Simone Lawson
Kentucky's proposed Constitutional Amendment 2, also known as the Allow State Funding for Non-Public Education Amendment, has sparked intense debate among Kentuckians. The amendment seeks to allow state funding for students' education outside the public school system, including private and charter schools. This proposal has raised concerns about the potential diversion of resources from public schools, the lack of clarity on the implications for the state budget, and the impact on the state's commitment to providing equitable access to quality public education for all. Amendment 2 is a response to Kentucky's failed attempt at implementing a private school voucher program, and it has attracted significant attention in the upcoming election.
| Characteristics | Values |
|---|---|
| Number of Amendments | 2 |
| Amendment 1 | Prohibit non-US citizens from voting in Kentucky |
| Amendment 1 Section | 145 and 155 |
| Amendment 2 | Allow state funding for non-public education |
| Amendment 2 Section | 59, 60, 171, 183, 184, 186, and 189 |
| Year | 2024 |
| Date | 5 November |
| Amendment 1 Status | Passed |
| Amendment 2 Status | Defeated |
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What You'll Learn
Non-citizen voting rights
Kentucky's proposed Constitutional Amendment 1 focuses on non-citizen voting rights. The amendment seeks to prohibit anyone who is not a US citizen from voting in Kentucky by adding the following line to Sections 145 and 155 of the state's constitution: "No person who is not a citizen of the United States shall be allowed to vote in this state." The full text of the proposed amendment reads:
> "IT IS PROPOSED THAT SECTION 145 OF THE CONSTITUTION OF KENTUCKY BE AMENDED TO READ AS FOLLOWS: Every citizen of the United States of the age of eighteen years who has resided in the state for one year, and in the county for six months, and the precinct in which he or she offers to vote sixty days next preceding the election, shall be a voter in said precinct and not elsewhere. No person who is not a citizen of the United States shall be allowed to vote in this state. The following persons shall not have the right to vote: 1. Persons convicted in any court of competent jurisdiction of treason, felony, bribery in an election, or such high misdemeanour as the General Assembly may declare shall operate as an exclusion from the right of suffrage, but persons hereby excluded may be restored to their civil rights by executive pardon."
While federal law already makes it a criminal offence for non-citizens to vote in presidential elections, and Kentucky requires registered voters to be US citizens, this amendment seeks to explicitly deny non-citizens the right to vote at the state level. This amendment is one of two that appeared on the ballot in Kentucky during the 2024 General Election, the other being Amendment 2, which proposed allowing state funding for non-public education.
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Changes to legislative session dates
Kentucky's proposed Constitutional Amendment 1, which concerns changes to legislative session end dates and special sessions, was introduced in 2022. The amendment would have repealed sections 36, 42, and 55 of the Legislative Department article of the state constitution and replaced them with two new sections.
Supporters of the amendment, such as Jim Waters, president and chief executive officer of the Bluegrass Institute for Public Policy Solutions, argued that it would balance the power between the governor and the state legislature when addressing crises like the COVID-19 pandemic. Waters acknowledged that the amendment would give legislators more days to meet but claimed that this was necessary to counter Governor Beshear's "heavy-handed approach" to managing the pandemic.
Opponents of the amendment, including Governor Beshear himself, argued that it would give too much power to the legislature, allowing it to call itself into session to overturn executive branch decisions. The League of Women Voters of Kentucky also weighed in, expressing their belief that democratic government depends on informed and active participation at all levels and that governmental bodies must protect citizens' rights by providing adequate notice of proposed actions and making public records accessible.
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State funding for non-public education
Kentucky Constitutional Amendment 2, also known as the "Allow State Funding for Non-Public Education Amendment," was on the ballot in Kentucky on November 5, 2024, as a legislatively referred constitutional amendment. The amendment would have allowed for laws to provide state funding for non-public education, including private and charter schools.
The ballot measure would have added a new section to the Kentucky Constitution, stating that the General Assembly may provide financial support for the education of students outside the system of common schools. This would have been done by law, notwithstanding Sections 59, 60, 171, 183, 184, 186, and 189 of the Constitution. The amendment's language allowed lawmakers to disregard these seven key sections of the constitution in their efforts to fund education outside the public school system.
Proponents of the amendment may have argued that it would have given parents more choices and allowed them to send their children to private or charter schools with state funding. This could have been especially beneficial for families who could not otherwise afford the tuition for these schools.
However, the amendment faced opposition from groups such as the Council for Better Education. Their spokesperson, Tom Shelton, argued that the amendment would divert much-needed resources from public schools, compromising the quality of education available to all children in the state. He also raised concerns about the lack of transparency and accountability standards for private institutions compared to public schools. State Sen. Cassie Chambers Armstrong (D-19) shared similar worries, fearing that the amendment would take away funding from public schools and give it to private schools, potentially harming the equitable access to education for all Kentucky students.
The amendment was defeated, indicating that voters agreed with these concerns and chose to maintain the status quo of state funding for public education only.
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School district election regulations
Kentucky's proposed Constitutional Amendment 1 focuses on prohibiting anyone who is not a US citizen from voting in the state. The ballot measure proposes to amend Sections 145 and 155 of the Constitution of Kentucky, which would add the following line: "No person who is not a citizen of the United States shall be allowed to vote in this state." This amendment reaffirms the existing federal law that already makes it a criminal offence for non-citizens to vote in presidential elections.
Now, let's focus specifically on the implications for school district election regulations. The provisions of Sections 145 to 154, inclusive, do not apply to the election of school trustees and other common school district elections. These elections will be regulated by the General Assembly, except where otherwise specified in the Constitution. This means that the election of school trustees and other school district elections will fall under the purview of the General Assembly's regulatory authority, allowing them to establish specific rules and guidelines for these elections.
It's worth noting that there is also Constitutional Amendment 2, which could change where public tax dollars are allotted for education. This amendment, if passed, would have allowed for state funding for non-public education, potentially diverting funds from public schools to private or charter schools. However, this amendment was defeated, maintaining the current commitment to allocate tax dollars to public schools.
While the primary focus of Constitutional Amendment 1 is on voting rights for US citizens, the impact of Constitutional Amendment 2 being defeated maintains the status quo for school district elections in terms of funding allocation. The defeat of Amendment 2 ensures that public funds continue to be dedicated solely to public schools, upholding the principle of equitable access to education for all students within the state.
In summary, Constitutional Amendment 1, which focuses on voting rights, will have indirect implications for school district elections by establishing the regulatory authority of the General Assembly. Meanwhile, the defeat of Constitutional Amendment 2 ensures that public tax dollars continue to be allocated exclusively to public schools, preserving the current funding structure for school districts in Kentucky.
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Governor's executive powers
Kentucky's proposed Constitutional Amendment 1, which was on the ballot in the 2024 General Election, focuses on prohibiting anyone who is not a US citizen from voting in the state. The amendment would have added a line to Sections 145 and 155 of the state's constitution, stating: "No person who is not a citizen of the United States shall be allowed to vote in this state." While this amendment specifically targets non-US citizens, it is important to note that federal law already makes it a criminal offence for non-citizens to vote in presidential elections, and Kentucky requires registered voters to be US citizens.
Amendment 1 has sparked discussions about the balance of power between the governor and the state legislature. Supporters of the amendment, like Jim Waters, president and CEO of the Bluegrass Institute for Public Policy Solutions, argue that it would balance the power between the two entities when addressing crises such as the COVID-19 pandemic. Waters criticised Governor Andy Beshear's approach to managing the pandemic, including his decision to lock down the state and interfere with local school districts' decision-making.
On the other hand, Governor Beshear expressed concern about the legislature gaining more power to call itself into session and potentially overriding executive branch decisions. The League of Women Voters of Kentucky emphasised the importance of informed and active participation in government at all levels and advocated for transparency in proposed actions, open meetings, and accessible public records.
While Amendment 1 deals with voting rights, Kentucky's Constitutional Amendment 2, which was also on the ballot in 2024, addresses education funding. This amendment proposed allowing state funding for non-public education, potentially diverting taxpayer dollars from public schools to private or charter schools. Opponents of Amendment 2 argued that it would compromise the quality of education, erode the principle of equitable access, and have far-reaching consequences for the state's public education system.
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Frequently asked questions
Kentucky's proposed Constitutional Amendment 1 would prohibit non-US citizens from voting in Kentucky.
Kentucky's proposed Constitutional Amendment 2 would allow state funding for non-public education.
Those in favour of the amendment argue that it would balance the power between the governor and the state legislature. Opponents of the amendment believe that it would divert funding from public schools, compromising the quality of education available to children in the state.
