Ky. Rev. Stat. Ann. § 118.212 – When candidate's name not to be certified or printed on ballot -- Effect of death, disqualification, or withdrawal of candidate -- Notice required at polls -- Penalty.

(1)
(2)
(3)
(4)
(5) If, before the time of certification of candidates who will appear on the ballot provided in KRS 118.215, any candidate whose notification and declaration or certificate or petition of nomination has been filed in the office of the Secretary of State dies, is disqualified, or notifies the Secretary of State in writing, signed and properly notarized, that he or she will not accept the nomination or election, the Secretary of State shall not certify his or her name. If, after the certification of candidates who will appear on the ballot as provided in KRS 118.215, any candidate whose notification and declaration or certificate or petition of nomination has been filed in the office of the county clerk dies, is disqualified, or notifies the clerk, in the manner described in subsection (1) of this section, that he or she will not accept the nomination or election, the clerk shall ensure that notice is provided to the appropriate precincts as provided in subsection
(5) of this section. If, after the certification of candidates who will appear on the ballot as provided in KRS 118.215, any candidate whose notification and declaration or certificate or petition of nomination has been filed in the office of the Secretary of State dies, is disqualified, or notifies the Secretary of State in the manner described in subsection
(1) of this section, that he or she will not accept the nomination or election, the Secretary of State shall immediately notify the appropriate county clerk, and the clerk shall ensure that notice is provided to the appropriate precincts as provided in subsection (5) of this section. If, after the certification of candidates who will appear on the ballot as provided in KRS 118.215, any candidate whose name appears on the ballot shall officially withdraw, be disqualified, or die, neither the precinct election officers nor the county board of elections shall disclose or report on the official certification of the votes cast for the candidate; and, if there is only one (1) remaining candidate on the ballot for the withdrawal, disqualification, or death of the other candidate or candidates, neither the precinct election officers nor the county board of elections shall disclose or report on the official certification of the votes for the remaining candidate, and the officer with whom the remaining candidate has filed his or her nomination papers shall immediately issue and file in his or her office a certificate of nomination for that remaining candidate and send a copy to the remaining candidate. If, after the certification of candidates who will appear on the ballot as provided in KRS 118.215, any candidate whose name appears on the ballot shall officially withdraw, be disqualified, or die, the county clerk shall provide a notice to the precinct election officers who shall see that the notice is conspicuously displayed at the polling place advising voters of the change, and that votes for the candidate shall not be disclosed or reported. If the county clerk learns of the death, disqualification, or withdrawal at least five (5) days prior to the election and provides the notice required by this subsection and the precinct officers fail to post the notice at the polling place, the precinct officers shall be guilty of a violation in a primary election, following that office subject to a fine of not less than ten dollars ($10) nor more than two hundred fifty dollars ($250).

Effective: April 14, 2026

History: Amended 2026 Ky. Acts ch. 175, sec. 26, effective April 14, 2026. -- Amended 2025 Ky. Acts ch. 125, sec. 17, effective June 27, 2025. -- Amended 2003 Ky. Acts ch. 101, sec. 1, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 2, sec. 4, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 48, sec. 41, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 470, sec. 24, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 185, sec. 12, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 247, sec. 8, effective June 19, 1976.