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118.325 Nomination by parties by convention or primary election.

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118.325 Nomination by parties by convention or primary election. (1) Any political organization not constituting a political party within the meaning of KRS 118.015 but whose candidate received two percent (2%) of the vote of the <br>state at the last preceding election for presidential electors may nominate, by a <br>convention or primary election held by the party in accordance with its constitution <br>and bylaws, candidates for any offices to be voted for at any regular election, except <br>the office of member of a board of education, for which nominations shall be made <br>as provided in KRS 160.220. Any political party, as defined in KRS 118.015, and <br>any political organization not constituting such a political party but whose candidate <br>received two percent (2%) of the vote of the state at the last preceding election for <br>presidential electors, may nominate, by a convention or primary election held by the <br>party or organization in accordance with its constitution and bylaws, as many <br>electors of President and Vice President of the United States as this state is entitled <br>to elect. (2) The certificate of nomination by such a convention or primary election shall be in writing, shall contain the name of each person nominated, his residence and the <br>office to which he is nominated, and shall designate a title for the party or principle <br>that such convention or primary election represents, together with any simple figure <br>or device by which its list of candidates may be designated on the voting machines. <br>The certificate shall be signed by the presiding officer and secretary of the <br>convention, or by the chairman and secretary of the county, city, or district <br>committee, who shall add to their signatures their respective places of residence, <br>and acknowledge the same before an officer duly authorized to administer oaths. A <br>certificate of the acknowledgment shall be appended to the certificate of <br>nomination. In the case of electors of President and Vice President of the United <br>States the certificate of nomination shall state the names of the candidates of the <br>party for President and Vice President. (3) Any person desiring to become a candidate for an office, the nomination to which is to be made by a convention pursuant to subsections (1) and (2) of this section, <br>except for the office of elector of President and Vice President of the United States, <br>shall file a statement with the official designated in KRS 118.165 with whom <br>notification and declaration forms are filed for the office. The form of the statement <br>shall be prescribed by the State Board of Elections. Such statement shall be filed as <br>prescribed by KRS 118.365. (4) If the certificate of nomination of any state convention requests that the figure or device selected by such convention be used to designate the candidates of such party <br>on the voting machines for all elections throughout the state, that figure or device <br>shall be used until changed by request of a subsequent state convention of the same <br>party. The device may be any appropriate symbol other than the coat of arms or seal <br>of this state or of the United States, the national flag, or any other emblem common <br>to the people at large. (5) In case of death, resignation, or removal of any such candidate subsequent to nomination and before the certification of candidates for the regular election made <br>under KRS 118.215, the chairman of the state, county, or city district committee shall fill the vacancy, unless a supplemental certificate or petition of nomination is <br>filed. In the case of electors of President and Vice President of the United States, a <br>vacancy may be filled by the chairman of the state committee at any time before the <br>meeting of the electors, whether the vacancy occurs before or after the election. (6) If any political party entitled to nominate by convention fails to do so, the names of all nominees by petition for any office who are designated in their petition as <br>members and candidates of that party shall be printed under the device and title on <br>the voting machines as if nominated by a convention. If two (2) or more persons <br>who have filed certificates of nomination under this section claim to be the nominee <br>of the same political party, the governing authority of that party shall designate to <br>the Secretary of State and county clerk, in writing, which of the candidates is <br>entitled to the party emblem. If there are two (2) or more contending executive <br>committees of the same party in the county or district, the county or district <br>executive committee that is recognized by the state governing authority of the party, <br>by the written certificate of its chairman, shall be recognized by the Secretary of <br>State and county clerk. Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 2, sec. 6, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 48, sec. 46, effective July 13, 1990. -- Amended 1988 Ky. Acts <br>ch. 17, sec. 12, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 185, sec. 18, <br>effective January 1, 1985. -- Created 1974 Ky. Acts ch. 130, sec. 118, effective June <br>21, 1974.