(GRAPHIC BY WCLU NEWS)
BY LUKE C. PIERCE, WCLU News
Voters in Kentucky will see two proposals for constitutional amendments on their ballots this general election.
In March 2021, the Kentucky General Assembly – which is controlled by Republican supermajorities in both the Senate and House of Representatives – passed two separate bills. They proposed amendments to the Constitution of Kentucky.
The amendment proposed in House Bill 4 relates to the details of legislative sessions of the General Assembly. House Bill 91 proposes an amendment relating to protections against abortion.
Certain procedures are in place to make amendments to the Kentucky Constitution. Those are prescribed in Section 256 of the document. After passing both the Senate and House of Representatives by at least three-fifths agreement, the proposed amendment must be submitted to state voters.
If the vote passes, proposals are then ratified – meaning they are adopted, and the Constitution is changed. Voters will decide these amendments’ fate on Tuesday, Nov. 8.
What do these amendments propose exactly?
Amendment 1
Constitutional Amendment 1 essentially seeks to repeal and replace three sections of the Constitution.
The first amendment would allow the Kentucky State Legislature to extend its regular session past the deadline defined in Section 36 of the Constitution if three-fifths of each chamber votes to do so.
It would also allow the speaker of the House and the Senate president to call a special session for up to 12 days to deal with emergencies or other matters. The special session would not have to be specific to a topic or called by the governor, which is the current procedure.
This comes after the Republican-led legislature clashed with Democratic Governor Andy Beshear during the coronavirus pandemic in 2020. Governor Beshear had full authority to respond to the pandemic due to the state of emergency he declared.
The following question will appear on the ballot along with the entire amendment:
“Are you in favor of amending the present Constitution of Kentucky to repeal sections 36, 42, and 55 and replace those sections with new sections of the Constitution of Kentucky to allow the General Assembly to meet in regular session for thirty legislative days in odd-numbered years, for sixty legislative days in even-numbered years, and for no more than twelve additional days during any calendar year if convened by a Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, with no session of the General Assembly to extend beyond December 31; and to provide that any act passed by the General Assembly shall become law on July 1 of the year in which it was passed, or ninety days after passage and signature of the Governor, whichever occurs later, or in cases of emergency when approved by the Governor or when it otherwise becomes law under Section 88 of the Constitution?”
To view House Bill 4 and the entire text of the amendment, click here.
Amendment 2
Constitutional Amendment 2 would abolish abortion rights in the state. If passed, Section 26A would be added to the Bill of Rights of the Kentucky Constitution and bar abortion access and prohibit government funding for it.
Section 26A of the Kentucky Constitution is entitled “Rights of Victims of Crime.” Kentuckians voted in 2020 to add the section, which has also been referred to as “Marsy’s Law.” That’s the section language will be added to regarding abortion.
The proposal for the amendment was passed by the state legislature during the 2021 regular session. A U.S. Supreme Court ruling on June 24 returned decisions about abortion to states through its overturn of Roe v. Wade and Planned Parenthood v. Casey. Dobbs v. Jackson Women’s Health Organization led to that overturn just a few months ago.
The rulings said, “The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”
The one sentence amendment states:
“To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.”
To view House Bill 91 and the entire text of the amendment, click here.
In addition to these two amendments, the general election ballot will also include many local elections such as judge/executive, sheriff, jailer and county attorney positions. Other races include mayor, city councils, magistrates, constables and school boards.
Click here to view the sample ballot for Barren County.