Kentucky’s 2024 Constitutional Amendment No. 1 on 2024 ballot
The Kentucky’s Secretary of State has a shortened version on the Amendments on their page:
https://www.sos.ky.gov/elections/Pages/2024-Constitutional-Amendments.aspx
The actual text that is on the ballot is:
Constitutional Amendment 1
Are you in favor of amending Sections 145 and 155 of the Constitution of Kentucky to prohibit persons who are not citizens of the United States from being allowed to vote in the Commonwealth of Kentucky, as stated below?
IT IS PROPOSED THAT SECTION 145 OF THE CONSTITUTION OF KENTUCKY BE AMENDED TO READ AS FOLLOWS: Every citizen of the United States of the age of eighteen years who has resided in the state one year, and in the county six months, and the precinct in which he or she offers to vote sixty days next preceding the election, shall be a voter in said precinct and not elsewhere. No person who is not a citizen of the United States shall be allowed to vote in this state. The following persons also shall not have the right to vote:
1. Persons convicted in any court of competent jurisdiction of treason, or felony, or bribery in an election, or of such high misdemeanor as the General Assembly may declare shall operate as an exclusion from the right of suffrage, but persons hereby excluded maybe restored to their civil rights by executive pardon.
2. Persons who, at the time of the election, are in confinement under the judgment of a court for some penal offense.
3. Idiots and insane persons.
IT IS PROPOSED THAT SECTION 155 OF THE CONSTITUTION OF KENTUCKY BE AMENDED TO READ AS FOLLOWS: The provisions of Sections 145 to 154, inclusive, shall not apply to the election of school trustees and other common school district elections. Said elections shall be regulated by the General Assembly, except as otherwise provided in this Constitution. No person who is not a citizen of the United States shall be allowed to vote in said elections.
Yes or No
In plain language that the amendment means:
1. We will start with the fact that NO ONE WHO IS NOT A CITIZEN can vote in a Kentucky election.
2. That listed charges are Constitutionally vague as they don’t list specific offenses. Things that are Constitutionally vague usually get litigated as they aren’t specific enough. For example, in this case, this means that any crime the Legislators decide at any point in future could take away your right to vote. As it isn’t specific and states that the General Assembly (so those people in Frankfort) can 10 years from now can decide that a crime that isn’t a crime now, can mean that they can take away your right to vote.
3. It has only been recently has it been talked about to have people in jail vote. These are people who haven’t been found guilty of anything, they are waiting for a court date. That means, realistically that if you can’t post a bond to get out (because you don’t have the money to do so) you wouldn’t be able to vote. For example, you got a ticket for any reason, that requires you to be in custody the day before the election, you would not be able to vote, despite the right that you would be able to vote otherwise. This will impact the poorer community in the State, as they are more likely to be held on a bond that they can’t post, again this is before a trial or anything else in court, so they sit in jail and can’t vote if this Amendment passes.
4. Next one that anyone how is already determined by the Court that they be in an “idiot” or “insane” CAN NOT VOTE in a Kentucky election. These would be people that the court has already said that they are not responsible for a crime or they are people who have a legal guardian because they can’t make decision on their own care. Again, these people can’t vote now. If this amendment is voted in, what will really happen is when someone goes to vote any other person could say that your ballot can’t be counted, because you are obviously an “idiot” as you are voting for something they don’t like. While that shouldn’t stop you from voting, it will mean the Court will have to involved everyone time someone says that.
Basically, this Amendment is not going to accomplish at least two of it’s listed parts, as again non-citizens and “idiots” and “insane persons” CANNOT VOTE IN KENTUCKY.
The other two points are directed to disenfranchise voters.