Decision 2024: Explaining Amendment One & Two on the Kentucky ballot
What does a “yes” and “no” vote mean for each question?
OWENSBORO, Ky. (WFIE) - Election Day is officially two weeks away.
On Tuesday, November 5, Kentucky voters will head to the polls to cast their ballots, where they will be asked two questions regarding the state’s constitution.
Amendment One on the Kentucky ballot deals with voting rights, whereas Amendment Two deals with school choice and funding.
AMENDMENT ONE
The question on the 2024 Kentucky ballot regarding Amendment One asks the following:
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.
Amendment One says that non-U.S. citizens are not allowed to vote, but are non-U.S. citizens already not allowed to vote?
“The reason likely that Amendment One is being introduced is that there are a small number of municipalities across the United States that currently allow non-citizens to vote in local elections,” said Dr. Eric Schmidt, Associate Professor of Political Science at Kentucky Wesleyan College.
Dr. Schmidt said the idea is that Amendment One will likely prevent a court case down the road should a local government in Kentucky seek to extend voting rights to non-U.S. citizens in elections.
“Adding the additional language and clarification will keep it so that no court case can be brought in the future and keep it clear for municipal governments seeking to expand voting.”
In Section 145 of the Constitution of Kentucky, it says certain groups of people are already not allowed to vote in elections, including “idiots and insane persons.”
Dr. Schmidt said that while the wording may seem a bit harsh, they did have a clear understanding at one point in time.
“It is not simply a spout of meanness that was written that way. You could argue that it might be time to update some of that language for the purposes of clarification,” said Dr. Schmidt. “It is sort of the inherited legal framework which depends on shared definitions and understandings that you get when you have a nation as old as ours.”
What does a “yes” vote for Amendment One mean? Essentially, it supports adding language to Sections 145 and 155 of the Constitution of Kentucky reiterating that non-citizens will not be allowed to vote in the Commonwealth.
What does a “no” vote for Amendment One mean? It would not support adding language to the constitution, and each section would remain as is.
AMENDMENT TWO
Between Amendment One and Two, Amendment Two is probably the more consequential item on the ballot this November.
The question on the 2024 Kentucky ballot regarding Amendment Two asks the following:
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.
Kentucky residents will be voting on whether or not to amend the state constitution, giving legislators the authority to use public tax dollars to fund private schools and other non-public education providers.
[PREVIOUS: KY School Boards Association speaks on Amendment Two during board meeting]
“Amendment Two does not implement how those voucher systems are going to move forward, it just grants the General Assembly the ability to do so,” said Dr. Schmidt.
Dr. Schmidt said that the actions the Kentucky General Assembly would take, if Amendment Two were to pass, would resemble House Bill 563, which was struck down back in 2022 by the Kentucky Supreme Court.
“They might actually have greater flexibility for implementation. They might create a new piece of legislation that is a little bit more ambitious or farther reaching in scope than House Bill 563 was,” said Dr. Schmidt.
A “yes” vote for Amendment Two supports amending the Constitution of Kentucky to provide state funding to students outside of public schools, while a “no” vote opposes it and leaves the current sections in place.
Dr. Schmidt said that Amendment Two, if passed, could have a big impact on smaller areas across Kentucky.
“Kentucky currently has many great private institutions, but they mostly organized around population centers. It is unclear in rural areas how those people will most effectively take advantage of expanded choice and an expanded voucher system,” said Dr. Schmidt.
Both Amendment One and Amendment Two are hot-button issues for many Kentuckians, and Dr. Schmidt emphasized the importance of getting out to vote.
Early in-person voting in Kentucky takes place on Wednesday, October 31 through Friday, Nov 2.
Election Day taking place on Tuesday, November 5.
To find a list of polling locations, click here.
Copyright 2024 WFIE. All rights reserved.
