30 KAR 2:010. Certification of vacancy in nominations.

 

      RELATES TO: KRS 118.105

      STATUTORY AUTHORITY: KRS 118.105

      NECESSITY, FUNCTION, AND CONFORMITY: Senate Bill 223, enacted during the 1990 Regular Session of the General Assembly, amended KRS 118.105(1), (3) and (4), governing certification by the Secretary of State that a vacancy exists in a nomination governed by KRS 118.105. This administrative regulation is required to establish the procedure for the determination and certification of a vacancy under the provisions of KRS 118.105.

 

      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; or

      (b) 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;

      (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 he determines that additional documentation is required, he shall request a review:

      1. Of the medical evidence of a severe disabling condition filed with the notification;

      2. By a medical professional specified in subsection (2) of this section.

 

      Section 3. The Secretary of State shall not certify that a vacancy exists if he 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. (17 Ky.R. 155; eff. 9-13-90.)