FRANKFORT, Kentucky – A bill that would prevent non-citizens from voting in Kentucky has passed the state Senate.
Senate Bill 143 passed on a 31-4 vote February 12. It now goes the House, which previously passed mirror legislation. The votes against each measure all were cast by Democrats.
Primary sponsor Jason Howell (R-Murray) said his Senate bill would put a constitutional amendment to Kentucky voters in this fall’s general election. The amendment would “explicitly affirm that only United States citizens are eligible to vote in the Commonwealth of Kentucky.”
“It’s odd we don’t already have this spelled out in our Constitution. While this is specifically prohibited at the federal level, it isn’t addressed here in Kentucky,” Howell said. “This is about protecting citizens and the thousands of people who’ve lawfully navigated the immigration process. One of the rewards of doing so is earning the right to vote.”
Kentucky isn’t alone in taking up this type of legislation.
West Virginia lawmakers have introduced similar legislation in both houses. The House version passed on a 96-0 vote February 6. And a Virginia General Assembly delegate also 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.
Currently, Sections 145 and 155 of the Constitution of Kentucky include three categories of people ineligible to vote. They are those found guilty of high crimes against the country, such as treason, convicted felons and those deemed mentally incompetent. The proposal was presented in the Senate Standing Committee on State and Local Government just last week.
If either SB143 or House Bill 341 – the mirror legislation sponsored by Rep. Michael Meredith (R-Oakland) – passes both chambers, Kentucky voters will see the proposed amendment on their ballots this November. Adoption of the amendment to the Constitution of Kentucky requires majority support from voters.
“This bill marks a crucial milestone in ensuring the integrity of our elections,” Meredith said when HB341 passed January 30. “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.”
“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 legislation is unnecessary.
“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 floor debate last month.
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.”
