FRANKFORT, Kentucky – A proposed constitutional amendment that would require U.S. citizenship to vote in Kentucky elections has passed the state House of Representatives.
House Bill 341 passed on an 81-15 vote January 30 and now heads to the state Senate. All 15 House votes against the measure were by Democrats.
“I am happy that today the House passed a straightforward, commonsense amendment that protects the integrity of our elections,” sponsor Michel Meredith (R-Oakland) said.
During floor debate Tuesday, Meredith said the purpose of the bill was to seek clarity and close a loophole that potentially could allow non-citizens to vote.
“Voting is one of our most important rights and the one by which we ensure all the rest,” Meredith said on the floor. “We have an obligation to protect it. and I appreciate my colleagues taking a stand and passing this measure. …
“What we have seen in other states is some local governments having changed their local charters under similar Constitutional language in those states, to allow non-citizens to vote during elections in their jurisdictions.”
Critics say the bill is unnecessary.
In a statement, Michon Lindstrom, a spokesperson for Secretary of State Michael Adams pointed out,
“This measure simply codifies in the state constitution our existing policy of not permitting non-citizens to vote in Kentucky elections,” said Michon Lindstrom from Secretary of State Michael Adams’ office.
But Meredith disagreed.
“We seek to get ahead of this before it happens in the Commonwealth of Kentucky,” he said during Tuesday’s floor debate.
Meredith previously said the bill is meant to secure the electoral process and uphold the principle of voting rights. The legislation would put the issue on the fall general election ballot to voters.
“This bill marks a crucial milestone in ensuring the integrity of our elections,” Meredith said. “If HB341 receives a two-thirds majority yes vote in the House and Senate, it will be presented on the ballot in November 2024 for Kentucky citizens to have their say."
The ballot measure would ask voters if they want to “prohibit persons who are not citizens of the United States from being allowed to vote in the Commonwealth of Kentucky.” The actual wording that would be added to the state Constitution would say, “No person who is not a citizen of the United States shall be allowed to vote in this state.”
A legal analysis prepared last month by attorneys at Squire Patton Boggs said the Kentucky amendment "would have legal consequence because it is not clear that the Kentucky Constitution necessarily prevents the General Assembly or local governments from authorizing non-citizens to vote."
"While there is no guarantee that the Kentucky courts will interpret ... the Constitution to allow the General Assembly or local governments to authorize non-citizens to vote, it is possible that they could do so as there are plausible arguments supporting such an interpretation," the 10-page report states. "And, if nothing else ... the Constitution clearly gives the General Assembly leeway to allow non-citizens to vote in school board elections. Thus, a proposed amendment to the Constitution expressly prohibiting non-citizens from voting would have legal consequence and would not be pointlessly redundant of current law."
Last week, West Virginia State Senate President Craig Blair introduced a similar resolution that also seeks a state constitutional amendment. And a Virginia General Assembly delegate has introduced legislation that would require Virginia residents to prove U.S. citizenship when registering to vote by providing a birth certificate, passport or naturalization documents.
Americans for Citizen Voting praised the Kentucky legislation, calling it a “groundbreaking initiative” and “a significant step toward preserving the integrity of Kentucky's electoral process.”
“As a representative of the people in Kentucky, I firmly believe in preserving the integrity of our democratic process,” Rep. Killian Timoney said. “Allowing only U.S. citizens to vote ensures that the voices heard in our elections truly reflect the interests and values of our community.
“It is a fundamental principle of our democracy to prioritize the rights and responsibilities of citizens, safeguarding the foundation upon which our great state stands."
During a January 25 hearing of the Kentucky House Standing Committee on Elections, Constitutional Amendments and Government Affairs, Meredith explained the reasoning behind the bill during discussion after another lawmaker express concerns about it.
“I think the intent was for just citizens to vote,” Meredith said. “This has been tested in other cities. New York, California and Maryland have allowed (non-citizens to vote) in school elections. They have held up. The language says allow citizens but does not specifically state non-citizens cannot.”
Meredith also said the cost to include the issue on the ballot would be “minimal to the state.”