xt7hdr2p612q https://nyx.uky.edu/dips/xt7hdr2p612q/data/mets.xml Kentucky. 1911  books b98-61-43711261 English Secretary of State], : [Frankfort, Ky. : Contact the Special Collections Research Center for information regarding rights and use of this collection. Election law Kentucky.Bruner, Ben L. Kentucky election laws  / compiled by Ben L. Bruner, Secretary of State ; with the aid and advice of the Attorney General. text Kentucky election laws  / compiled by Ben L. Bruner, Secretary of State ; with the aid and advice of the Attorney General. 1911 2002 true xt7hdr2p612q section xt7hdr2p612q 

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               STATE DEPARTMENT.
Ben L. Bruner, Louisville, Ky ........ Secretary of State
Robert A. Cook, Hopkinsville, y...... Ass't. Secretary of State


Will R. Lyon, Horse Cave, Ky.......
J. F. Rainey, Eddyville, Ky........
Clinton Rigsby, Bowling Green, Ky...
Josie M. Head, Clarkson, Ky........
Minnie L. McDaniel, Louisville, Ky..

Chief Clerk
Bank Clerk
-Automobile Clerk


Lon Rogers, Lexington, Ky.
J. A. Frayser, Owensboro, Ky.
P. C. Snyder, Glendeane, Ky.
AV. F. Hurt, Lebanon, Ky.

September 1st, 1911.


    The following are the Secretaries of State since the New
Constitution went into effect making the office elective by the
         CHARLES FINLEY, elected 1895-1900.
         CALEB POWERS, elected 1899 and served from
January to June 13, 1900; ousted by contest.
         C. B. HILL succeeded in contest, served from June
13, 1900, to January, 1904.
         H. V. McCHESNEY, elected 1903-1908.
         BEN L. BRUNER, elected 1907-





                  (Act of June 30, 1892.)

                       ARTICLE I.

                    General Provisions.

   1437. Meaning of the word election. Whenever in this
-chapter the word "election," or an equivalent expression, is
used in reference to a State, district, county or municipal elec-
tion, it shall be deemed to include the decision of questions
submitted to the qualified voters as well as the choice of offi-
cers by them.
   1438. Powers of sheriff, deputies and acting officers.
Whenever a duty is imposed upon or a power confided to a
sheriff in reference to an election, the same shall apply to any
other officer or person acting as such concerning an election,
-and to the deputies of the sheriff, such other officer or person,
in the same manner as if the duty were imposed upon or the
power confided expressly to such other officer, person or depu-
ties, except that, in canvassing the returns or giving the cast-
ing vote in the election of a county judge to fill a vacancy, no
deputy shall act without the express written authority of the
   1439.. Qualiflcation of voters. Every male citizen of the
United States of the age of twenty-one years, who has resided
-in the State one year, and in the county six months, and in the
-precinct in which he offers to vote sixty days next preceding




the election, is a voter in said precinct and not elsewhere; but
the following persons are excepted and shall not have the
right to vote. (See Con., sec. 145.)
  1. Persons convicted in any court of competent jurisdiction
of treason or felony or bribery in an election, or of such high
misdeameanor as the General Assembly may declare, shall
operate as an exclusion from the right of suffrage; but persons
hereby excluded may be restored to their civil rights by execu-
tive pardon. (Con., sec. 150.)
  2. Persons who, at the time of the election, are in confine-
ment under the judgment of a court for some penal offense.
  3. Idiots and insane persons. (See U. S. naturalization law,
page 32.)
   1440. Soldier, seamen and marines-not deemed residents.
No person in the military, naval or marine service of the
United States shall be deemed a resident of this State by rea-
son of being stationed within the same nor shall any such
soldier, seaman or marine have the right to vote. (Con., sec.
   1441. Municipal elections-payment of poll-tax. At all
municipal elections, where the charter of a municipality re-
quires the payment of a poll-tax as a prerequisite to vote, the
payment of said tax shall be a condition precedent to said
   1442 Definition of "officers of election." "Officer of
election," as used in this chapter, means a judge, clerk or
sheriff, or person acting as sheriff at an election, also a mem-
ber of the board for canvassing the returns.

                       ARTICLE II
   1443. Election precincts-number of voters in-redivis-
ion-change of voting place.     The county court of each
county in this State shall, on or before the August term of
said courts, divide the justices' districts of each of said counties
into election precincts, and establish the name or number and
boundaries of same, and place of voting in each precinct.




There shall be but one voting place in a precinct. Each pre-
cinct shall contain, as nearly as practicable, three hundred
voters, based on the number of votes cast at the last election for
Presidential electors; but no precinct shall contain more than
three hundred and fifty voters. If at any election hereafter
more than three hundred and fifty votes shall be cast at any
voting place, it shall be the duty of the sheriff of the election
in such precinct to report the same to the county court, which
shall, at its next regular term divide such precinct as equally
as possible, so that the new precincts formed thereof shall each
contain three hundred voters, as nearly as practicable. If for
any good cause, an election can not be held at the house ap-
pointed as the place of voting, the judges of the election may,
on the morning of the election, adjourn it to the most conven-
ent place, after having publicly proclaimed the change and
posted notice of the same on said house.
   1444. Power of county court to change boundaries or di-
vide precincts. The county court of any county may change
the boundaries of any precinct within such county or divide
any precinct into two or more precincts, or consolidate two or
more precincts into one, or change any place of holding elec-
tions whenever public convenience or the public good may re-
quire it: Provided, That no such change, division or consolida-
tion shall be made after the June term of each court next pre-
ceding an election: And provided, further, That no such
change, division, or consolidation shall be valid without giv-
ing due notice, at least one month before any election, by one
publication in the newspaper published in said county having
the largest circulation therein or by posters put up in four of
the most public places in said precinct: And provided, fur-
ther, That no precinct shall be enlarged so as to contain more
than three hundred and fifty voters.
  1443. Toxins or cities with corporate limits in several
counties-ballots-mode of conducting and certifying election.
In any town or city of the fifth or six class, where corporate
limits include parts of two or more counties, the clerk of the
county court of each of such counties, in addition to the bal-
lots prepared for the State, county, district or precinct elec-
tions, shall prepare a ballot-book of similar form and requi-
sites for the use of voters who reside in that part of such town




or city that lies in his county, at every election at which muni-
cipal officers for such town or city are required to be chosen,
or at which any question is to be submitted to the voters of
such town or city. Only the names of such persons as are can-
didates for municipal officers in such town or city, or questions
submitted to the voters of such town or city, shall be placed or
printed on said ballots, and then only in conformity with, and
in pursuance of, the regulations of this chapter, or other laws
relating to the preparation of ballots and applicable to the elec-
tion at which they are to be used. The officers of the election of
the county precinct embracing a part of the territory within the
corporate limits of such town or city, in addition to the bal-
lots for State, county, district or precinct, shall furnish to each
voter residing in such town or city, and, entitled to vote at the
precinct for municipal officers, or upon a municipal question
submitted to the voters of such town or city, a ballot prepared
as herein provided for such municipal election, which ballot
the voter will mark and fold in the same manner and at the
same time, and deliver to the proper officer of the election in
the same manner and at the same time as is required in re-
spect to the State, county, district or precinct ballots, and the
same shall be deposited by the officer in the ballot-box with the
other ballots. The officers of the election shall count and dis-
pose of such municipal ballots at the same time, and shall cer-
tify and return the result thereof in the same manner as of the
other ballots. It shall be the duty of the canvassing board of
elections of the respective counties embracing parts of such
town or city, to make duplicate written certificates over their
signatures of the number of votes given in the county for
municipal officers, or upon questions submitted to the voters
of such town or city, one copy to be retained in the clerk's
office of such county, and the other to be sent immediately by
mail by said canvassing board to the canvassing board of the
county, embracing a part of such town or city having the
largest population, which last named board shall, between the
hours of ten and twelve o'clock in the morning of the first
Tuesday after the election, meet in the clerk's office of their
county, compare the certificates of the canvassing boards of the
several counties, and therefrom give triplicate certificates of
election, in writing, over their signatures, of the persons who




.appear to have received the highest number of votes for offi-
cers of such town or city, one copy of the certificate to be re-
-tained in the clerk's office, another delivered to the clerk of the
board of council of such town or city, and the other forwarded
to the Secretary of State. The certificate of the votes on any
question submitted to the voters of such town or city shall be
-delivered as provided by the law or ordinance under which the
vote was taken. Such town or city shall pay the expenses of
-preparing the ballots for such municipal election.  (Section
-as amended by act of March 15, 1894. See, further, sec.
1596a, sub-sec. 5.)

                        ARTICLE III.
                   Elections, flow Conducted.

    1446. Secret ballot, except in school elections.  In all
elections hereafter held in this State on any subject which may
by law be submitted to a vote of the people, and for all or any
State, district, county or municipal officers, except school trus-
tees and other common school district elections, the voting
shall be by secret official ballots, printed and distributed as
hereinafter provided, and no other ballots shall be used.
(Election of School Trustees, sec. 4434; Con., sec. 147.)
    1451. Vacancy in office of sheriff or disability-who to
act. If the office of sheriff is vacant, or if the sheriff, or his
deputy, is a candidate at any election, all his duties pertain-
ing to that election shall be performed by the coroner and such
deputies as he may appoint for that purpose. If the coroner
is absent, or his office vacant, or he is a candidate, then such
-duties of the sheriff shall be performed by some person ap-
pointed for that purpose by the presiding judge of the county
,court, and the deputies of such person.
    1452. Ballots, printing and delivery-how    paid   for.
The printing and delivery of the ballots and cards of instruc-
tion to voters hereinafter described shall, in municipal elec-
tions, be paid for by the several cities respectively; and in all
-other elections the printing of the ballots and cards of instruo-
tions for the voters in each county, and the delivery of them
to the several voting precincts, shall be paid for by the sexveral
counties respectively.




    1453. Ballots-how names of candidates placed on-ae-
vice indicating party-power8 and duties of county clerk.
The county clerk of each county shall cause to be printed on
the respective ballots the name of the candidates nominated
by the convention of primary election of any party that cast two'
per cent of the total vote, of the State at the last preceding
general election, as certified to the said clerk by the presidiilig
officer and secretary of said convention, or in the case of a pri-
mary election by the secretary and chairman of any district
committee; and also the names of any candidates for any office,
when petitioned so to do by electors qualified to vote for sll-h
candidates, as follows: For a State officer, or any officer for
whom all the electors of the State are entitled to vote, oust
thousand petitioners; for a Representative in Congress from
any congressional district, or iny other district except as here-
in provided, four hundred petitioners; for a county officer or
member of the General Assembly, one hundred petitioners;
for an officer of a precinct, or any other ward, or other division
less than a county, twenty petitioners. The signatures of such
petition need not be appended to one paper, but no petitioner
shall be counted except his residence and postoffice address be
designated. Such petition shall state the name and residence
of each of such candidates; that he is legally qualified to hold
such office; that the subscribers desire, and are legally quali-
fied, to vote for such candidate; and shall designate a brief
name or title of the party or principle which said candidates
represent, together with any simple figure or device by which
they shall be designated on the ballot. The certificate of'
nomination by a convention or primary election shall be in
writing, and shall contain the name of each person nominated,
his residence and the office to which he is nominated, and
shall designate a title for the party or principle which such
convention or primary election represents, together with any
simple figure or device by which its list of candidates may-
be designated on the ballots; said certificate shall be signed by
the presiding officer and secretary of such convention, or by'
the chairman and secretary of the county, city or district
committee, who shall add to their signatures their respective-
place of residence, and acknowledge the same before an officer-
duly authorized to administer oaths. If the certificate of



nomination of any State convention shall request that the fig-
ure or device selected by such convention be used to designate-
the candidates of such party on the ballots for all elections
throughout the State such figure or device shall be used until
changed by request of a subsequent State convention of the
same party. Such device may be any appropriate symbol;
but the coat of arms or seal of the State, or of the United
States, the national flag, or any other emblem common to the-
people at large, shall not be used as such device. A certificate
of such acknowledgment shall be appended to such instru-
ment. In case of death, resignation or removal of any candi-
date subsequent to nomination, unless a supplemental certifi-
cate or petition of nomination be filed, the chairman of the
State, county or city district committee shall fill such vacancy.
Certificates and petitions of nomination of candidates for all
offices to be filled by the electors of a county, or a division or
district of the county, shall be filed with the county court
clerk: Provided, however, That if any political party en-
titled to nominate by convention shall in any case fail to do
so, the names of all nominees by petition for any office who
shall be designated in their petition as members of, and candi-
dates of, such party, shall be printed under the device and
title on the ballots as if nominated by a convention. Certi-
ficates and petitions of nomination of candidates for offices to
be voted for. by the electors of the State, other than members
of the General Assembly, or of any division or district of the
State exclusively, shall be filed with the Secretary of State.
In the event two or more persons who have filed certificates of
nomination with the said Secretary of State or county clerk
shall claim to be the nominee of the same political party the
governing authority of said political party shall designate, in
writing, to said Secretary of State and county clerk which of
said candidates shall be entitled to the party emblem: Pro-
vided, however, If there be two or more contending executive-
committees of the same party in the county or district, then
that county or district, executive committee which is recog-
nized by the State governing authority of such party, by the
written certificate of the chairman thereof, shall be recognized
by the county clerk and Secretary of State.  (This section is-





sec. 1 of an act of October 16, 1900, and, as it covers every part
,of the original section, it is inserted as a substitute for it.) .
    1454. Certificate and petition of nomination-candidate's
name placed on ballot. If any certificate or petition of nomi-
nation shall contain the name of more than one candidate for
any office to be filled, neither name shall be printed as a can-
didate for such office. If any person shall join in nominating,
by petition, more than one nominee for any office to be filled,
such person shall not be counted as a petitioner for either
nomination. If any person has been nominated as a candi-
date for any office by convention, and also as a candidate for
the same office by petition, his name shall be placed on the
ballot but once, to-wit: In the list of candidates nominated by
such convention; and the place occupied by his name in such
petition shall be left blank: Provided, That if such candidate
shall, in writing, prior to the last day for filing nominations,
request that his name be printed as nominated by petition, it
shall be so printed, and shall be omitted from the list nomi-
nated by the conv ention.
    1455. Certificates and petitions preserved. The Secretary
of State and county clerks shall cause to be preserved in their
respective offices all certificates and petitions of nomination
filed therein under the provisions of this act for six months
after the election for which such nominations were made.
    1456. Certificates and petitions to be filed before election.
Certificates and petitions of nomination filed with the Secre-
tary of State shall be filed not more than sixty days, and not
less than thirty days, before the day fixed by law for the elec-
tion of the persons in nomination. Certificates and petitions
of nomination herein directed to be filed with the clerk of a
county shall be filed not more than sixty and not less than fif-
teen days before election.
    1437. Secretary of State to certify to county clerks names
of candidates-vacancy in General Assembly.     Not less than
twenty days before the election of such officers as are required
to file their certificate of nomination with the Secretary of
State said Secretary of State shall certify to the respective
county court clerks of the various counties which are entitled
under the law to participate in the election of the respective
-candidates, the name and place of residence of each candidate



for each respective office, as specified in the certificates and
petitions of nomination filed with him, and shall designate
therein, subject to the provisions of this act, the device under-
which the group or list of candidates, or candidate, of each
party shall be printed, in the order in which they shall be ar-
ranged on the ballot: Provided, however, Should a vacancy
occur in the General Assembly and a writ of election issued too
fill said vacancy, the petition or certificate of nomination may
be filed ten days before the day of election, and if filed with
the Secretary of State shall be immediately certified to the
proper county court clerks. No writ for the election of a
member of the General Assembly shall be issued, except so as-
to enable the sheriff to give notice thereof, as now provided by
law at least fifteen days before the day of election.  (This-
section is sec. 2 of an act of October 16, 1900, and, as it covers
every part of the original section, it is inserted as a substitute-
for it.)
    1457A. Penalty against county clerk for failing to print
ballots correctly. If the county court clerk shall willfully and
knowingly refuse or fail to have the name of any candidate
printed upon the official ballot in the manner provided for in
this act he shall forfeit his office and be guilty of a felony, and,
upon conviction, be confined in the penitentiary for not less
than one year nor more than three years. (This section is
sec. 3 of an act of October 16, 1900.)
   1458. Names certified-when not to be printed on ballots.
The Secretary of State shall not certify the name of a candi-
date whose certificate of nomination shall have been filed in his
office who shall have notified him in writing, signed and exe-
cuted with the formalities prescribed for the execution of an
instrument to entitle it to record, that he will nQt accept
the nomination contained in the certificate or petition of
nomination. The county clerk shall not cause to be pub-
lished on the regular ballots, according to section 1460 hereof,
the name of any candidate whose certificate or petition of
nomination shall have been filed in his 'office who shall have
notified him in like manner that he will not accept the nomi-
nation. The names of such candidates shall not be included
in the names of the candidates to be printed in the ballots as
hereinafter provided.



   1459. Public measure-constitutional amendment-how
voted for. Whenever a constitutional amendment or other
public measure is proposed to be voted upon by the peo-
ple, the substance of such amendment or other public meas-
ure shall be clearly indicated upon the ballot, and two spaces
shall be left upon the right of the same, one for votes favoring
the amendment, or public measure, to be designated by the
word "Yes," and one for votes opposing the amendment or
measure, to be designated by the word "No." The elector
shall designate his vote by a cross-mark thus (X), placed op-
posite the word "Yes," or the word "No." [Whenever an
amendment to the Constitution has been adopted by the Gen-
eral Assembly, the Secretary of State shall cause such proposed
amendment to be published at least four times in two papers
of general circulation, published in the State, and shall also
cause to be published at the same time and in the same man-
ner the fact that said constitutional amendment will be sub-
mitted to the voters for their acceptance or their rejection at
the next general election at which members of the General
Assembly are to 'be voted for. Such publications shall be
made so that the last publications shall be at least ninety days
preceding the election at which said amendment is to be
voted on, as provided in sections 256 and 257 of the Constitu-
tion. It shall be the duty of the Secretary of State to certify
not less than twenty days before the next general election at
which members of the General Assembly are to be chosen, to
the county clerk of each county, the substance of any consti-
tutional amendment which is to be voted on, and it shall be
the duty of each county clerk to have the substance of such
amendment, as certified by the Secretary of State, indicated on
the ballot, as provided in this section. The votes cast for and
against such constitutional amendments shall be counted and
canvassed and certified to the State Canvassing Board in the
same manner as the votes cast for any officer elective by the
votes of the whole State. If it shall be found that a majority
of the votes cast for and against said amendment are in favor
thereof, then said amendment shall become a part of the Con-
stitution. The result of such vote shall be published by the
Secretary of State in two daily newspapers, of general circula-
tiOIn, published in this Commonwealth. The expenses of the





publication herein provided for shall be paid as are the expenses
of other publications which the Secretary of State is required to
make in connection with elections.] (IWords in brackets added
to this section by act of May 12, 1897.)
   1460. Ballots-form of-duty of county clerks-effect of
X mark under device and opposite name of candidate. The
county clerks of the several counties shall cause the names of
all candidates of their respective jurisdictions, where nomina-
tions for any office specified in the ballot have been duly made
and not withdrawn, in accordance herewith, to be printed on
one ballot all nominations of any party or group of petitioners,
as designated by them in their certificate or petition; or if none
be designated, under some suitable title and device. If the
same device for designating candidates be selected by two par-
ties or group of petitioners it shall be given to the one which
first selected it, and the clerk shall select a suitable device for
the other. The arrangement of the ballot shall in general
conform, as nearly as practicable, to the plan hereinafter
given, and the devices named and lists of the candidates of the
various parties shall be printed in parallel columns, in such
order as the Secretary of State may direct, precedence, how-
ever, being given to the party which polled the higher num-
ber of votes for the head of the ticket in the last preceding
election. The device of each party shall be placed at the
head of the list of candidates of the party. The device shall
not be enclosed in a square, but immediately under the device
shall be placed a circle of one inch in diameter. Immediately
under it shall be placed the name or title of the party ticket,
and immediately under the name or title the list of candidates
of the party, the name of each candidate having immediately
on its right a small square large enough to contain the cross-
mark by which the voter is required to designate- his vote.
Underneath the name of each candidate shall be left a blank
space large enough to contain a written name, and the general
arrangement shall conform as nearly as possible to the fol-




         Name of voter........ Consecutive number.          
       Residence .................

  KInTc PyrY             REPuAAM PATY           PEOPLE'S PARTY
FMr C _.VaX-          For Governw-           For Govemo -
W M...... .............  .. .   W. S........ ........... T OR].  B 1L IR .................. R ....  IE

J. C. W. BE C HAM ........   JOHN  MARSHALL . .................................. El

   ....... ...........   ......   . ...I......   ................  ..,.......... E

        (And continuing in like manner as to all candidates to be
      voted for at such elections.)
        Name of voter ........ Consecutive number .
      The secondary stub shall be on the end of the ballot opposite
      to that of the several party devices.
        On the back shall be printed "official ballot," the date of the
      election and fac simile of the signature of the clerk who has




caused the ballot to be printed. Should any elector desire to
vote for each and every candidate of one party he shall make
a cross mark (X) in the circle under the device of said party,
and the vote shall be counted for all the candidates under said
device: Provided, however, If a cross-mark (X) be made in a
circle under a party device and a cross mark (X) be also made
after one or more candidates of a different party, or parties, the
vote shall be counted for the candidates so marked, and not
for the candidates for the same offices of the party so marked,
but the vote shall be counted for the other candidates of said
party.  (This section is sec. 4 of an act of October 16, 1900,
and, as it covers fully the original section, it is inserted in its
place. (See, further, sec. 1471.)
   1461. Ballots to be printed and bound in books-stubs-
duties of cleh. They shall be printed on the same leaf with
a double stub, and separated therefrom by a perforated line,
and shall be bound, with stubs attached thereto, into books, one
for each voting precinct, which book shall contain at least fifty
per cent more ballots than the votes cast at such precinct at
the preceding election; except in precincts where registration-
is required, the books shall contain as many ballots as there are
registered voters therein, with a reasonable number added to
supply ballots that may be spoiled. Upon the covers of such
books shall be printed the designation of the precinct for which
the ballots have been prepared, and on the inside of one of the
covers of the book shall be printed the form hereinafter given
for the election return. The main stub shall be printed as
follows: Consecutive numbers,             (after these words
the consecutive numbers shall be printed, beginning with one
and increasing in regular numerical order) ; name of voter,
          (after these words the clerk shall set down the
voter's name). In all precincts where registration is required,
in addition to the foregoing, there shall be printed on the
main stub as follows: Residence,            (after this word
the clerk is to set down the voter's residence or regi3cere(d num-
   1462. Ballots, how printed-duties of Secretary of State
and county clerks-penalties. All ballots shall be printed
on plain white paper, suffi iently thick that the printing can-




not be uinguished from the back, which paper shall be of
number one u-hte book paper. and when 26 by 4'r inches slall
weight 80 pounds to the ream, or if double cap 40 pounds to
the ream; and, except in elections for a municipal office, shall
be furnished to the county court clerk by the Secretary of
State, and it shall be the duty of the county clerk to notify the
Secretary of State thirty days before the day of election of the
size and the number of ballots which shall be necessary for
said county, estimating fifty per cent more to the precinct
than there were ballots cast at the last preceding State elec-
tion, and the Secretary of State shall furnish the paper as here-
in provided within ten days after said notification by the
county court clerk. If upon any ticket there be no candidate
or candidates for a designated office a blank space equal to
the space that would be occupied by such name or names, if
they were printed thereon, with the blank spaces herein pro-
vided for, shall be left. Should the Secretary of State fail or
refuse to so furnish said paper for the ballots he shall be guilty
of a misdemeanor, and upon trial and conviction by indict-
ment in the Franklin Circuit Court be fined not less than one
thousand (1,000) dollars and not more than five thousand
(5,000) dollars, in the discretion of the jury. Provided,
That in the year 1900 the notice herein provided for to be
given to the Secretary of State by the county court clerk, shall
not be given, but immediately after the passage of this act
and at least fifteen (15) days before the day of the next en-
suing election the Secretary of State shall furnish to the vari-
ous county court clerks the paper upon which the ballots shall
be printed, which shall be of the quality as herein provided, and
each county shall be furnished fifty per cent more ballots
than were cast in the respective counties at the last preceding
State election. Provided, however, That the clerks of the
various counties of the State shall furnish the paper of the
kind and weight as herein provided for the ballots, in the year
nineteen hundred if the Secretary of State does not furnish