Voters to weigh in on two proposed constitutional amendments

Several times over the past few weeks I have had constituents ask about the two constitutional amendments on the ballot in this November’s General Election. I thought I might use this space to explain what they would mean for our Commonwealth if voters choose to approve them.

But first, why amend the constitution in the first place? Constitutions are critical to a government. They establish the fundamental principles and framework of a government and define the distribution of powers, citizens’ rights, and the rule of law. However, what was relevant when they were written may not be a century later. Our state constitution was adopted in 1891. While it certainly includes provisions that are timeless, there are sections that need to be updated. In fact, Kentucky voters have approved 42 constitutional amendments over the past 133 years. For example, it was amended in 1975 to restructure the court system; in 1992 to reform the executive branch and change the succession order; and in 2002 to create family courts.

The ability to amend the constitution is important because it allows us to adapt to changing needs, address legal ambiguities, and reflect the evolving values of their citizens. This November, Kentucky voters will have an opportunity to weigh in on two proposed amendments to the state’s constitution. The first, Proposed Constitutional Amendment #1, strengthens election security while Proposed Constitutional Amendment #2 would provide greater flexibility in meeting the educational needs of Kentucky schoolchildren.

I plan on writing more about these amendments in the future, but thought it would be helpful to start with the actual ballot language and amendment language.

For example, the language that will appear on the ballot for Proposed Constitutional Amendment #1 reads: 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 may be 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.

Proposed Constitutional Amendment #2 will appear on the ballot as: To give parents choices in educational opportunities for their children, are you in favor of enabling the General Assembly to provide financial support for the education costs of students in kindergarten through 12th grade who are outside the system of common (public) schools by amending the Constitution of Kentucky as stated below?

It is proposed that a new section be added to the Constitution of Kentucky to read as follows:

The General Assembly may provide financial support for the education of students outside the system of common schools. The General Assembly may exercise this authority by law, Sections 59, 60, 171, 183, 184, 186, and 189 of this Constitution notwithstanding. To be placed on the ballot, a proposed amendment must first pass the Kentucky General Assembly. Lawmakers who support the amendment may support the ultimate goal, but even if they do not, they believe it is an important enough issue that voters should have a say. I cannot think of two more important issues than education and elections.