AN ACT relating to the Kentucky Board of Education and declaring an emergency.

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AN ACT relating to the Kentucky Board of Education and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 156.029 is amended to read as follows: 3
(1) There is hereby established a Kentucky Board of Education, which shall consist of: 4
(a) Four (4) [Eleven (11)] voting members representing the state at large, 5
appointed by t he Governor and confirmed by the Senate of the General 6
Assembly;[, with] 7
(b) Seven (7) voting members elected to represent each of the Supreme Court 8
districts established by KRS 21A.010 in accordance with subsection (4) of 9
this section; 10
(c) The president of the Council on Postsecondary Education and the secretary of 11
the Education and Labor Cabinet serving as ex officio nonvoting members ;[,] 12
and 13
(d) An active public elementary or secondary school teacher and a public high 14
school student appoi nted by the board as described in subsection (7)[(3)] of 15
this section serving as nonvoting members. [ Seven (7) voting members shall 16
represent each of the Supreme Court districts as established by KRS 21A.010, 17
and four (4) voting members shall represent the state at large.] 18
(2) (a) Each of the voting members shall serve for a four (4) year term. 19
(b) The term of a voting member elected to represent a Supreme Court district 20
shall begin on the first Monday in January following his or her election, 21
except that voting members elected in November 2027 shall serve initial 22
terms as follows: 23
1. Board members elected to represent an odd -numbered Supreme Court 24
district shall be elected for a two (2) year term; and 25
2. Board members elected to represent an even -numbered Supreme 26
Court district shall be elected for a four (4) year term [, except the 27
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initial appointments shall be as follows: the seven (7) members 1
representing Supreme Court districts shall serve a term which shall 2
expire on April 14, 1994; and the four (4) at-large members shall serve a 3
term which shall expire on April 14, 1992. Subsequent appointments 4
shall be submitted to the Senate for confirmation in accordance with 5
KRS 11.160]. 6
(3)[(2)] Appointments of the voting members under subsection (1)(a) of this se ction 7
shall be made without reference to occupation , except that a[. no ] voting member[ 8
at the time of his or her appointment or during the term of his or her service] shall 9
not be engaged as a professional educator for the duration of his or her term .[ 10
Beginning with voting members appointed on or after June 29, 2021, appointments 11
to the group of members representing Supreme Court districts and to the group of 12
at-large members, respectively, shall reflect equal representation of the two (2) 13
sexes, inasmuch as possible; reflect no less than proportional representation of the 14
two (2) leading political parties of the Commonwealth based on the state's voter 15
registration and the political affiliation of each appointee as of December 31 of the 16
year preceding the date of his or her appointment; and reflect the minority racial 17
composition of the Commonwealth based on the total minority racial population 18
using the most recent census or estimate data from the United States Census 19
Bureau. If the determination of propo rtional minority representation does not result 20
in a whole number of minority members, it shall be rounded up to the next whole 21
number. A particular political affiliation shall not be a prerequisite to appointment 22
to the board generally; however, if any pe rson is appointed to the board that does 23
not represent either of the two (2) leading political parties of the Commonwealth, 24
the proportional representation by political affiliation requirement shall be 25
determined and satisfied based on the total number of members on the board less 26
any members not affiliated with either of the two (2) leading political parties. 27
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Pursuant to KRS 63.080,] An appointed voting [a] member shall not be removed 1
except for cause or[, beginning with voting members appointed on or after June 29, 2
2021,] in accordance with KRS 63.080(3). 3
(4) (a) To effectuate subsection (1)(b) of this section one (1) voting member shall 4
be nominated and elected from each of the seven (7) Supreme Court 5
districts established in KRS 21A.010 in partisan prima ries and partisan 6
regular elections governed by general election laws as provided in KRS 7
Chapters 116 to 121. 8
(b) Candidates to represent a Supreme Court district shall reside in that district 9
for at least twelve (12) consecutive months prior to the electi on. Upon being 10
elected, a member representing a Supreme Court district shall reside in that 11
district for the duration of his or her term. 12
(c) Members elected under this subsection shall be subject to removal from 13
office in accordance with KRS 415.050 and 415.060. 14
(5) Notwithstanding KRS 12.028, the board shall not be subject to reorganization by 15
the Governor. 16
(6)[(3)] Ex officio and other nonvoting members shall not be represented by proxy at 17
any meeting of the board. 18
(7)[(4)] The nonvoting teacher and stu dent members shall be selected by the board 19
from the state's seven (7) Supreme Court [six (6) congressional] districts on a 20
rotating basis from different districts. The public high school student shall be 21
classified as a sophomore[junior] at the time of app ointment. The teacher and 22
student members shall serve for a one (1) year term, except the initial appointments 23
shall serve a term which shall expire on April 14, 2022. The board shall promulgate 24
an administrative regulation establishing the process for sel ecting the nonvoting 25
teacher and student members. 26
(8) (a)[(5)] A vacancy in the appointed voting membership of the board shall be 27
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filled by the Governor for the unexpired term with the consent of the Senate. 1
In the event that the General Assembly is not in session at the time of the 2
appointment, the consent of the Senate shall be obtained during the time the 3
General Assembly next convenes. 4
(b) A vacancy in the elected voting membership of the board shall be filled in 5
accordance with Section 152 of the Constitution of Kentucky. 6
(9)[(6)] At the first regular meeting of the board in each fiscal year, a chairperson 7
shall be elected from its voting membership. 8
(10)[(7)] The members shall be reimbursed for actual and necessary expenses incurred 9
in the performance of their duties. 10
(11)[(8)] The commissioner of education shall serve as the executive secretary to the 11
board. 12
(12)[(9)] The primary function of the board shall be to develop and adopt policies and 13
administrative regulations, with the advice of the Local Superintendents Advisory 14
Council, by which the Department of Education shall be governed in planning, 15
coordinating, administering, supervising, operating, and evaluating the educational 16
programs, services, and activities within the Department of Education which are 17
within the jurisdiction of the board. 18
Section 2. KRS 156.040 is amended to read as follows: 19
(1) As used in this section, "relative" means father, mother, brother, sister, husband, 20
wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law. 21
(2) A voting member appointed or elected to [of] the Kentucky Board of Education 22
shall: 23
(a) Be at least thirty (30) years of age; 24
(b) Have at least an associate degree or its equivalent; 25
(c) Have been a resident of Kentucky for at least three (3) years immediately 26
preceding the member's election or appointment; 27
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(d) Not hold a state office requiring the constitutional oath; 1
(e) Not be a member of the General Assembly; and 2
(f) Not hold or discharge the duties of any civil or political office, deputyship, or 3
agency under the city or county of his or her residence.[;] 4
(3) A member of the Kentucky Board of Education shall not: 5
(a)[(g)] [Not ] Be directly or indirectly interested in the sale to the Kentucky 6
Board of Education or the Department of Education of books, stationery, or 7
any other property, materials, supplies, equipment, or services for which 8
board or department funds are expended; 9
(b)[(h)] [Not ]Have a relative as defined in subsection (1) of this section who is 10
employed by the Department of Education; 11
(c)[(i)] [Not ]Have been removed from the board for cause; and 12
(d)[(j)] [Not ]Be engaged as an elementary or secondary education professional 13
educator. 14
Section 3. KRS 118.105 is amended to read as follows: 15
(1) Except as provided in subsections (3) and (4) of this section and in KRS 118.115, 16
every political party shall nominate all of its candidates for elective offices to be 17
voted for at any regular election at a primary held as provided in this chapter, and 18
the governing authority of any political party shall have no power to nominate any 19
candidate for any elective office or to provide any method of nominating candidates 20
for any elective office other than by a primary as provided in this chapter. 21
(2) Any political organization not constituting a political party as defined in KRS 22
118.015 may make its nominations as provided in KRS 118.325. 23
(3) If a vacancy occurs in the nomination of an unopposed candidate or in a nomination 24
made by the primary more than ten (10) days before the certification of candidates 25
for the regular election made under KRS 118.215, because of death or severe 26
disabling condition which arose after the nomination, the govern ing authority of the 27
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party may provide for filling the vacancy, but only following certification to the 1
governing authority, by the Secretary of State, that a vacancy exists for a reason 2
specified in this subsection. When such a nomination has been made, t he certificate 3
of nomination shall be signed by the chair and secretary of the governing authority 4
of the party making it, and shall be filed in the same manner as certificates of 5
nomination at a primary. 6
(4) If a vacancy occurs in the nomination of an unopposed candidate or in a nomination 7
made by the primary more than ten (10) days before the certification of candidates 8
for the regular election, and if that party's nominee was the only political party 9
candidate for the office sought, the governing authori ty of each party may nominate 10
a candidate for the regular election, provided that no person has sought that party's 11
nomination by filing a notification and declaration. 12
(5) If a vacancy occurs in the nomination of a candidate under the conditions of 13
subsection (3) or (4) of this section, certificates of nomination for replacement 14
candidates shall be filed in the same manner as provided in subsections (3) and (4) 15
not later than 4 p.m. on the date of certification. 16
(6) This section does not apply to candidates for members of local boards of education, 17
or presidential electors, nor to candidates participating in nonpartisan elections. 18
However, regardless of the number of days served by a judge acting as a Senior 19
Status Special Judge, a judge who elected to reti re as a Senior Status Special Judge 20
in accordance with KRS 21.580 shall not become a candidate for any elected office 21
during the five (5) year term prescribed in KRS 21.580(1)(a)1. 22
Section 4. KRS 118.165 is amended to read as follows: 23
(1) Except as provided in KRS Chapters 116 to 121, candidates for offices to be voted 24
for by the electors of one (1) county or of a district less than one (1) county, except 25
members of Congress and members of the General Assembly, shall file their 26
nomination papers with the county clerk of the county not earlier than the first 27
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Wednesday after the first Monday in November of the year preceding the year the 1
office will appear on the ballot and not later than the first Friday following the first 2
Monday in January preceding the day fixed by law for holding the primary. All 3
nomination papers shall be filed no later than 4 p.m. local time at the place of filing 4
when filed on the last date on which the papers may be filed. 5
(2) Candidates for offices to be voted for by the electors of more than one (1) county, 6
and candidates for[ members of] Congress,[ and members of] the General 7
Assembly, and the Kentucky Board of Education, shall file their nomination 8
papers with the Secretary of State not earlier than the first Wednesday after the first 9
Monday in November of the year preceding the year the office will appear on the 10
ballot and not later than the first Friday following the first Monday in January 11
preceding the day fixed by law for holding the primary. Signatures for nomination 12
papers shall not be affixed on the document to be filed prior to the first Wednesday 13
after the first Monday in November of the year preceding the year in which the 14
office will appear on the ballot. All nomination papers shall be filed no later than 4 15
p.m. local time at the place of filing when filed on the last date on which the papers 16
may be filed. 17
(3) The Secretary of State or the county clerk shall examine the notification and 18
declaration form of each candidate to determine whether it is regular on its face. If 19
there is an error, the proper officer shall notify the candidate by certified mail 20
within twenty-four (24) hours of filing. 21
(4) A judge who elected to retire as a Senior Status Special Judge in accordance with 22
KRS 21.580 shall not become a candidate or a nominee for any elected office 23
during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the 24
number of days served by the judge acting as a Senior Status Special Judge. 25
Section 5. KRS 118.305 is amended to read as follows: 26
(1) Except as provided in KRS 118.345, and subject to the provisions of subsections 27
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(2), (3), and (4) of this section, the county clerk of each county shall cause to be 1
printed on all ballots, including the absentee ballots, for the regular election the 2
names of the following persons: 3
(a) Candidates of a political party, as defined in KRS 118.015, who have received 4
certificates of nomination at the preceding primary, or certificates of 5
nomination under KRS 118.185, and whose certificates of nomination have 6
been filed with the Secretary of State or the appropriate county clerk; 7
(b) Candidates of a political party, as defined in KRS 118.015, who have been 8
nominated for an u nexpired term in a manner determined by the governing 9
authority of the party, as provided in KRS 118.115, and whose evidences of 10
nomination have been filed with the Secretary of State or the appropriate 11
county clerk within the time prescribed in this chapter; 12
(c) Candidates of a political party, as defined in KRS 118.015, who have been 13
nominated by the governing authority of the party to fill a vacancy in the 14
candidacy of a person nominated at the preceding primary, as provided in 15
KRS 118.105, and whose cer tificates of nomination have been filed with the 16
Secretary of State or the appropriate county clerk, by at least the date provided 17
by the election law generally for such filing; 18
(d) Candidates who have been nominated by a political organization as provided 19
in KRS 118.325 and whose certificates or petitions of nomination have been 20
filed with the Secretary of State or the appropriate county clerk within the 21
time prescribed in this chapter; 22
(e) Independent candidates who have been nominated by petition as prov ided in 23
KRS 118.315, and whose petitions of nomination have been filed with the 24
Secretary of State or the appropriate county clerk within the time prescribed in 25
this chapter; 26
(f) Successful nominees of all nonpartisan primaries which shall have been 27
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conducted; 1
(g) Candidates who have filed a petition of candidacy as shall be required to fill a 2
vacancy which shall appear on the ballot; 3
(h) The county clerk shall determine whether the name of any replacement 4
candidate who has been nominated as provided in KRS 118.105(5) may be 5
placed on the ballot and whether any voting equipment may be reprogrammed 6
to count the votes cast for that candidate, or whether the ballot must be 7
reprinted to accommodate votes cast for any replacement candidate, and shall 8
take the appropriate action to accommodate the replacement of any candidate. 9
If the county clerk determines that the name of any replacement candida te 10
cannot be accommodated on the existing ballot and if there is insufficient time 11
before the election to reprint the entire ballot, the county clerk shall request 12
approval to use supplemental paper ballots for voting for that office only in 13
the same manner as permitted for other situations in KRS 118.215(5), and, if 14
approved, shall have an adequate number of supplemental paper ballots 15
printed for voting for that office and only votes cast for that office by means 16
of the supplemental paper ballots shall be tabulated and recorded by the 17
precinct election officers and county board of elections. All actions by a 18
county clerk, the State Board of Elections, and the Secretary of State which 19
are necessary to provide for voting at a regular election for candidates 20
nominated pursuant to KRS 118.105(5) shall be carried out with all possible 21
speed. When a candidate has been replaced as provided in KRS 118.105(5) 22
after absentee and federal provisional absentee ballots have been printed and 23
distributed for the regular ele ction, neither the precinct election officers nor 24
the county board of elections shall tabulate or record any absentee or federal 25
provisional absentee votes cast for the candidate who was replaced. If ballots 26
are reprinted or supplemental paper ballots are printed, or if voting equipment 27
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must be reprogrammed to count the votes cast for a replacement candidate, 1
the costs for the printing and reprogramming shall be paid by the political 2
party who has nominated a replacement candidate, or proportionately by eac h 3
political party if each party nominates a replacement candidate; 4
(i) Candidates for President and Vice President of the United States, of those 5
political parties and organizations who have nominated presidential electors 6
as provided in KRS 118.325, if th e certificate of nomination of the electors 7
has been filed with the Secretary of State within the time prescribed in this 8
chapter; 9
(j) Candidates for soil and water district supervisors who have been nominated 10
by petition as provided in KRS 262.210; and 11
(k) Candidates for city office for which no nonpartisan primary has been 12
conducted in a city which requires nonpartisan city elections. 13
(2) Any candidate for city office who is defeated in a partisan or nonpartisan primary 14
shall be ineligible as a candidate for the same office in the regular election. 15
(3) Candidates for members of local boards of education shall have their names printed 16
on ballots, including absentee ballots, for the regular election only after filing as 17
provided in KRS 160.220. 18
(4) Except as provided in KRS 118.105 and 118.115, no candidate's name shall be 19
printed upon any ballots, including federal provisional ballots, federal provisional 20
absentee ballots, and absentee ballots for any regular election as the nominee of any 21
political party, a s defined in KRS 118.015, or under the emblem of any political 22
party, as so defined, except those candidates who have been duly and regularly 23
nominated as nominees of that party at a primary held as provided in this chapter. 24
(5) No county clerk shall knowi ngly cause to be printed, upon the ballots, federal 25
provisional ballots, federal provisional absentee ballots, or absentee ballots for any 26
regular election, the name of any candidate of a political party, as defined in KRS 27
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118.015, who has not been nominated in the manner provided in the laws governing 1
primaries or the name of any candidate who is not in compliance with the 2
restrictions concerning party registration and candidacy provided in of KRS 3
118.315(1). 4
(6) The names of candidates for President and V ice President shall be certified in lieu 5
of certifying the names of the candidates for presidential electors. 6
(7) When a vacancy occurs in an elective office which is required by law to be filled 7
temporarily by appointment, the officer or body designated b y law to make the 8
appointment, or in the case of an office to be filled by appointment from a list of 9
nominations, the officer or body designated by law to make the nominations, shall 10
immediately notify in writing both the county clerk and Secretary of Sta te of the 11
vacancy. 12
(8) A judge who elected to retire as a Senior Status Special Judge in accordance with 13
KRS 21.580 shall not become a candidate or a nominee for any elected office 14
during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the 15
number of days served by the judge acting as a Senior Status Special Judge. 16
Section 6. KRS 118.315 is amended to read as follows: 17
(1) A candidate for any office to be voted for at any regular election may be nomin ated 18
by a petition of electors qualified to vote for him or her, complying with the 19
provisions of subsection (2) of this section. No person whose registration status is 20
as a registered member of a political party shall be eligible to election as an 21
independent, or political organization, or political group candidate, nor shall any 22
person be eligible to election as an independent, or political organization, or 23
political group candidate whose registration status was as a registered member of a 24
political party on January 1 immediately preceding the regular election for which 25
the person seeks to be a candidate. This restriction shall not apply to candidates to 26
those offices specified in KRS 118.105(6), for supervisor of a soil and water 27
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conservation district, fo r candidates for mayor or legislative body in cities of the 1
home rule class, or to candidates participating in nonpartisan elections. 2
(2) The form of the petition shall be prescribed by the State Board of Elections. It shall 3
be signed by the candidate and by registered voters from the district or jurisdiction 4
from which the candidate seeks nomination. The petition shall include a 5
declaration, sworn to by the candidate, that he or she possesses all the constitutional 6
and statutory requirements of the office for which the candidate has filed. 7
Signatures for a petition of nomination for a candidate seeking any office, 8
excluding President of the United States in accordance with KRS 118.591(1), shall 9
not be affixed on the document to be filed prior to the first Wednesday after the first 10
Monday in November of the year preceding the year in which the office will appear 11
on the ballot. Signatures for nomination papers shall not be affixed on the document 12
to be filed prior to the first Wednesday after the first Monday in November of the 13
year preceding the year in which the office will appear on the ballot. A petition of 14
nomination for a state officer, or any officer for whom all the electors of the state 15
are entitled to vote, shall contain five thousand (5,000) petition ers; for a 16
representative in Congress from any congressional district, or for any officer from 17
any other district except as herein provided, four hundred (400) petitioners; for a 18
county officer, member of the General Assembly, or Commonwealth's attorney, one 19
hundred (100) petitioners; for an elected member of the Kentucky Board of 20
Education, fifty (50) petitioners; for a soil and water conservation district 21
supervisor, twenty -five (25) petitioners; for a city officer or local board of 22
education member, two (2) petitioners; and for an officer of a division less than a 23
county, except as herein provided, twenty (20) petitioners. It shall not be necessary 24
that the signatures of the petition be appended to one (1) paper. Each petitioner 25
shall include the date he or she affixes the signature, address of residence, and date 26
of birth. Failure of a voter to include the signature affixation date, date of birth, and 27
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address of residence shall result in the signature not being counted. A petitioner for 1
the nomination of a candidate may be counted for every petition to which his or her 2
signature is affixed. 3
(3) Titles, ranks, or spurious phrases shall not be accepted on the filing papers and shall 4
not be printed on the ballots as part of the candidate's name; however, nick names, 5
initials, and contractions of given names may be accepted as the candidate's name. 6
(4) The Secretary of State and county clerks shall examine the petitions of all 7
candidates who file with them to determine whether each petition is regular on its 8
face. If there is an error, the Secretary of State or the county clerk shall notify the 9
candidate by certified mail within twenty-four (24) hours of filing. 10
(5) A judge who elected to retire as a Senior Status Special Judge in accordance with 11
KRS 21.580 shall not become a candidate or a nominee for any elected office 12
during the five (5) year term prescribed in KRS 21.580(1)(a)1., regardless of the 13
number of days served by the judge acting as a Senior Status Special Judge. 14
Section 7. KRS 118.325 is amended to read as follows: 15
(1) Any political organization not constituting a political party within the meaning of 16
KRS 118.015 but whose candidate received two percent (2%) of the vote of the 17
state at the last preceding election fo r presidential electors may nominate, by a 18
convention or primary held by the party in accordance with its constitution and 19
bylaws, candidates for any offices to be voted for at any regular election, except the 20
office of member of a local board of education , for which nominations shall be 21
made as provided in KRS 160.220. Any political party, as defined in KRS 118.015, 22
and any political organization not constituting such a political party but whose 23
candidate received two percent (2%) of the vote of the state at the last preceding 24
election for presidential electors, may nominate, by a convention or primary held by 25
the party or organization in accordance with its constitution and bylaws, as many 26
electors of President and Vice President of the United States as th is state is entitled 27
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to elect. 1
(2) The certificate of nomination by such a convention or primary shall be in writing, 2
shall contain the name of each person nominated, his or her residence, and the 3
office to which he or she is nominated, and shall designate a title for the party or 4
principle that such convention or primary represents, together with any simple 5
figure or device by which its list of candidates may be designated on the ballots. 6
The certificate shall be signed by the presiding officer and secreta ry of the 7
convention, or by the chair and secretary of the county, city, or district committee, 8
who shall add to their signatures their respective places of residence, and 9
acknowledge the same before an officer duly authorized to administer oaths. A 10
certificate of the acknowledgment shall be appended to the certificate of 11
nomination. In the case of electors of President and Vice President of the United 12
States the certificate of nomination shall state the names of the candidates of the 13
party for President and Vice President. 14
(3) Any person desiring to become a candidate for an office, the nomination to which is 15
to be made by a convention pursuant to subsections (1) and (2) of this section, 16
except for the office of elector of President and Vice President of th e United States, 17
shall file a statement with the official designated in KRS 118.165 with whom 18
notification and declaration forms are filed for the office. The form of the statement 19
shall be prescribed by the State Board of Elections. Such statement shall b e filed as 20
prescribed by KRS 118.365. 21
(4) If the certificate of nomination of any state convention requests that the figure or 22
device selected by such convention be used to designate the candidates of such 23
party on the ballots for all elections throughout the state, that figure or device shall 24
be used until changed by request of a subsequent state convention of the same 25
party. The device may be any appropriate symbol other than the coat of arms or seal 26
of this state or of the United States, the national fla g, or any other emblem common 27
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to the people at large. 1
(5) In case of death, resignation, or removal of any such candidate subsequent to 2
nomination and before the certification of candidates for the regular election made 3
under KRS 118.215, the chair of the state, county, or city district committee shall 4
fill the vacancy, unless a supplemental certificate or petition of nomination is filed. 5
In the case of electors of President and Vice President of the United States, a 6
vacancy may be filled by the chair of th e state committee at any time before the 7
meeting of the electors, whether the vacancy occurs before or after the election. 8
(6) If any political party entitled to nominate by convention fails to do so, the names of 9
all nominees by petition for any office wh o are designated in their petition as 10
members and candidates of that party shall be printed under the device and title on 11
the ballots as if nominated by a convention. If two (2) or more persons who have 12
filed certificates of nomination under this section c laim to be the nominee of the 13
same political party, the governing authority of that party shall designate to the 14
Secretary of State and county clerk, in writing, which of the candidates is entitled to 15
the party emblem. If there are two (2) or more contendi ng executive committees of 16
the same party in the county or district, the county or district executive committee 17
that is recognized by the state governing authority of the party, by the written 18
certificate of its chair, shall be recognized by the Secretary of State and county 19
clerk. 20
(7) A judge who elected to retire as a Senior Status Special Judge in accordance with 21
KRS 21.580 shall not become a candidate or a nominee for any elected office 22
during the five (5) year term prescribed in KRS 21.580(1)(a)1., reg ardless of the 23
number of days served by the judge acting as a Senior Status Special Judge. 24
Section 8. KRS 118.356 is amended to read as follows: 25
(1) Certificates and petitions of nomination shall, in the case of candidat es voted for by 26
the state at large or by a district greater than one (1) county, including candidates 27
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for elected membership for the Kentucky Board of Education, be filed with the 1
Secretary of State. In the case of candidates voted for by a county or by a district 2
less than a county, they shall be filed with the county clerk. In the case of 3
candidates voted for by a city whose boundaries extend beyond those of a single 4
county, they shall be filed with the county clerk of the county in which a candidate 5
resides. In the case of candidates for Congress and for General Assembly, they shall 6
be filed with the Secretary of State. 7
(2) Certificates of nomination at a primary election held under this chapter shall be 8
filed by the State Board of Elections or the county board of elections, depending 9
upon which one issued the certificate. Certificates and petitions of nomination shall 10
be filed by the candidate or by someone on his behalf. 11
Section 9. KRS 118.365 is amended to read as follows: 12
(1) Certificates of nomination issued by the State Board of Elections shall be filed by 13
that board with the Secretary of State immediately. The certificates issued by the 14
county board of elections shall be filed by that board with the county clerk 15
immediately. 16
(2) Petitions of nomination for candidates for city offices except as provided in KRS 17
83A.047, for candidates fo r members of local boards of education, and for 18
candidates for supervisors of soil and water conservation districts shall be filed with 19
the county clerk not earlier than the first Wednesday after the first Monday in 20
November of the year preceding the year in which the office will appear on the 21
ballot and not later than the first Tuesday after the first Monday in June preceding 22
the day fixed by law for the holding of regular elections for the offices sought. 23
(3) Candidates for an office, the nomination to wh ich is to be made by a convention 24
pursuant to KRS 118.325(1) and (2), except for the office of electors of President 25
and Vice President of the United States, shall file the statements required by KRS 26
118.325(3), with the official designated in KRS 118.165 with whom notification 27
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and declaration are filed for the office, not earlier than the first Wednesday after the 1
first Monday in November of the year preceding the year in which the office will 2
appear on the ballot and not later than the first Tuesday after the first Monday in 3
June preceding the regular election for the office sought. 4
(4) Certificates of nomination made by the governing authority of a political party 5
within the meaning of KRS 118.015 or a political organization not constituting a 6
political party within the meaning of KRS 118.015 but whose candidate received 7
two percent (2%) of the vote of the state at the last preceding election for 8
presidential electors to fill vacancies in office, as provided in KRS 118.115 and 9
118.325, shall be filed as required with the Secretary of State or county clerk. 10
(5) Except as otherwise provided in this section, petitions of nomination shall be filed 11
as required with the Secretary of State or county clerk not earlier than the first 12
Wednesday after the first Monday in November of the year preceding the year in 13
which the offices will appear on the ballot and not later than the first Tuesday after 14
the first Monday in June preceding the day fixed by law for the holding of regular 15
elections for the offices sought. The f iling of petitions of nomination for 16
independent, or political organization, or political group candidates shall not be 17
accepted by the Secretary of State or the county clerk if the candidate has not filed a 18
statement-of-candidacy form as required by KRS 118.367. 19
(6) Petitions and certificates of nomination for electors of President and Vice President 20
of the United States shall be filed with the Secretary of State not earlier than the 21
first Wednesday after the first Monday in November of the year preceding the year 22
in which there is an election for President and Vice President of the United States 23
and not later than the Friday following the first Tuesday in September preceding the 24
date fixed by law for the election of the electors. 25
(7) Petitions for recall e lections or elections on public questions shall be filed as 26
required with the county clerk not later than the second Tuesday in August 27
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preceding the day fixed by law for holding a regular election. 1
(8) Petitions of any kind named in this section, statement s, and certificates of 2
nomination shall be filed no later than 4 p.m. local time at the place of filing when 3
filed on the last date on which papers are permitted to be filed. 4
Section 10. KRS 160.220 is amended to read as follows: 5
All elections for members of local boards of education shall be by secret vote. The 6
county clerk shall cause to be prepared for presentation to the voters the names of legally 7
eligible candidates who have filed a petition as provided in KRS 118.315. 8
Section 11. The following KRS sections are repealed: 9
156.031 Existing State Board for Elementary and Secondary Education to remain active 10
until successor board appointed. 11
156.147 Education Management Selection Commission -- Selection of first 12
commissioner of education. 13
156.1475 Date of appointment of first commissioner of education. 14
Section 12. Notwithstanding Section 1 of this Act, from the effective date of 15
this Act until January 3, 2028: 16
(1) The term of a member representing a Supreme Court district appointed after 17
the effective date of this Act shall serve a term which shall expire on the January 3, 2028. 18
Thereafter, members representing a Supreme Court district shall be those elected in 19
accordance with Section 1 of this Act. 20
(2) The term of an at -large member appointed after the effective date of this Act 21
shall expire on January 3, 2028. Thereafter, at -large members shall be appointed in 22
accordance with Section 1 of this Act. 23
Section 13. Whereas school governance is a critical go vernment function, an 24
emergency is declared to exist, and Section 12 of this Act takes effect upon its passage 25
and approval by the Governor or upon its otherwise becoming a law. 26