§ 7-10-103 — Filing as a candidate

(a) A candidate for a nonpartisan office under this chapter shall: (1) Pay a filing fee; or (2) File a petition. (b) (1) The State Board of Election Commissioners shall establish reasonable filing fees for nonpartisan offices. (2) (A) A candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney who chooses to pay by filing fee shall pay the filing fee to the Secretary of State when the candidate files his or her political practices pledge. (B) The period for paying filing fees and filing political practices pledges shall begin at 3:00 p.m. on the first day of the party filing period under § 7-7-203 and shall end at 3:00 p.m. on the last day of the party filing period under § 7-7-203 . (3) (A) The filing fees collected for the offices of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, and district judge shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund for covering the cost of election expenses of the State Board of Election Commissioners. (B) (i) Except as provided in subdivision (b)(3)(B)(ii) of this section, the filing fees collected for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund. (ii) The first one hundred thousand dollars ($100,000) collected annually from filing fees for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Trial Court Administrator Fund. (c) (1) (A) (i) A person may have his or her name placed on the ballot for a nonpartisan office without paying a filing fee by filing a petition in the manner provided for under this section. A petition for a candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney shall be filed with the Secretary of State beginning at 12:00 noon fifty-three (53) days before the first day of the party filing period under § 7-7-203 and ending at 12:00 noon forty-six (46) days before the first day of the party filing period under § 7-7-203 . (ii) A nonpartisan candidate filing by petition shall file a political practices pledge with the petition. (B) (i) The petition shall: (a) Be directed to the office with which it is to be filed; and (b) Request that the name of the candidate be placed on the ballot for the election set forth in the petition. (ii) A candidate shall not begin circulating petitions earlier than sixty (60) days before the filing deadline. (C) (i) The Secretary of State within forty-five (45) days of the filing of the petition shall: (a) Determine whether the petition contains the names of a sufficient number of qualified electors; and (b) Verify the sufficiency of the petition. (ii) The sufficiency of a petition filed under this section may be challenged in the same manner as provided by law for election contests under § 7-5-801 et seq. (D) A qualified elector signing the petition must be a registered voter in the geographic area applicable to the position at the time he or she signs the petition. Each qualified elector shall provide on the petition his or her: (i) Printed name; (ii) Signature; (iii) Address; (iv) Date of birth; and (v) Date of signing. (E) In determining the number of qualified electors in the state or in any court of appeals district, circuit court circuit, or district court district, the number of votes cast for Governor in the immediately preceding general gubernatorial election shall be conclusive of the number of all qualified electors in the state, circuit, or district for purposes of this section. (2) (A) A candidate by petition for Justice of the Supreme Court shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the state; and (ii) Ten thousand (10,000) qualified electors. (B) A candidate by petition for Judge of the Court of Appeals shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the court of appeals district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (C) A candidate by petition for circuit judge shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the circuit for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (D) A candidate by petition for district judge shall file a petition signed by the lesser of: (i) One percent (1%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (E) A candidate by petition for prosecuting attorney shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (d) [Repealed.] (e) A candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney shall file with the Secretary of State. (f) (1) (A) A nonpartisan candidate shall not use more than three (3) given names, one (1) of which may be a nickname or another word used to identify the candidate to the voters. (B) (i) A nonpartisan candidate may add as a prefix to his or her name the title or an abbreviation of an elective public office the candidate currently holds. (ii) A candidate may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (a) The candidate is currently serving in a judicial position to which the candidate has been elected in the last election for the office; or (b) The candidate: (1) Is a candidate for the office of circuit judge or district judge; (2) Is currently serving in the position of circuit judge or district judge as an appointee; and (3) Has been serving in that position for at least twelve (12) months. (C) A nickname shall not include a professional or honorary title. (2) The person filing for office shall include his or her surname in addition to any given names permitted under subdivision (f)(1)(A) of this section. (3) The names and titles to be used by a candidate on the political practices pledge shall be reviewed no later than one (1) business day after the filing deadline by the Secretary of State for a candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, and prosecuting attorney. (4) (A) The name of each candidate shall be printed on the ballot in the form as certified by the Secretary of State. (B) The county board of election commissioners may substitute an abbreviated title if the ballot lacks space for the title requested by a candidate. (C) The county board of election commissioners immediately shall notify a candidate whose requested title is abbreviated by the county board of election commissioners. (5) A candidate shall not change the form in which his or her name will be printed on the ballot after the deadline for filing the political practices pledge.

Legislative History

Amended by Act 2023, No. 305,§ 13, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 12, eff. 8/1/2023. Amended by Act 2019, No. 527,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 268,§ 13, eff. 7/1/2015. Amended by Act 2013, No. 1286,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1110,§ 12, eff. 8/16/2013. Amended by Act 2013, No. 1075,§ 2, eff. 8/16/2013. Acts 2001, No. 1789, § 3; 2005, No. 67, § 26; 2007, No. 1049, § 32; 2009, No. 959, § 45; 2009, No. 1407, §§ 1, 2; 2011, No. 1185, § 14.