Rule SCR 7.040 - Special electionsWhenever a vacancy occurs in the office of bar representative to a judicial nominating commission for any reason other than the expiration of a term, the Chief Justice shall appoint a successor from a list of nominees chosen by the board. The successor shall serve until the expiration of the regular term of office. If a vacancy occurs in the office of bar representative to a judicial nominating commission less than 30 days before the next regular election, there shall be no appointment of a successor to fill the unexpired term.
1) On or before ten (10) days after receipt of the notice to the director (hereinafter referred to as "director's notice") of the need for a special election to fill an unexpired term resulting from a vacancy in the bar representation on the commission, the board shall nominate the bar representative for each vacancy in the same manner as provided in Rule 7.030(2) and (3).2) On or before fifteen (15) days after the director's notice, the director shall post to the website of the Kentucky Bar Association and send electronically to each member residing in the jurisdiction where the vacancy exists a list of candidates nominated by the board.3) Between fifteen (15) and twenty (20) days after the director's notice, other nominating petitions conforming to the requirements of Rule 7.030(4) may be electronically filed.4) All voting for the special election of a bar representative shall be conducted electronically. On or before twenty-five (25) days after the director's notice, the director shall post to the website of the Kentucky Bar Association and send electronically to each member residing in the jurisdiction where the vacancy exists a list of candidates. Each member may vote for one candidate.5) Following the close of voting, the electronic ballots will be tallied, and a report of the results will be generated to the director. The candidate receiving the highest number of votes shall be elected. If two (2) or more candidates are found to have received an equal number of votes, the election shall be fairly determined by random draw under the supervision of and in the presence of the director.6) The director shall immediately certify the results of the election to the Chief Justice and promptly notify each candidate of the results of the election.7) The results of the election will be posted to the website of the Kentucky Bar Association and sent electronically to each member residing in the jurisdiction where the vacancy exists.8) As soon as practicable after the election the director shall certify to the Supreme Court for its approval an itemization of all costs incurred in the special election. Upon its approval of such costs the court shall order payment to the association out of the state treasury.Ky. R. Sup. Ct. SCR 7.040
Amended by order 2024-04, eff. 2/15/2024; amended by order 2022-11, eff. 4/1/2022; amended by Order 2012-01, eff. 3/1/2012; adopted eff. 1/1/1978.