Title 030 | Chapter 002 | Regulation 010
SUPERSEDED
This document is no longer current.
30 KAR 2:010.Certification of vacancy in nominations.
Section 1.
Notification of Vacancy.(1)
The Secretary of State shall be notified of the vacancy in a nomination governed by KRS 118.105.(2)
The notification shall:(a)
Be written;(b)
Be dated;(c)
State the reason for the vacancy;(d)
Contain documentation to substantiate the reason for the vacancy;(e)
Be signed by the person making the notification; and(f)
Be notarized.(3)
The notification may be made by:(a)
The candidate;(b)
The governing authority of a party;(c)
A registered voter; or(d)
An opposing candidate.(4)
The notification shall be delivered to the Secretary of State by:(a)
Certified mail;(b)
Fax;(c)
Email; or(d)
Any person authorized by the person making the notification.Section 2.
Documentation to Substantiate Reason for Vacancy.(1)
Documentation to substantiate the reason for a vacancy shall be filed with the notification by the candidate or governing authority of the party as provided by this section. For:(a)
Death of a candidate: a certificate of death or other evidence satisfactory to the Secretary of State, such as a:1.
Certification or written statement from the coroner; or2.
Certification from a funeral director;(b)
Disqualification to hold the office sought: evidence of legal disqualification; and(c)
Severe disabling condition: medical evidence of the condition.(2)
Medical evidence of a severe disabling condition shall consist of medical evidence provided by:(a)
A licensed and practicing:1.
Physician;2.
Osteopath;3.
Psychologist;4.
Psychiatrist; or(b)
Other medical professional qualified to make a determination that the candidate is suffering from a severe disabling condition.(3)
The documentation filed to substantiate the reason for vacancy may be challenged, in writing, by:(a)
The governing authority of an opposing party;(b)
An opposing candidate; or(c)
A registered voter.(4)
(a)
The Secretary of State shall review all documentation relating to the reason for a vacancy.(b)
If the Secretary of State determines that additional documentation is required, he or she shall request a review:1.
Of the medical evidence of a severe disabling condition filed with the notification; or2.
By a medical professional specified in subsection (2) of this section.Section 3.
In accordance with KRS 118.105, the Secretary of State shall not certify that a vacancy exists if he or she determines that the documentation filed to substantiate the reason for the vacancy does not establish that a vacancy exists because of:(1)
Death;(2)
Disqualification to hold the office sought; or(3)
A severe disabling condition which arose after the nomination.HISTORY: (17 Ky.R. 155; eff. 9-13-1990; 43 Ky.R. 2180; 44 Ky.R. 213; eff. 9-1-2017.)
30 KAR 2:010.Certification of vacancy in nominations.
Section 1.
Notification of Vacancy.(1)
The Secretary of State shall be notified of the vacancy in a nomination governed by KRS 118.105.(2)
The notification shall:(a)
Be written;(b)
Be dated;(c)
State the reason for the vacancy;(d)
Contain documentation to substantiate the reason for the vacancy;(e)
Be signed by the person making the notification; and(f)
Be notarized.(3)
The notification may be made by:(a)
The candidate;(b)
The governing authority of a party;(c)
A registered voter; or(d)
An opposing candidate.(4)
The notification shall be delivered to the Secretary of State by:(a)
Certified mail;(b)
Fax;(c)
Email; or(d)
Any person authorized by the person making the notification.Section 2.
Documentation to Substantiate Reason for Vacancy.(1)
Documentation to substantiate the reason for a vacancy shall be filed with the notification by the candidate or governing authority of the party as provided by this section. For:(a)
Death of a candidate: a certificate of death or other evidence satisfactory to the Secretary of State, such as a:1.
Certification or written statement from the coroner; or2.
Certification from a funeral director;(b)
Disqualification to hold the office sought: evidence of legal disqualification; and(c)
Severe disabling condition: medical evidence of the condition.(2)
Medical evidence of a severe disabling condition shall consist of medical evidence provided by:(a)
A licensed and practicing:1.
Physician;2.
Osteopath;3.
Psychologist;4.
Psychiatrist; or(b)
Other medical professional qualified to make a determination that the candidate is suffering from a severe disabling condition.(3)
The documentation filed to substantiate the reason for vacancy may be challenged, in writing, by:(a)
The governing authority of an opposing party;(b)
An opposing candidate; or(c)
A registered voter.(4)
(a)
The Secretary of State shall review all documentation relating to the reason for a vacancy.(b)
If the Secretary of State determines that additional documentation is required, he or she shall request a review:1.
Of the medical evidence of a severe disabling condition filed with the notification; or2.
By a medical professional specified in subsection (2) of this section.Section 3.
In accordance with KRS 118.105, the Secretary of State shall not certify that a vacancy exists if he or she determines that the documentation filed to substantiate the reason for the vacancy does not establish that a vacancy exists because of:(1)
Death;(2)
Disqualification to hold the office sought; or(3)
A severe disabling condition which arose after the nomination.HISTORY: (17 Ky.R. 155; eff. 9-13-1990; 43 Ky.R. 2180; 44 Ky.R. 213; eff. 9-1-2017.)