Ky. Rev. Stat. § 118.165

Filing of nomination papers -- Certification -- Ineligibility of Senior Status

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Special Judge. (1) Except as provided in KRS Chapters 116 to 121, candidates for offices to be voted for by the electors of one (1) county or of a district less than one (1) county, except members of Congress and members of the General Assembly, shall file their nomination papers with the county clerk of the county not earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot and not later than the first Friday following the first Monday in January preceding the day fixed by law for holding the primary. All nomination papers shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which the papers may be filed. (2) Candidates for offices to be voted for by the electors of more than one (1) county, and for members of Congress and members of the General Assembly, shall file their nomination papers with the Secretary of State not earlier than the first Wednesday after the first Monday in November of the year preceding the year the office will appear on the ballot and not later than the first Friday following the first Monday in January preceding the day fixed by law for holding the primary. 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. All nomination papers shall be filed no later than 4 p.m. local time at the place of filing when filed on the last date on which the papers may be filed. (3) The Secretary of State or the county clerk shall examine the notification and declaration form of each candidate to determine whether it is regular on its face. If there is an error, the proper officer shall notify the candidate by certified mail within twenty-four (24) hours of filing. (4) A judge who elected to retire as a Senior Status Special Judge in accordance with KRS 21.580 shall not become a candidate or a nominee for any elected office during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the number of days served by the judge acting as a Senior Status Special Judge. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 125, sec. 15, effective June 27, 2025. -- Amended 2019 Ky. Acts ch. 187, sec. 2, effective November 6, 2019. -- Amended 2013 Ky. Acts ch. 66, sec. 3, effective June 25, 2013. -- Amended 2008 Ky. Acts ch. 79, sec. 11, effective July 15, 2008. -- Amended 1998 Ky. Acts ch. 2, sec. 3, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 296, sec. 8, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 48, sec. 40, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 17, sec. 10, effective July 15, 1988; and ch. 238, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 185, sec. 1, effective January 1, 1987. -- Amended 1984 Ky. Acts ch. 185, sec. 10, effective July 13, 1984; and ch. 185, sec. 11, effective January 1, 1985. -- Amended 1982 Ky. Acts ch. 394, sec. 20, effective July 15, 1982; and ch. 402, sec. 4, effective January 1, 1984. -- Amended 1980 Ky. Acts ch. 114, sec. 14, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 318, sec. 6, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 7, sec. 2, effective March 10, 1976. -- Created 1974 Ky. Acts ch. 130, sec. 106, effective June 21, 1974.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1981–2024 · leading case: Heleringer v. Brown
Heleringer v. Brown (2003) ky · cites it 6× “The filing deadline of January 28, 2003, as set forth in KRS 118.165, passed without any change in the Fletcher-Bates slate.”
Legislative Research Commission v. Fischer (2012) ky · cites it 2× “The trial court also extended the filing deadline set forth in KRS 118.165 to allow all candidates and potential candidates the opportunity to make the required candidacy filings under the temporary injunction.”
Fischer v. State Board of Elections (1993) ky “KRS 118.165 and 118.425. The Campbell Circuit Court was not acting erroneously within its jurisdiction when it entered its order which established its venue over the case.”
Nirupama Kulkarni v. Dennis Horlander (2024) ky · cites it 4× “(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…”
Dennis Horlander v. Nirupama Kulkarni (2024) kyctapp · cites it 2× “KRS 118.165. Thereafter, Kulkarni learned of LaRue’s party affiliation.”
Perry v. Baesler (1981) ky “OPINION AND ORDER It is the opinion of this court that under KRS 118.165(1) the last day on which nomination papers may be filed is the fifty-fifth day prior to the day of the election.”
— Ky. Rev. Stat. § 118.165(1) — 1 case
Perry v. Baesler (1981) ky “OPINION AND ORDER It is the opinion of this court that under KRS 118.165(1) the last day on which nomination papers may be filed is the fifty-fifth day prior to the day of the election.”
— Ky. Rev. Stat. § 118.165(2) — 2 cases
Heleringer v. Brown (2003) ky “The filing deadline of January 28, 2003, as set forth in KRS 118.165, passed without any change in the Fletcher-Bates slate.”
Nirupama Kulkarni v. Dennis Horlander (2024) ky “(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…”
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