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AN ACT relating to elections. 1
WHEREAS, ensuring access to fair, transparent, and lawful elections is of 2
paramount importance to the democratic process and to the confidence of the public in 3
the integrity of the election system; and 4
WHEREAS, the Kentucky General Assembly recognizes the need to address 5
potential gaps or ambiguities in the election laws and procedures as reflected in the case 6
of Kulkarni v. Horlander, 701 S.W.3d 181 (Ky. 2024), in order to safeguard the rights of 7
all voters and strengthen the electoral system; and 8
WHEREAS, the Kentucky General Assembly seeks to provide appropriate 9
remedies and reforms to prevent similar issues from arising in future elections and to 10
ensure compliance with both state and federal laws regarding voter rights and election 11
administration; 12
NOW, THEREFORE, 13
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 14
Section 1. KRS 118.125 is amended to read as follows: 15
(1) Except as provided in KRS 118.155, any person who is qualified under the 16
provisions of KRS 116.055 to vote in any primary for the candidates for nomination 17
by the party at whose hands he or she seeks the nomination, shall have his or her 18
name printed on the official ballot of his or her party for an office to which he or 19
she is eligible in that primary, upon filing, with the Secretary of State or county 20
clerk, as appropriate, at the proper time, a notification and declaration. 21
(2) The notification and declaration shall be in the form prescribed by the State Board 22
of Elections and shall include four (4) lines for signatures. It shall be signed by 23
the candidate and by not less than two (2) registered voters of the same party from 24
the district or jurisdiction from which the candidate seeks nomination. Signatures 25
for nomination papers shall not be affixed on the document to be filed prior to the 26
first Wednesday after the first Monday in November of the year preceding the year 27 UNOFFICIAL COPY 25 RS BR 1151
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in which the office will appear on the ballot. The notification and declaration for a 1
candidate shall include the following oath: 2
"For the purpose of having my name placed on the official primary election 3
ballot as a candidate for nomination by the ------ Party, I, ------ (name in full as 4
desired on the ballot as provided in KRS 118.129), do solemnly swear that my 5
residence address is ----- (street, route, highway, city if applicable, county, state, 6
and zip code), that my mailing address, if different, is ----- (post office address), and 7
that I am a registered ------ (party) voter; that I believe in the principles of the ------ 8
Party, and intend to support its principles and policies; that I meet all the statutory 9
and constitutional qualifications for the office which I am seeking; that if nominated 10
as a candidate of such party at the ensuing election I will accept the nomination and 11
not withdraw for reasons other than those stated in KRS 118.105(3); that I will not 12
knowingly violate any election law or any law relating to corrupt and fraudulent 13
practice in campaigns or elections in this state, and if finally elected I will qualify 14
for the office." 15
The declaration shall be subscribed and sworn to before an officer authorized to 16
administer an oath by the candidate and by the two (2) voters making the 17
declaration and signing the candidate's petition for office. Upon filing a 18
notification and declaration with the county clerk or Secretary of State, a 19
candidate shall provide documentation that verifies the two (2) voters are of the 20
same party and are from the district or jurisdiction from which the candidate 21
seeks nomination. Acceptable forms of documentation include but are not limited 22
to a photocopy of the voter's registration record obtained from the county clerk's 23
office or a printout of the voter's registration obtained from the State Board of 24
Elections' official website. 25
(3) When the notice and declaration has been filed with the Secretary of State or county 26
clerk, as appropriate, and certified according to KRS 118.165, the Secretary of State 27 UNOFFICIAL COPY 25 RS BR 1151
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or county clerk, as appropriate, shall have the candidate's name printed on the ballot 1
according to the provisions of this chapter, except as provided in KRS 118.185. 2
(4) Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall 3
not be printed on the ballots as part of the candidate's name; however, nicknames, 4
initials, and contractions of given names may be acceptable as the candidate's name. 5
Section 2. KRS 118.165 is amended to read as follows: 6
(1) Except as provided in KRS Chapters 116 to 121, candidates for offices to be voted 7
for by the electors of one (1) county or of a district less than one (1) county, except 8
members of Congress and members of the General Assembly, shall file their 9
nomination papers with the county clerk of the county not earlier than the first 10
Wednesday after the first Monday in November of the year preceding the year the 11
office will appear on the ballot and not later than the first Friday following the first 12
Monday in January preceding the day fixed by law for holding the primary. 13
(2) Candidates for offices to be voted for by the electors of more than one (1) county, 14
and for members of Congress and members of the General Assembly, shall file their 15
nomination papers with the Secretary of State not earlier than the first Wednesday 16
after the first Monday in November of the year preceding the year the office will 17
appear on the ballot and not later than the first Friday following the first Monday in 18
January preceding the day fixed by law for holding the primary. Signatures for 19
nomination papers shall not be affixed on the document to be filed prior to the first 20
Wednesday after the first Monday in November of the year preceding the year in 21
which the office will appear on the ballot. All nomination papers shall be filed no 22
later than 4 p.m. local time at the place of filing when filed on the last date on 23
which the papers may be filed. 24
(3) The Secretary of State or the county clerk shall examine the notification and 25
declaration form of each candidate to determine whether it is regular on its face. If 26
there is an error, the proper officer shall notify the candidate by certified mail 27 UNOFFICIAL COPY 25 RS BR 1151
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within twenty-four (24) hours of filing. Pursuant to subsection (2) of Section 1 of 1
this Act, it shall be the responsibility of the candidate to verify the registration of 2
the two (2) voters making the declaration and signing the candidate's petition for 3
office. The Secretary of State or the county clerk shall not certify any notification 4
and declaration form that does not include the registration documentation 5
required under subsection (2) of Section 1 of this Act. 6
(4) A judge who elected to retire as a Senior Status Special Judge in accordance with 7
KRS 21.580 shall not become a candidate or a nominee for any elected office 8
during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the 9
number of days served by the judge acting as a Senior Status Special Judge. 10
Section 3. KRS 118.176 is amended to read as follows: 11
(1) A "bona fide" candidate means one who is seeking nomination in a primary or 12
election in a special or regular election according to law. 13
(2) The bona fides of any candidate seeking nomination as the nominee of a political 14
party or a nonpartisan or judicial nominee in a primary or election to an office as a 15
member of a political organization, political group, or as an independent in a special 16
or regular election may be questioned by any qualified voter entitled to vote for the 17
candidate or by an opposing candidate by summary proceedings consisting of a 18
motion before the Circuit Court of the judicial circuit in which the candidate whose 19
bona fides is questioned resides. An action regarding the bona fides of the nominee 20
of a political party or a nonpartisan or judicial nominee may be commenced at any 21
time prior to the primary. An action regarding the bona fides for election to an 22
office as a member of a political organization, political group, or as an independent 23
may be commenced at any time prior to a special or regular election. The motion 24
shall be tried summarily and without delay. Proof may be heard orally, and upon 25
motion of either party shall be officially reported. If the Circuit Judge of the circuit 26
in which the proceeding is filed is disqualified or absent from the county or is 27 UNOFFICIAL COPY 25 RS BR 1151
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herself or himself a candidate, the proceeding may be presented to, heard and 1
determined by the Circuit Judge of any adjoining judicial circuit. 2
(3) In any action or proceeding under this section the burden of proof as to the bona 3
fides of a candidate shall be on the person challenging the bona fides of a candidate. 4
The person challenging the bona fides of a candidate shall also have the burden 5
of showing that the candidate acted maliciously or with the intent to defraud the 6
court. 7
(4) If the court finds the candidate is not a bona fide candidate it shall so order, and 8
certify the fact to the board of elections, and the candidate's name shall be stricken 9
from the written designation of election officers filed with the board of elections or 10
the court may refuse recognition or relief in a mandatory or injunctive way. The 11
order of the Circuit Court shall be entered on the order book of the court and shall 12
be subject to a motion to set aside in the Court of Appeals. The motion shall be 13
heard by the Court of Appeals or a judge thereof in the manner provided for 14
dissolving or granting injunctions, except that the motion shall be made before the 15
court or judge within five (5) days after the entry of the order in the Circuit Court, 16
and may be heard and tried upon the original papers, and the order of the Court of 17
Appeals or judge thereof shall be final. 18
(5) No person shall approach the Circuit Judge for the purpose or view of influencing 19
his or her decision on the motion pending before the Circuit Judge or to be tried by 20
him or her. 21