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UNOFFICIAL COPY 26 RS SB 80/GA
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AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky 1
relating to restoration of 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, election fraud, a violent felony 6
offense, a felony sexual offense, or a criminal offense against a child upon the completion 7
of any term of imprisonment, probation, or parole, as stated below? 8
Section 2. It is proposed that Section 145 of the Constitution of Ken tucky be 9
amended to read as follows: 10
Every citizen of the United States of the age of eighteen years who has resided in 11
the state one year, and in the county six months, and the precinct in which he or she 12
offers to vote sixty days next preceding the elec tion, shall be a voter in said precinct and 13
not elsewhere. No person who is not a citizen of the United States shall be allowed to 14
vote in this state. The following persons also shall not have the right to vote: 15
1. Persons convicted in any court of compet ent jurisdiction of treason, [ or 16
felony, or] bribery in an election, election fraud, a violent felony offense, a felony 17
sexual offense, or a criminal offense against a child [ or of such high misdemeanor as 18
the General Assembly may declare shall operate as an exclusion from the right of 19
suffrage], but persons hereby excluded may be restored to their civil rights by executive 20
pardon. 21
2. Persons convicted in any court of competent jurisdiction of a felony until 22
completion of any term of imprisonment, probatio n, or parole, exclusive of restitution, 23
fines, and any other court ordered monetary conditions, unless restored to their civil 24
rights earlier by executive pardon. 25
3. Persons who, at the time of the election, are in confinement under the 26
judgment of a court for some penal offense. 27
UNOFFICIAL COPY 26 RS SB 80/GA
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4[3]. Persons who have been determined by a court of competent jurisdiction to 1
be mentally incompetent and who have not retained their voting right s or had those 2
rights restored[Idiots and insane persons]. 3
Section 3. This amendment shall be submitted to the voters of the 4
Commonwealth for their ratification or rejection at the time and in the manner provided 5
for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 4 and 5 6
of this Act. 7
Section 4. Notwithstanding any provision of KRS 118.415 to the contrary, the 8
Secretary of State shall cause the entirety of the question in Section 1 of this Act and the 9
entirety of the proposed amendment to the Constitution of Kentucky contained in Section 10
2 of this Act to be published at least one time in a newspaper of general circulation 11
published in this state, and shall also cause to be published at the same time and in the 12
same manner the fact that the amendment will be submitted to the voters for their 13
acceptance or rejection at the next regular election at which members of the General 14
Assembly are to be voted for. The publi cation required by this section and KRS 118.415 15
shall be made no later than the first Tuesday in August preceding the election at which 16
the amendment is to be voted on. 17
Section 5. Notwithstanding any provision of KRS 118 .415 to the contrary, the 18
Secretary of State, not later than the second Monday after the second Tuesday in August 19
preceding the next regular election at which members of the General Assembly are to be 20
chosen in a year in which there is not an election for President and Vice President of the 21
United States, or not later than the Thursday after the first Tuesday in September 22
preceding a regular election in a year in which there is an election for President and Vice 23
President of the United States, shall certify the entirety of the question in Section 1 of this 24
Act and the entirety of the proposed amendment to the Constitution of Kentucky 25
contained in Section 2 of this Act to the county clerk of each county, and the county clerk 26
shall have the entirety of the que stion and the amendment, as so certified, indicated on 27
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the ballots provided to the voters in paper or electronic form as applicable to the voting 1
machines in use in each county or precinct. 2