FRANKFORT, Kentucky – A bill that would prevent non-citizens from voting in Kentucky has passed the Kentucky General Assembly.
Senate Bill 143 passed on a 72-12 vote March 15. It previously passed the Senate on a 31-4 vote February 14.
The bill, sponsored by Jason Howell (R-Murray), will 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.”
Supporters say the bill is meant to secure the electoral process and uphold the principle of voting rights. Because it received a two-thirds majority vote in the House and Senate, the proposed constitutional amendment will be put on the fall general election ballot for voters to decide.
Kentucky isn’t alone in taking up this type of legislation.
West Virginia lawmakers introduced similar legislation in both houses. The House of Delegates passed its version – House Joint Resolution 21 – on a 96-0 vote February 6. It then passed the state Senate on a 32-0 vote March 9, the final day of the regular session, with a minor change that had to be approved by the House.
But a technical glitch temporarily showed the measure as being completed. By the time the problem was realized, it was too late for it and a host of other measures to be taken across the finish line because of a Democratic filibuster.
While no one from Gov. Jim Justice’s office, the House of Delegates or the state Senate would confirm it, some following the resolution say it is almost assured to be part of a special session call from Justice in the next few months focused primarily on state budget issues.
West Virginia State Senate President Craig Blair (R-Berkeley) sponsored the Senate version of the measure. He said he still supports the idea and wants to see it passed.
“Most people assume that in order to vote in the United States, a person must be a citizen of the United States,” Blair told The West Virginia Record. “However, that isn’t always the case. Liberal cities like San Francisco and New York are allowing non-citizens to vote.”
Blair said federal law requires citizenship to vote in a federal election, but the law does not apply to state and local elections.
“Unless our West Virginia constitution specifically states that only citizens can vote, the possibility of non-citizens legally voting exists,” he told The Record. “So, we have proposed a Constitutional Amendment that will ensure that only citizens can vote in elections in West Virginia. Only citizens of the United States and West Virginia should be voting in West Virginia elections.”
In Virginia, a delegate also introduced legislation in the General Assembly 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.
“This bill marks a crucial milestone in ensuring the integrity of our elections,” Rep. Michael Meredith (R-Oakand) said when the mirror HB341 legislation 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 said elections.”
“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 a recent floor debate.