Title 030 | Chapter 002 | Regulation 010


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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; or

2.

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; or

2.

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.)

7-Year Expiration: 7/5/2029

Last Updated: 7/7/2022


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