Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
14.025,
118.105
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
14.025(4) requires the
Department of State, Office of Elections, to be responsible for candidate
filings and assisting the Secretary of State in his or her duties as the chief
election official of Kentucky.
KRS
118.105(3) authorizes the
Secretary of State to certify that a vacancy exists in a nomination because of
death, withdrawal, disqualification to hold the office sought, or severe
disabling condition which arose after the nomination. This administrative
regulation establishes procedures to certify vacancy in nominations.
Section 1. Notification of Vacancy.
(1) The Secretary of State shall be notified
of the vacancy in a nomination governed by
KRS
118.105.
(2) The notification shall:
(c) State the reason for the
vacancy;
(d) Contain documentation
to substantiate the reason for the vacancy;
(e) Be signed by the person making the
notification; and
(3) The
notification may be made by:
(b) The governing
authority of a party;
(c) A
registered voter; or
(d) An
opposing candidate.
(4)
The notification shall be delivered to the Secretary of State by:
(d) Any person authorized by the person
making the notification.
Section 2. Documentation to Substantiate
Reason for Vacancy.
(1) Documentation to
substantiate the reason for a vacancy shall be filed with the notification by
the candidate or governing authority of the party as provided by this section.
For:
(a) Death of a candidate: a certificate
of death or other evidence satisfactory to the Secretary of State, such as a:
1. Certification or written statement from
the coroner; or
2. Certification
from a funeral director;
(b) Withdrawal of a candidate: the Notice of
Candidate Withdrawal form, SBE/SOS/05 (4/21);
(c) Disqualification to hold the office
sought: evidence of legal disqualification; and
(d) Severe disabling condition: medical
evidence of the condition.
(2) Medical evidence of a severe disabling
condition shall consist of medical evidence provided by:
(a) A licensed and practicing:
(b) Other medical professional qualified to
make a determination that the candidate is suffering from a severe disabling
condition.
(3) The
documentation filed to substantiate the reason for vacancy may be challenged,
in writing, by:
(a) The governing authority of
an opposing party;
(b) An opposing
candidate; or
(4)
(a) The Secretary of State shall review all
documentation relating to the reason for a vacancy.
(b) If the Secretary of State determines that
additional documentation is required, he or she shall request a review:
1. Of the medical evidence of a severe
disabling condition filed with the notification; or
2. By a medical professional specified in
subsection (2) of this section.
Section 3. In accordance with
KRS
118.105, the Secretary of State shall not
certify that a vacancy exists if he or she determines that the documentation
filed to substantiate the reason for the vacancy does not establish that a
vacancy exists because of:
(3) Disqualification to hold the office
sought; or
(4) A severe disabling
condition which arose after the nomination.
Section 4. Incorporation by Reference.
(1) "Notice of Candidate Withdrawal,
SBE/SOS/05", April 2021, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Secretary of State's
Office, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m., or may be obtained at
http://www.sos.ky.gov.
STATUTORY AUTHORITY:
KRS
118.105(3)