in which name may appear on ballot.
(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 State Board
of Elections. 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: June 27, 2025
History: 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.
Notes of Decisions
Cited in
10
cases (
4 in the last 5 years), 1976–2024 · leading case:
Heleringer v. Brown, 104 S.W.3d 397 (Ky. 2003).
Heleringer v. Brown, 104 S.W.3d 397 (Ky. 2003).
· cites it 10× “" Fletcher maintains, however, that any slate complying with KRS 118.125 is a presumptively qualified slate and so remains until a member is disqualified; and if the disqualification occurs after the campaign committee was formed, there is no question that the vacancy can be…”
Nirupama Kulkarni v. Dennis Horlander (Ky. 2024).
· cites it 32× “2 Although KRS 118.125 specifically denominates this document as a “notification and declaration,” the term “nomination papers” appears elsewhere throughout KRS Chapter 118.”
Dennis Horlander v. Nirupama Kulkarni (Ky. Ct. App. 2024).
· cites it 17× “-4- However, the Kentucky General Assembly amended KRS 118.125 in 1990. The amendment removed a proviso in the previous text requiring that both nominating witnesses be members of the candidate’s party “at the time of filing.”
Maye v. Pundt, 477 S.E.2d 119 (Ga. 1996).
“§ 3-10-1-14 (c); Ky. Rev. Stat. §§ 118.125 (4) and 118.129 (2); La.”
Eric Deters v. Thomas Harold Massie (Ky. Ct. App. 2024).
“125(2)1 mandates that a notification and declaration “shall be signed by the candidate and by not less than two (2) registered voters of the same party from the district or jurisdiction from which the candidate seeks nomination.” The requirements to be a registered voter in…”
William Zeitz v. Nirupama Kulkarni (Ky. 2024).
“We agreed with Horlander’s argument and found Kulkarni’s nominating petition failed to comply with KRS 118.125(2). Accordingly, we determined that Kulkarni was disqualified and wrote, “Consequently, ‘the effect of the disqualification of a candidate subsequent to the election is…”
Klein v. Doll, 777 S.W.2d 602 (Ky. Ct. App. 1989).
· cites it 2× “Had he done so, there would have been no impediment to his filing papers under KRS 118.125, seeking nomination for the office of Mayor.”
English v. English, 539 S.W.2d 279 (Ky. 1976).
“The appellant, sheriff of Marshall County, tendered to the appellee, county court clerk of Marshall County, notification and declaration papers (KRS 118.125) for nomination on the 1977 Marshall County primary election ballot as a candidate for sheriff of Marshall County, for the…”
— Ky. Rev. Stat. § 118.125(1) — 2 cases
Dennis Horlander v. Nirupama Kulkarni (Ky. Ct. App. 2024).
“-4- However, the Kentucky General Assembly amended KRS 118.125 in 1990. The amendment removed a proviso in the previous text requiring that both nominating witnesses be members of the candidate’s party “at the time of filing.”
Nirupama Kulkarni v. Dennis Horlander (Ky. 2024).
“2 Although KRS 118.125 specifically denominates this document as a “notification and declaration,” the term “nomination papers” appears elsewhere throughout KRS Chapter 118.”
— Ky. Rev. Stat. § 118.125(2) — 5 cases
Nirupama Kulkarni v. Dennis Horlander (Ky. 2024).
“2 Although KRS 118.125 specifically denominates this document as a “notification and declaration,” the term “nomination papers” appears elsewhere throughout KRS Chapter 118.”
Dennis Horlander v. Nirupama Kulkarni (Ky. Ct. App. 2024).
“-4- However, the Kentucky General Assembly amended KRS 118.125 in 1990. The amendment removed a proviso in the previous text requiring that both nominating witnesses be members of the candidate’s party “at the time of filing.”
Eric Deters v. Thomas Harold Massie (Ky. Ct. App. 2024).
“125(2)1 mandates that a notification and declaration “shall be signed by the candidate and by not less than two (2) registered voters of the same party from the district or jurisdiction from which the candidate seeks nomination.” The requirements to be a registered voter in…”
William Zeitz v. Nirupama Kulkarni (Ky. 2024).
“We agreed with Horlander’s argument and found Kulkarni’s nominating petition failed to comply with KRS 118.125(2). Accordingly, we determined that Kulkarni was disqualified and wrote, “Consequently, ‘the effect of the disqualification of a candidate subsequent to the election is…”
Klein v. Doll, 777 S.W.2d 602 (Ky. Ct. App. 1989).
“Had he done so, there would have been no impediment to his filing papers under KRS 118.125, seeking nomination for the office of Mayor.”
— Ky. Rev. Stat. § 118.125(2)(b) — 1 case
Heleringer v. Brown, 104 S.W.3d 397 (Ky. 2003).
“" Fletcher maintains, however, that any slate complying with KRS 118.125 is a presumptively qualified slate and so remains until a member is disqualified; and if the disqualification occurs after the campaign committee was formed, there is no question that the vacancy can be…”
— Ky. Rev. Stat. § 118.125(3) — 2 cases
Dennis Horlander v. Nirupama Kulkarni (Ky. Ct. App. 2024).
“-4- However, the Kentucky General Assembly amended KRS 118.125 in 1990. The amendment removed a proviso in the previous text requiring that both nominating witnesses be members of the candidate’s party “at the time of filing.”
Nirupama Kulkarni v. Dennis Horlander (Ky. 2024).
“2 Although KRS 118.125 specifically denominates this document as a “notification and declaration,” the term “nomination papers” appears elsewhere throughout KRS Chapter 118.”
— Ky. Rev. Stat. § 118.125(4) — 1 case
Nirupama Kulkarni v. Dennis Horlander (Ky. 2024).
“2 Although KRS 118.125 specifically denominates this document as a “notification and declaration,” the term “nomination papers” appears elsewhere throughout KRS Chapter 118.”
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