026. -- Created 1986 Ky. Acts ch. 29, sec. 9, effective July 15, 1986.

118.640 Repealed, 1984.

[Repealed]

118.641 Distribution of authorized delegate vote among party candidates.

(1) The political parties in distributing authorized delegate votes among party candidates shall select one (1) of the following methods of distribution:

(a) The candidates receiving the highest number of votes, provided each candidate receives at least fifteen percent (15%) of the total vote cast by his or her political party, shall be awarded a pro rata portion of the authorized delegate vote of his or her political party as follows:

The total vote received by the candidates qualifying under the provisions of KRS 118.555 to 118.651 and subsections herein shall, when combined, be equal to one hundred percent (100%);
Each such candidate shall share in the total percentage in direct proportion to the total vote received by him or her mathematically determined to be the percentage of the aggregate vote which represents one hundred percent (100%);
Each political party shall appropriate such percentage, as is determined by this section, to the total number of delegate votes as are allotted by the national committee of each party; or

(b) The candidate receiving the highest number of votes cast by his or her political party shall be awarded a pro rata portion of the authorized delegate vote of his or her political party in compliance with the state party rules for that party.

(2) Each political party shall, on the first ballot at its national convention, cast this Commonwealth's vote for the candidates as determined by the primary or party caucus and calculated under this section or under party rules, whichever is applicable. Provided, however, that in the event of the death or withdrawal of a candidate receiving votes under this section prior to the tabulation of the first ballot, any delegate votes allocated to such candidate shall be considered uncommitted. Withdrawal shall mean notice in writing by the candidate to the chairperson of the Kentucky delegation prior to the first ballot.

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 22, effective April 14, 2026. -- Amended 1990 Ky. Acts ch. 431, sec. 8, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 29, sec. 10, effective July 15, 1986.

118.650 Repealed, 1984.

[Repealed]

118.651 Notice to political party's national committee.

It shall be the responsibility of the state chairperson of each political party to notify his or her party's national committee, no later than January 30 of each year in which such presidential primary shall be conducted, of the provisions contained herein relating to the automatic vote on the first ballot as required under KRS 118.555 to 118.651.

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 23, effective April 14, 2026. -- Created 1986 Ky. Acts ch. 29, sec. 11, effective July 15, 1986.

Special Elections Special Elections

118.710 Proclamation for special election of Governor.

Except as provided in KRS 120.205, when a vacancy happens in the office of Governor, requiring an election, a proclamation therefor shall be issued by the Chief Justice of the Supreme Court, or if he is absent from the state or unable to act, by one (1) of the associate justices, and shall be directed to the sheriffs. The proclamation shall be published by the sheriffs as required by KRS 118.750.

Effective: July 15, 1986

History: Amended 1986 Ky. Acts ch. 470, sec. 33, effective July 15, 1986. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 132, effective March 19, 1977. -- Created 1974 Ky. Acts ch. 130, sec. 147, effective June 21, 1974.

118.720 Proclamation for special election for Congressional representative or United States Senator -- Winner of special election to hold office for remainder of unexpired term.

When an election is to be held to fill a vacancy in the office of representative in Congress, or in the office of United States Senator, a proclamation therefor, in lieu of a writ of election, shall be issued and signed by the Governor and shall be directed to the proper sheriffs. The proclamation shall be published by the sheriffs as required by KRS 118.750. The candidate who is certified as the winner of the special election shall hold the position of the office of which he or she has been elected for the remainder of the unexpired term.

Effective: April 12, 2024

History: Amended 2024 Ky. Acts ch. 187, sec. 1, effective April 12, 2024. -- Amended 1986 Ky. Acts ch. 470, sec. 34, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 130, sec. 148, effective June 21, 1974.

118.730 Writ for special election for member of General Assembly -- Location where voting to be conducted when only one candidate nominated -- Exceptions.

(1) When a vacancy exists in either house of the General Assembly during its session, the presiding officer of the house in which the vacancy exists shall issue a writ of election; when the General Assembly is not in session, the writ shall be issued by the Governor. The writ shall be signed by the officer issuing it, shall designate the day for holding the election, and shall be directed to the proper sheriff or sheriffs.

(2) If a writ of election has been issued to fill a vacancy in either house of the General Assembly and only one (1) candidate has been nominated under KRS 118.760 and 118.770 and no candidate has filed a declaration of intent to be a write-in candidate for the vacancy under KRS 117.265(2), the county clerks of the counties in the territory in which the special election is to be held shall conduct voting in only one

(1) of the following:

(a) The county clerk's office; or

(b) Other place or places designated by the county board of elections and approved by the State Board of Elections.

(3) Subsection (2) of this section shall not apply when the writ of election calls for the election to be held on either:

(a) The day of a primary or general election; or

(b) The same day as any other special election, except an uncontested special election to fill a vacancy in either house of the General Assembly.

Effective: March 28, 2012

History: Amended 2012 Ky. Acts ch. 8, sec. 2, effective March 28, 2012. -- Amended 1984 Ky. Acts ch. 208, sec. 1, effective July 13, 1984. -- Created 1974 Ky. Acts ch. 130, sec. 149, effective June 21, 1974.

Legislative Research Commission Note (3/28/2012). 2012 Ky. Acts ch. 8, sec. 5, provides that the amendments to this statute in 2012 Ky. Acts ch. 8 shall be cited as "The Dewayne Bunch Act."

118.740 Delivery of proclamations and writs to sheriffs -- Notice of election or special election.

(1) A copy of a proclamation issued under KRS 118.710 or 118.720, or a writ of election issued under KRS 67C.103, 118.730, 120.205, or 120.215 shall be forwarded by mail to the sheriff of each county in the district in which the election is to be held, at least sixty-three (63) days before the election. The sheriff of each county in which an election is to be held shall give notice at least fifty-six (56) days before the day of election. If, from any cause, the sheriff cannot properly act, he or she shall immediately hand the writ or proclamation to the person authorized to act in his or her place.

(2) If a special election is administered under KRS 118.730(2), the notice required by subsection (1) of this section shall include the location of the election.

Effective: April 27, 2024

History: Amended 2024 Ky. Acts ch. 187, sec. 2, effective April 4, 2024 -- Amended 2024 Ky. Acts ch. 224, sec. 21, effective April 27, 2024. -- Amended 2023 Ky. Acts ch. 97, sec. 2, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 154, sec. 2, effective June 29, 2021; and ch. 197, sec. 86, effective June 29, 2021. -- Amended 2013 Ky. Acts ch. 131, sec. 24, effective April 5, 2013. -- Amended 2012 Ky. Acts ch. 8, sec. 3, effective March 28, 2012. -- Amended 1990 Ky. Acts ch. 48, sec. 57, effective July 13, 1990. -- Created 1974 Ky. Acts ch. 130, sec. 150, effective June 21, 1974.

Legislative Research Commission Note (4/27/2024). This statute was amended by 2024 Ky. Acts chs. 187 and 224, which do not appear to be in conflict and have been codified together.

Legislative Research Commission Note (3/28/2012). 2012 Ky. Acts ch. 8, sec. 5, provides that the amendments to this statute in 2012 Ky. Acts ch. 8 shall be cited as "The Dewayne Bunch Act."

118.750 Publication of proclamations and writs by sheriffs.

Immediately on receipt of a proclamation or writ of election, or other sufficient information thereof, the sheriff shall give notice thereof by publication pursuant to KRS Chapter 424 and by handbills posted at the courthouse door and at the several places of voting.

Effective: June 21, 1974

History: Created 1974 Ky. Acts ch. 130, sec. 151, effective June 21, 1974.

118.760 Nominations of candidates for special elections.

Nominations by political parties, as defined in KRS 118.015, to fill vacancies at special elections shall be made in the manner determined by the governing authority of the party in the territory in which the election is to be held. An independent, or political organization, or political group candidate may be nominated at a special election by a petition of electors qualified to vote for him or her. The independent, or political organization, or political group candidate shall not be a registered member of a political party prior to the filing of the petition as prescribed in KRS 118.770. The form of the petition and the required number of signatures on the petition are set forth in KRS 118.315(2).

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 123, sec. 6, effective July 15, 2010. -- Amended 1986 Ky. Acts ch. 470, sec. 35, effective July 15,1986. -- Created 1974 Ky. Acts ch. 130, sec. 152, effective June 21, 1974.

118.770 Time for filing petitions and certificates of nomination for special election of Governor, congressional representative, or General Assembly member.

When a writ of election or proclamation is issued to fill a vacancy as prescribed in KRS 118.710, 118.720, or 118.730, independent, or political organization, or political group petitions and certificates of nomination shall be filed at least fifty-six (56) days before the day of election, and if filed with the Secretary of State shall be immediately certified by him or her to the proper county clerks.

Effective: April 27, 2024

History: Amended 2024 Ky. Acts ch. 187, sec. 3, effective April 12, 2024 – Amended 2024 Ky. Acts ch. 224, sec. 22, effective April 27, 2024. -- Amended 2021 Ky. Acts ch. 154, sec. 3, effective June 29, 2021. -- Amended 2013 Ky. Acts ch. 131, sec. 25, effective April 5, 2013. -- Amended 2012 Ky. Acts ch. 8, sec. 4, effective March 28, 2012. -- Amended 2010 Ky. Acts ch. 123, sec. 7, effective July 15, 2010. -- Amended 1990 Ky. Acts ch. 48, sec. 58, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 36, effective July 15, 1986. -- Created 1974 Ky. Acts ch. 130, sec. 153, effective June 21, 1974.

Legislative Research Commission Note (4/27/2024). This statute was amended by 2024 Ky. Acts chs. 187 and 224, which do not appear to be in conflict and have been codified together.

Legislative Research Commission Note (3/28/2012). 2012 Ky. Acts ch. 8, sec. 5, provides that the amendments to this statute in 2012 Ky. Acts ch. 8 shall be cited as "The Dewayne Bunch Act."

118.775 Person elected to fill vacancy to take office immediately upon certification of results and administration of oath -- Determination by house of General Assembly.

A successful candidate in a special election held for the purpose of filling a vacancy in any elective office shall take office immediately upon certification of the election results by the State Board of Elections or the county board of elections in which the special election was held, administration of the oath of office, and if the successful candidate was a candidate for the General Assembly, upon being determined to be a member by the house in which membership is sought.

Effective: June 29, 2021

History: Amended 2021 Ky. Acts ch. 197, sec. 81, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 123, sec. 8, effective July 15, 2010. -- Created 1990 Ky. Acts ch. 48, sec. 50, effective July 13, 1990.

118.780 Repealed, 1976.

[Repealed]

118.790 Repealed, 1976.

[Repealed]

118.990 Repealed, 1974.

[Repealed]

Penalties Penalties

118.995 Penalties.

(1) Any person who violates any of the provisions of KRS 118.136 shall be guilty of a Class A misdemeanor.

(2) If the Secretary of State violates any of the provisions of subsection (4) of KRS 118.215, he shall be guilty of a Class D felony.

(3) Any person who violates subsection (5) of KRS 118.176 shall be guilty of a Class A misdemeanor.

(4) If any county clerk violates any of the provisions of subsection (5) of KRS 118.305, he shall be guilty of a Class D felony.

Effective: July 13, 1990

History: Amended 1990 Ky. Acts ch. 48, sec. 59, effective July 13, 1990; and ch. 366, sec. 9, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 188, sec. 100, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 384, sec. 562, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 130, sec. 156, effective June 21, 1974.

Legislative Research Commission Note (7/13/90). This section was amended by two 1990 Acts which do not appear to be in conflict and have been compiled together.