Kentucky voters will see 2 amendments on their 2024 ballots. Here’s what they mean
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When Kentucky voters go to the polls next week for the Tuesday, Nov. 5 General Election, their vote for president will likely be top of mind.
However, commonwealth voters will also be asked to vote either “yes” or “no” on two amendments to the state’s constitution.
To help voters decide where they stand with these ballot questions, here’s a deeper look at the text of each question and what a “yes” or “no” vote will mean for Kentucky. For reference, the text of both amendments can be found on the Kentucky Secretary of State’s website.
Constitutional Amendment 1
Amendment 1 aims to explicitly prohibit noncitizens from voting in Kentucky elections.
Supporters of Amendment 1 view it as a preventative measure to guarantee election security. Opponents see it as unnecessary, given federal law already bans noncitizens from voting in federal elections. Some parts of the country do allow noncitizens to vote, but only in elections for local offices, such as mayor or city council.
Kentucky Secretary of State Michael Adams, the state’s top election official, has said, “Kentucky’s Constitution implies — although it does not state — that noncitizens cannot vote in Kentucky’s state and local elections,” as reported by the Kentucky Lantern.
There’s no evidence noncitizens are voting in Kentucky, Adams has said.
Kentucky voters will be asked to vote either “yes” or “no” on the following ballot question related to Amendment 1. The question’s exact wording is: “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 18 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 60 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.”
Here’s what each vote on this question will mean:
“Yes” vote:
- You support adding language to the Kentucky constitution that explicitly prohibits noncitizens from voting in all state elections. This includes local and school board elections. If the amendment gets enough votes to pass, Kentucky’s constitution will be amended to include the following sentence: “No person who is not a citizen of the United States shall be allowed to vote in this state.”
“No” vote:
- You oppose changing the current language in Kentucky’s constitution. If the amendment is rejected by voters, the existing constitutional text would stand as is, implying but not explicitly stating only citizens can vote. Voting “no” would not allow noncitizens to vote in elections.
Constitutional Amendment 2
Amendment 2 is a much more widely discussed and higher profile amendment. Signs urging voters to vote “yes” or “no” on Amendment 2 have popped up in yards across Kentucky.
To put it simply, Amendment 2 would allow the state’s legislature, the General Assembly, to provide state funding for education outside the public school system. This includes charter and private schools.
Supporters of Amendment 2 say it will offer parents more choices and encourage public schools to improve as they compete for funding.
Public school officials, including the leaders of Kentucky’s two largest school districts, oppose Amendment 2. If passed, they have said, Amendment 2 will harm public education by diverting taxpayer money to private and charter schools that do not have the same accountability and transparency requirements.
The Kentucky ballot question proposing Amendment 2 reads as follows: “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.”
Here’s what each vote on this question will mean:
“Yes” vote:
- You support changing Kentucky’s constitution to allow lawmakers in the state to provide funding for education outside of the public school system, including private institutions. The amendment will add the sentence: “The General Assembly may provide financial support for the education of students outside the system of common schools.”
“No” vote:
- You oppose changing the state’s constitution to allow funding for non-public schools. Public money would not be allowed for non-public education.
What else is on your ballot?
Depending on where you live in Kentucky, you may be asked to vote on local ballot questions, as well. If you live in Fayette County, that includes a question this year asking voters whether they support creating an additional tax to fund public parks.
Voters in Fayette County will be asked to vote either “for” or “against,” the following measure: “Ratification of the establishment of a dedicated public ‘Park Fund’ program that will provide funds to improve and develop neighborhood parks, walking and hiking trails, nature parks, bike trails, swimming pools, playgrounds, dog parks, recreational facilities for children, adults, families and seniors to be financed by the levy of an additional two and one quarter cents ($0.0225) per $100 dollars on all taxable real property, effective January 1, 2025.”
Here’s what each vote on this question will mean:
“For” vote:
- You support creating a public parks fund financed by an additional tax, exactly 0.0225 cents per $100 on all taxable real property. “Real property” is generally defined as the land and the structures permanently attached to the land, such as homes. If passed, this will go into effect Jan. 1, 2025.
“Against” vote:
- You oppose an additional tax to fund public parks. If the measure is rejected by Fayette County voters, the additional tax will not be implemented.
Additionally, voters across Kentucky in more than 100 cities and counties will be decide whether to allow medical cannabis businesses to open in their communities.
Do you have a question about Kentucky elections for our service journalism team? We’d like to hear from you. Fill out our Know Your Kentucky form or email ask@herald-leader.com.
This story was originally published October 31, 2024 at 6:30 AM.
