When Kentucky voters head to the polls on November 5, they will be asked two questions regarding the state’s constitution. While Amendment 2 has been widely talked about, Amendment 1 — which focuses on voter citizenship — has received far less attention. Here’s what to know about it, including clarifying some misconceptions about the language referring to “idiots and insane persons.”
What is Amendment 1?
If approved, the amendment would revise the state constitution to ban noncitizens from voting in Kentucky elections.
“The privilege of voting is reserved for U.S. citizens in our country, and is one of the most fundamental rights our citizens have,” State Rep DJ Johnson said. “While current statutes restrict noncitizens from voting, our Constitution is the foundation for law in the Commonwealth. It is essential to preserving our sacred right to elect our leaders that the Constitution clearly states that only U. S. citizens can vote in our elections. Amendment 1 does that.”
While a small change, the amendment appears lengthy on the ballot. The full question and proposed amendment are in italics below. Only the text in bold would be new, meaning the rest of the language is already in the state constitution.
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.
Why does it say “idiots and insane persons” in Section 145?
Kentucky’s constitution has listed “idiots and insane persons” among those who can’t vote since 1891. At the time, it was a more clinical term. Multiple reports show several states had similar wording in past versions of their constitutions but have since updated the terms.
Due to the language getting some attention due to the proposed amendment, some state legislators have since said they are open to considering alternative terms.
“I agree that parts of the constitution are archaic and this particular section is hurtful to many,” State Senator Gary Boswell said. “I think the language should be changed in the future. It’s meant to address people who are not of sound mind.”
Johnson added, “That may be language we need to update down the road, but it was not my focus with this amendment because no constituents had come to me with any concerns about that wording.”
Can noncitizens vote in Kentucky currently?
It is currently a federal crime for noncitizens to vote in federal elections. Kentucky’s constitution implies that noncitizens cannot vote, but the amendment would explicitly state it, if passed.
State Rep. Suzanne Miles said the “only change is currently in our constitution, all citizens must be given the right to vote, but it does not prohibit noncitizens to vote in KY. A ‘yes’ vote would prohibit noncitizens from voting.”
Boswell similarly noted it’s somewhat of a preventative measure.
“We have to protect our voting integrity,” he said. “I will use this analogy. It’s like if your football team is winning 20 to nothing, and you go ahead and try to add some more points to make it a sure win. … If opponents say (the amendment) is not necessary, then why do they care (if it passes)? It seems like a no-brainer to me.”
When is voting in Daviess County?
Early voting runs Thursday through Saturday at the Owensboro Sportscenter from 8 a.m. to 4 p.m. daily. Election day is November 5. Daviess County residents can vote at any of the 14 local polling places from 6 a.m. to 6 p.m. that day.
Editors’s note: The original version of this story said that it was a federal crime for noncitizens to vote in state and local elections. It is only a federal crime if a noncitizen votes in a federal election.