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AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky 1
relating to voting rights. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. Are you in favor of amending Section 145 of the Constitution of 4
Kentucky to automatically restore the voting rights of persons who have been convicted 5
of a felony, not involving treason, bribery in an election, or election fraud, upon the 6
completion of any term of imprisonment, probation, or parole, and to automatically 7
restore their civil rights five years after the completion of any term of imprisonment, 8
probation, or parole, as stated below? 9
Section 2. It is proposed that Section 145 of the Constitution of Kentucky be 10
amended to read as follows: 11
(1) Every citizen of the United States of the age of eighteen years who has resided 12
in the state one year, and in the county six months, and the precinct in which he or she 13
offers to vote sixty days next preceding the election, shall be a voter in said precinct and 14
not elsewhere. No person who is not a citizen of the United States shall be allowed to 15
vote in this state. The following persons also shall not have the right to vote: 16
(a)[1.] Persons convicted in any court of competent jurisdiction of treason,[ or 17
felony, or] bribery in an election, or election fraud[of such high misdemeanor as the 18
General Assembly may declare shall operate as an exclusion from the right of suffrage], 19
but persons hereby excluded may be restored to their civil rights by executive pardon;[.] 20
(b)[2.] Persons convicted in any court of competent jurisdiction of a felony, 21
until completion of any term of imprisonment, probation, or parole, unless restored to 22
their civil rights earlier by executive pardon; 23
(c) Persons who, at the time of the election, are in confinement under the 24
judgment of a court for some penal offense; and[.] 25
(d)[3.] Persons who have been determined by a court of competent 26
jurisdiction to be mentally incompetent and who have not retained their voting rights 27 UNOFFICIAL COPY 25 RS BR 1875
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or had those rights restored[Idiots and insane persons]. 1
(2) All persons convicted in any court of competent jurisdiction of a felony who 2
have not been previously restored to their civil rights by executive pardon shall have 3
their civil rights automatically restored five years after completion of any term of 4
imprisonment, probation, or parole. 5
(3) Persons who have had their right to vote or civil rights previously restored 6
under this section and who subsequently have been convicted in any court of 7
competent jurisdiction of any felony shall not have the right to vote until completion of 8
any term of imprisonment, probation, or parole for the subsequent offense unless they 9
are restored to their civil rights by executive pardon, and shall not have their civil 10
rights automatically restored until five years after completion of any term of 11
imprisonment, probation, or parole for the subsequent offense. 12
Section 3. This amendment shall be submitted to the voters of the 13
Commonwealth for their ratification or rejection at the time and in the manner provided 14
for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 4 and 5 15
of this Act. 16
Section 4. Notwithstanding any provision of KRS 118.415 to the contrary, the 17
Secretary of State shall cause the entirety of the question in Section 1 of this Act and the 18
entirety of the proposed amendment to the Constitution of Kentucky contained in Section 19
2 of this Act to be published at least one time in a newspaper of general circulation 20
published in this state, and shall also cause to be published at the same time and in the 21
same manner the fact that the amendment will be submitted to the voters for their 22
acceptance or rejection at the next regular election at which members of the General 23
Assembly are to be voted for. The publication required by this section and KRS 118.415 24
shall be made no later than the first Tuesday in August preceding the election at which 25
the amendment is to be voted on. 26
Section 5. Notwithstanding any provision of KRS 118.415 to the contrary, the 27 UNOFFICIAL COPY 25 RS BR 1875
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Secretary of State, not later than the second Monday after the second Tuesday in August 1
preceding the next regular election at which members of the General Assembly are to be 2
chosen in a year in which there is not an election for President and Vice President of the 3
United States, or not later than the Thursday after the first Tuesday in September 4
preceding a regular election in a year in which there is an election for President and Vice 5
President of the United States, shall certify the entirety of the question in Section 1 of this 6
Act and the entirety of the proposed amendment to the Constitution of Kentucky 7
contained in Section 2 of this Act to the county clerk of each county, and the county clerk 8
shall have the entirety of the question and the amendment, as so certified, indicated on 9
the ballots provided to the voters in paper or electronic form as applicable to the voting 10
machines in use in each county or precinct. 11