Ky. Rev. Stat. § 118.105

Nominations by political parties -- Vacancy in candidacy -- Replacement

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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.

Notes of Decisions

Cited in 12 cases (4 in the last 5 years), 1975–2024 · leading case: Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II

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Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky · cites it 4× “580[1" 2 To this end, the following language—or a slight variation thereof3—was inserted to amend the associated statutes: IAccording to the Legislative Research Commission's (LRC) information on HB 427, the following statutes were amended: KRS 118.105, 118.115, 118.125,…”

Thomas v. Lyons (1979) ky · cites it 9× “118 and became KRS 118.105. As it had in KRS 119.020, paragraph (4) of KRS 118.”

Libertarian Party v. Alison Lundergan Grimes (2016) kyed · cites it 6× “” KRS § 118.105(1). A political organization is defined as “a political group not constituting a political party .”

Angela Craig v. Steve Simon (2020) ca8 “§ 25-3905 (a); Ky. Rev. Stat. Ann. § 118.105 (3), (5)-(6); Md.”

Anderson v. Mills (1980) kyed “for the same office for the nomination to which he was a candidate in the primary election except that if a vacancy occurs in the party nomination for which he was a candidate in the primary election his name may be placed on voting machines for the regular election as a…”

Greaves v. Mills (1980) kyed “r the same office for the nomination to which he was a candidate in the primary election, except that if a vacancy occurs in the party nomination for which he was a candidate in the primary election his name may be placed on voting machines for the regular election as a…”

Thompson v. Kenton County Board of Election Commission (1975) kyctapp · cites it 2× “035 and KRS 118.105 to 118.255. However, KRS 118.”

William Zeitz v. Nirupama Kulkarni (2024) ky · cites it 3× “, as the Court of Appeals detailed: The Secretary of State sent correspondence to the Executive Directors of the Kentucky Democratic Party and the Republican Party of Kentucky, certifying a vacancy in candidacy existed for the Office of State Representative, 40th Representative…”

Young v. Beshear (2024) kyed · cites it 3× “2 Young’s 44th Count states that “[t]he KDP and Andy Beshear violated KRS 118.105(1) on March 25, 2023, and thereby illegally rigged the 2023 Democratic Primary for Governor against me.”

Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky · cites it 2× “580[1" 2 To this end, the following language—or a slight variation thereof3—was inserted to amend the associated statutes: 1According to the Legislative Research Commission's (LRC) information on HB 427, the following statutes were amended: KRS 118.105, 118.115, 118.125,…”

Geoffrey M. Young v. Honorable Jeremy Mattox (2022) ky “He also claimed McGrath acted unlawfully in gaining the Democratic Party nomination in violation of KRS 118.105. Accordingly, Young requested McGrath be struck from the ballot and any votes for McGrath in the November 2020 election not count.”

Nirupama Kulkarni v. Dennis Horlander (2024) ky “–––– (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…”

— Ky. Rev. Stat. § 118.105(1) — 2 cases

Libertarian Party v. Alison Lundergan Grimes (2016) kyed “” KRS § 118.105(1). A political organization is defined as “a political group not constituting a political party .”

Young v. Beshear (2024) kyed “2 Young’s 44th Count states that “[t]he KDP and Andy Beshear violated KRS 118.105(1) on March 25, 2023, and thereby illegally rigged the 2023 Democratic Primary for Governor against me.”

— Ky. Rev. Stat. § 118.105(3) — 1 case

— Ky. Rev. Stat. § 118.105(4) — 3 cases

Thomas v. Lyons (1979) ky “118 and became KRS 118.105. As it had in KRS 119.020, paragraph (4) of KRS 118.”

William Zeitz v. Nirupama Kulkarni (2024) ky “, as the Court of Appeals detailed: The Secretary of State sent correspondence to the Executive Directors of the Kentucky Democratic Party and the Republican Party of Kentucky, certifying a vacancy in candidacy existed for the Office of State Representative, 40th Representative…”

Thompson v. Kenton County Board of Election Commission (1975) kyctapp “035 and KRS 118.105 to 118.255. However, KRS 118.”

— Ky. Rev. Stat. § 118.105(7) — 2 cases

Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky “580[1" 2 To this end, the following language—or a slight variation thereof3—was inserted to amend the associated statutes: IAccording to the Legislative Research Commission's (LRC) information on HB 427, the following statutes were amended: KRS 118.105, 118.115, 118.125,…”

Hon George W. Davis III v. Hon Thomas D. Wingate Judge, Franklin Circuit Court Div. II (2014) ky “580[1" 2 To this end, the following language—or a slight variation thereof3—was inserted to amend the associated statutes: 1According to the Legislative Research Commission's (LRC) information on HB 427, the following statutes were amended: KRS 118.105, 118.115, 118.125,…”

— Ky. Rev. Stat. § 118.105(8) — 1 case

Libertarian Party v. Alison Lundergan Grimes (2016) kyed “” KRS § 118.105(1). A political organization is defined as “a political group not constituting a political party .”

— Ky. Rev. Stat. § 118.105(9) — 1 case

Libertarian Party v. Alison Lundergan Grimes (2016) kyed “” KRS § 118.105(1). A political organization is defined as “a political group not constituting a political party .”

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