Compare versions

--- version:Introduced
+++ version:(document, no version)
@@ -1,54 +1,62 @@
-UNOFFICIAL COPY  26 RS BR 1470
-Page 1 of 2
-XXXX   1/9/2026 12:38 PM  Jacketed
-AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky 1
-relating to persons entitled to vote. 2
-Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
-Section 1.   Are you in favor of amending Section 145 of the Constitution of 4
-Kentucky to prohibit persons adjudged mentally incompetent by a court from voting as 5
-stated below? 6
-Section 2.   It is proposed that Section 145 of the Con stitution of Kentucky be 7
-amended to read as follows: 8
- Every citizen of the United States of the age of eighteen years who has resided in 9
-the state one year, and in the county six months, and the precinct in which he or she 10
-offers to vote sixty days next pr eceding the election, shall be a voter in said precinct and 11
-not elsewhere. No person who is not a citizen of the United States shall be allowed to 12
-vote in this state. The following persons also shall not have the right to vote: 13
- 1. Persons convicted in any court of competent jurisdiction of treason, or felony, 14
-or bribery in an election, or of such high misdemeanor as the General Assembly may 15
-declare shall operate as an exclusion from the right of suffrage, but persons hereby 16
-excluded may be restored to their civil rights by executive pardon. 17
- 2. Persons who, at the time of the election, are in confinement under the 18
-judgment of a court for some penal offense. 19
- 3. Persons determined by a court of competent jurisdiction to be mentally 20
-incompetent to vote, when that judicial determination has not been set aside [Idiots and 21
-insane persons]. 22
-Section 3.   This amendment shall be submitted  to the voters of the 23
-Commonwealth for their ratification or rejection at the time and in the manner provided 24
-for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 4 and 5 25
-of this Act. 26
-Section 4.   Notwithstanding any provision of KRS 118.415 to the contrary, the 27
-UNOFFICIAL COPY  26 RS BR 1470
-Page 2 of 2
-XXXX   1/9/2026 12:38 PM  Jacketed
-Secretary of State shall cause the entirety of the question in Section 1 of this Act and the 1
-entirety of the proposed amendment to the Constitution of Kentucky contained in Section 2
-2 of this  Act to be published at least one time in a newspaper of general circulation 3
-published in this state, and shall also cause to be published at the same time and in the 4
-same manner the fact that the amendment will be submitted to the voters for their 5
-acceptance or rejection at the next regular election at which members of the General 6
-Assembly are to be voted for. The publication required by this section and KRS 118.415 7
-shall be made no later than the first Tuesday in August preceding the election at which 8
-the amendment is to be voted on. 9
-Section 5.   Notwithstanding any provision of KRS 118.415 to the contrary, the 10
-Secretary of State, not later than the second Monday after the second Tuesday in August 11
-preceding the next regula r election at which members of the General Assembly are to be 12
-chosen in a year in which there is not an election for President and Vice President of the 13
-United States, or not later than the Thursday after the first Tuesday in September 14
-preceding a regular election in a year in which there is an election for President and Vice 15
-President of the United States, shall certify the entirety of the question in Section 1 of this 16
-Act and the entirety of the proposed amendment to the Constitution of Kentucky 17
-contained in Section 2 of this Act to the county clerk of each county, and the county clerk 18
-shall have the entirety of the question and the amendment, as so certified, indicated on 19
-the ballots provided to the voters in paper or electronic form as applicable to the voting 20
-machines in use in each county or precinct. 21
+Page 1
+Local Government Mandate Statement
+Kentucky Legislative Research Commission
+2026 Regular Session
+
+Part I:  Measure Information
+
+Bill Request #: 1470 Bill #: SB 79
+Document ID #: 3063 Sponsor: Sen. Julie Raque Adams
+Bill Title: AN ACT proposing an amendment to Section 145 of the Constitution of
+Kentucky relating to persons entitled to vote.
+
+Unit of ☐ City ☒ County ☒ Urban-County
+Government: ☒ Charter County ☒ Consolidated Local ☒ Unified Local
+
+Office(s) Impacted: County Clerks
+
+Requirement: ☒ Mandatory ☐ Optional
+
+Effect on Powers
+& Duties:
+
+☒ Modifies Existing ☐ Adds New ☐ Eliminates Existing
+
+Other Fiscal Statement(s)
+that may exist:
+☐ Actuarial Analysis ☐ Corrections Impact
+☐ Health Benefit Mandate ☐ State Employee Health Plan
+
+Part II:  Bill Provisions and the Estimated Fiscal Impact Relating to Local Government
+
+If ratified by voters, SB 79 would amend Section 145 of the Constitution of Kentucky to
+prohibit persons from voting who are determined to be mentally incompetent by a court
+of competent jurisdiction.
+
+The costs of SB 79 to local governments due to adding a constitutional amendment
+to a ballot would be minimal.
+
+Section 256 of the Kentucky Constitution specifies that constitutional amendments are
+only added to the ballot for the general election in even-numbered years (“next general
+election for members of the House of Representatives”). Therefore, the constitutional
+amendment would be submitted to the voters in November, 2026.
+
+Balloting and publishing proposed constitutional amendments is a regular duty of county
+clerks, paid for by the county fiscal court.  According to information received in early 2020
+from Harp Enterprises, a vendor which provides electronic voting machines to almost 100
+
+Page 2
+Kentucky counties, there are additional programming costs associated with adding a new
+category (local option questi on or constitutional amendment) to the ballot on an already
+scheduled statewide election.  For example, the cost to add a new category to the ballot for
+Lexington-Fayette Urban County Government, with 286 precincts, has recently been
+estimated at between $ 3,500 and $4,500, and for Franklin County, with 44 precincts, the
+cost has been estimated at between $1,700 and $2,500.
+
+Ballot printing costs are also a factor in election expenses. If the proposed amendment
+results in additional pages needed for the ballot, that would be an additional cost to the
+county clerk’s office.
+
+Data Source(s): LRC Staff; Harp Enterprises
+
+Preparer: JB Reviewer: BW (MDA) Date: 2/12/26