UNOFFICIAL COPY 25 RS BR 1203
Page 1 of 8
XXXX 2/11/2025 12:38 PM Jacketed
AN ACT relating to elections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 118.125 is amended to read as follows: 3
(1) Except as provided in KRS 118.155, any person who is qualified under the 4
provisions of KRS 116.055 to vote in any primary for the candidates for nomination 5
by the party at whose hands he or she seeks the nomination, shall have his or her 6
name printed on the official ballot of his or her party for an office to which he or 7
she is eligible in that primary, upon filing, with the Secretary of State or county 8
clerk, as appropriate, at the proper time, a notification and declaration. 9
(2) The notification and declaration shall be in the form prescribed by the State Board 10
of Elections. It shall be signed by the candidate, but the candidate's signature[ and 11
by not less than two (2) registered voters of the same party from the district or 12
jurisdiction from which the candidate seeks nomination. Signatures for nomination 13
papers] shall not be affixed on the document to be filed prior to the first Wednesday 14
after the first Monday in November of the year preceding the year in which the 15
office will appear on the ballot. The notification and declaration for a candidate 16
shall include the following oath: 17
"For the purpose of having my name placed on the official primary election 18
ballot as a candidate for nomination by the ------ Party, I, ------ (name in full as 19
desired on the ballot as provided in KRS 118.129), do solemnly swear that my 20
residence address is ----- (street, route, highway, city if applicable, county, state, 21
and zip code), that my mailing address, if different, is ----- (post office address), and 22
that I am a registered ------ (party) voter; that I believe in the principles of the ------ 23
Party, and intend to support its principles and policies; that I meet all the statutory 24
and constitutional qualifications for the office which I am seeking; that if nominated 25
as a candidate of such party at the ensuing election I will accept the nomination and 26
not withdraw for reasons other than those stated in KRS 118.105(3); that I will not 27 UNOFFICIAL COPY 25 RS BR 1203
Page 2 of 8
XXXX 2/11/2025 12:38 PM Jacketed
knowingly violate any election law or any law relating to corrupt and fraudulent 1
practice in campaigns or elections in this state, and if finally elected I will qualify 2
for the office." 3
The declaration shall be subscribed and sworn to by the candidate before an officer 4
authorized to administer an oath[ by the candidate and by the two (2) voters making 5
the declaration and signing the candidate's petition for office]. 6
(3) When the notice and declaration has been filed with the Secretary of State or county 7
clerk, as appropriate, and certified according to KRS 118.165, the Secretary of State 8
or county clerk, as appropriate, shall have the candidate's name printed on the ballot 9
according to the provisions of this chapter, except as provided in KRS 118.185. 10
(4) Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall 11
not be printed on the ballots as part of the candidate's name; however, nicknames, 12
initials, and contractions of given names may be acceptable as the candidate's name. 13
Section 2. KRS 118A.060 is amended to read as follows: 14
(1) Except as provided in KRS 118A.100, no person's name shall appear on a ballot, 15
including an absentee ballot, for an office of the Court of Justice without first 16
having been nominated as provided in this section. 17
(2) Each candidate for nomination shall file a petition for nomination with the 18
Secretary of State not earlier than the first Wednesday after the first Monday in 19
November of the year preceding the year in which the office will appear on the 20
ballot and not later than the first Friday following the first Monday in January 21
preceding the day fixed by law for holding the primary for the office. The petition 22
shall be sworn to[ before an officer authorized to administer an oath] by the 23
candidate before an officer authorized to administer an oath[ and by not less than 24
two (2) registered voters from the district or circuit from which he or she seeks 25
nomination]. The petition shall be signed by the candidate, but the candidate's 26
signature[Signatures for nomination papers] shall not be affixed on the document 27 UNOFFICIAL COPY 25 RS BR 1203
Page 3 of 8
XXXX 2/11/2025 12:38 PM Jacketed
to be filed prior to the first Wednesday after the first Monday in November of the 1
year preceding the year in which the office will appear on the ballot. The petition 2
shall be filed no later than 4 p.m. local time at the place of filing when filed on the 3
last date on which the papers are permitted to be filed. 4
(3) (a) The petition for nomination shall be in the form prescribed by the State Board 5
of Elections. The petition shall include a declaration sworn to by the 6
candidate, that he or she possesses all the constitutional and statutory 7
requirements of the office for which the candidate has filed. Titles, ranks, or 8
spurious phrases shall not be accepted on the petition and shall not be printed 9
on the ballots as part of the candidate's name; however, nicknames, initials, 10
and contractions of given names may be acceptable as the candidate's name. 11
(b) The Secretary of State shall certify the exact spelling and form of the name of 12
the candidate to be printed on all ballots in accordance with the requirements 13
listed in KRS 118.129. 14
(4) The Secretary of State shall examine the petition of each candidate to determine 15
whether it is regular on its face. If there is an error, the Secretary of State shall 16
notify the candidate by certified mail within twenty-four (24) hours of filing. The 17
order of names on the ballot for each district or circuit, and numbered division if 18
divisions exist, shall be determined by lot at a public drawing to be held in the 19
office of the Secretary of State at 2 p.m., standard time, on the Thursday following 20
the filing deadline for the primary as established in this section and in KRS 21
83A.045 and 118.165. 22
(5) Not later than the date set forth in KRS 118.215(1)(a) preceding the primary, and 23
after the order of names on the ballot has been determined as required in subsection 24
(4) of this section, the Secretary of State shall: 25
(a) Certify to the county clerks of the respective counties entitled to participate in 26
the election of the various candidates, the name and place of residence of each 27 UNOFFICIAL COPY 25 RS BR 1203
Page 4 of 8
XXXX 2/11/2025 12:38 PM Jacketed
candidate for each office, by district or circuit, and numbered division if 1
divisions exist, as specified in the petitions for nomination filed with him or 2
her; and 3
(b) Designate for the county clerks the office of the Court of Justice with which 4
the names of candidates shall be printed and the order in which they are to 5
appear on the ballot. 6
(6) The ballot position of a candidate shall not be changed after the ballot position has 7
been designated by the Secretary of State. 8
(7) The county clerks of each county shall cause to be printed on the ballots for the 9
primary the names of the candidates for offices in the Court of Justice. 10
(8) The names of the candidates shall be placed on the ballots in a separate column or 11
columns or in a separate line or lines and identified by the words "Judicial Ballot." 12
The words "Vote for one," or "Vote for one in each division," shall be printed on 13
the ballot in an appropriate location. The office, numbered division if divisions 14
exist, and the candidates shall be clearly labeled. No party designation or emblem 15
of any kind, nor any sign indicating any candidate's political belief or party 16
affiliation, shall be used on the ballots. 17
(9) The two (2) candidates receiving the highest number of votes for nomination for 18
justice or judge of a district or circuit, or numbered division if divisions exist, shall 19
be nominated. Certificates of nomination shall be issued as provided in KRS 20
118A.190. 21
(10) If it appears after expiration of the time for filing petitions for nomination that there 22
are not more than two (2) candidates who have filed the necessary petitions for a 23
place on the ballot in the regular election, no drawing for ballot position shall be 24
held and the Secretary of State shall immediately issue and file in the Secretary's 25
office certificates of nomination, and send copies to the candidates. 26
Section 3. KRS 118A.100 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 1203
Page 5 of 8
XXXX 2/11/2025 12:38 PM Jacketed
(1) Candidates for an unexpired term of a judicial office to be filled at a regular 1
election shall be nominated at the primary next preceding the regular election in the 2
manner prescribed in KRS 118A.060 if the vacancy occurs not later than the second 3
Friday in December preceding the primary. If the vacancy occurs on or after that 4
date, the election to fill the unexpired term shall be held in accordance with the 5
procedures described in this section and Section 152 of the Constitution of 6
Kentucky. 7
(2) Each candidate shall file a petition for nomination with the Secretary of State not 8
earlier than the first Wednesday after the first Monday in November of the year 9
preceding the year in which the election for the unexpired term will be held and not 10
later than the first Tuesday after the first Monday in June preceding the day fixed 11
by law for holding the regular election for the unexpired term, if the vacancy occurs 12
prior to the first Tuesday following the first Monday in June. If the vacancy occurs 13
after the first Tuesday following the first Monday in June, each candidate shall file 14
a petition for nomination with the Secretary of State not later than the second 15
Tuesday in August preceding the day fixed by law for holding the regular election 16
for the unexpired term. The petition shall be sworn to by the candidate[ and by not 17
less than two (2) registered voters from the district or circuit from which he or she 18
seeks nomination], before an officer authorized to administer an oath. The petition 19
shall be signed by the candidate, but the candidate's signature[Signatures for 20
nomination papers] shall not be affixed on the document to be filed prior to the first 21
Wednesday after the first Monday in November of the year preceding the year in 22
which the office will appear on the ballot. The petition shall be filed no later than 4 23
p.m. local time at the place of filing when filed on the last date on which the papers 24
are permitted to be filed. 25
(3) The petition for nomination shall be in the form prescribed by the State Board of 26
Elections. The petition shall include a declaration sworn to by the candidate, that he 27 UNOFFICIAL COPY 25 RS BR 1203
Page 6 of 8
XXXX 2/11/2025 12:38 PM Jacketed
or she possesses all the constitutional and statutory requirements of the office for 1
which the candidate has filed. Titles, ranks, or spurious phrases shall not be 2
accepted on the petition and shall not be printed on the ballots as part of the 3
candidate's name; however, nicknames, initials, and contractions of given names 4
may be acceptable as the candidate's name. 5
(4) The Secretary of State shall examine the petition of each candidate to determine 6
whether it is regular on its face. If there is an error, the Secretary of State shall 7
notify the candidate by certified mail within twenty-four (24) hours of filing. 8
(5) The order of names on the ballot for each district or circuit, and numbered division 9
if divisions exist, shall be determined by lot at a public drawing to be held in the 10
office of the Secretary of State at 2 p.m., standard time, on the Thursday following 11
the first Tuesday after the first Monday in June preceding the regular election for 12
those petitions for nomination required to be filed no later than the first Tuesday 13
following the first Monday in June. For those petitions for nomination required to 14
be filed no later than the second Tuesday in August, the order of names on the 15
ballot for each district and circuit, and numbered division if divisions exist, shall be 16
determined by lot at a public drawing to be held in the office of the Secretary of 17
State at 2 p.m., standard time, on the Thursday following the second Tuesday in 18
August preceding the regular election. 19
(6) Not later than the date set forth in KRS 118.215 and after the order of names on the 20
ballot has been determined as required in subsection (5) of this section, the 21
Secretary of State shall: 22
(a) Certify to the county clerks of the respective counties entitled to participate in 23
the election of the various candidates, the name and place of residence of each 24
candidate for each office, by district or circuit, and numbered division if 25
divisions exist, as specified in the petitions for nomination filed with the 26
Secretary of State; and 27 UNOFFICIAL COPY 25 RS BR 1203
Page 7 of 8
XXXX 2/11/2025 12:38 PM Jacketed
(b) Designate for the county clerks the office of the Court of Justice with which 1
the names of candidates shall be printed and the order in which they are to 2
appear on the ballot. 3
(7) The ballot position of a candidate shall not be changed after the ballot position has 4
been designated by the county clerk. 5
(8) The county clerks of each county shall cause to be printed on the ballots, including 6
absentee ballots, for the regular election the names of the candidates for offices of 7
the Court of Justice. 8
(9) The names of the candidates shall be placed on the ballots in a separate column or 9
columns or in a separate line or lines and identified by the words "Judicial Ballot," 10
and in a manner so that the casting of a vote for all of the candidates of a political 11
party will not operate to cast a vote for judicial candidates. The words "Vote for 12
one" or "Vote for one in each division," shall be printed on the appropriate location. 13
The office, numbered division if divisions exist, and the candidates therefor shall be 14
clearly labeled. No party designation or emblem of any kind, nor any sign 15
indicating any candidate's political belief or party affiliation, shall be used on any 16
ballot. 17
(10) The candidate receiving the highest number of votes cast at the regular election for 18
a district or circuit, or for a numbered division if divisions exist, shall be elected. 19
(11) A judge who elected to retire as a Senior Status Special Judge in accordance with 20
KRS 21.580 shall not become a candidate or a nominee for any elected office 21
during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the 22
number of days served by the judge acting as a Senior Status Special Judge. 23
Section 4. KRS 118.155 is amended to read as follows: 24
(1) The provisions of KRS 118.125 shall not apply to any eligible person serving in the 25
Armed Forces of the United States while this country is at war. The name of such 26
person shall be printed on the official ballot of his or her party for an office for 27 UNOFFICIAL COPY 25 RS BR 1203
Page 8 of 8
XXXX 2/11/2025 12:38 PM Jacketed
which he or she is eligible in any primary election when an application has been 1
filed on his or her behalf by two (2) reputable electors of the party at whose hands 2
he or she seeks the nomination. 3
(2) The[Such] application shall be accompanied by a statement signed by the proposed 4
candidate authorizing the action of the electors. 5
(3) The application and the candidate's statement[, herein mentioned,] shall be filed in 6
good faith and with the proper officer at the proper time, as provided for other 7
candidates in primary elections. 8
(4) [The form of such application shall be similar to that of the affidavits required of 9
electors in behalf of other candidates as provided in KRS 118.125. 10
(5) ]Before such a successful candidate is given a certificate of nomination, he or she 11
shall file with the county clerk of the county in which he or she resides a statement 12
that during the campaign for the nomination he or she did not, and while a 13
candidate for the office will not, knowingly violate any election law or any law 14
relating to corrupt and fraudulent practice in campaigns or elections in this state, 15
and if elected will qualify for the office. 16