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:
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:
(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.)