What is a constitutional amendment in Kentucky and why you should care

Yes, there’s a presidential race on the ballot this November. Yes, and the vast majority of Kentucky’s state legislature seats are also on the ballot. 

Oh, and yes, there are also scores of local school board races across the state. Maybe some other local races or decisions, depending on where you live.

But we really need to discuss another thing on the ballot: the constitutional amendments. 

Yes, plural. Let’s discuss. 

 

What is a constitutional amendment?

It is basically … exactly what it sounds like.

A constitutional amendment is something that changes Kentucky’s state constitution. 

Constitutional amendments go on the ballot in November for voters across the state to vote on. Like anything else, if a majority of voters say yes, it passes — therefore, in this case, changing the state constitution. 

 

How does a constitutional amendment get on the ballot in Kentucky?

State lawmakers — so, the 138 members of Kentucky’s House and Senate — vote on the concept of a potential constitutional amendment proposal like they would any other bill. 

There are, however, some additional measures when it is a constitutional amendment vs. a regular bill. State law requires three-fifths of each chamber to vote yes before sending an amendment to the voters, instead of the normal simple majority of each chamber. (So, for example, you would need 60 of the House’s 100 seats rather than 51.)

Once both sides of the legislature agree on a proposed amendment, it goes straight to the Secretary of State. Unlike normal pieces of legislation, Kentucky’s governor doesn’t get to veto a constitutional amendment. 

From there, it goes on the ballot, where voters across the state can vote on whether or not they want to alter their state constitution like that.

 

Are there any constitutional amendments on Kentucky’s ballot in 2024?

Yes, actually, there are two. 

Much like in 2022, when there were also two constitutional amendments, everyone is lowkey forgetting about the first one while eyeing the second one. 

This year, Kentucky voters will decide on whether or not non-citizens can vote in elections (a situation that already isn’t happening) and whether or not public tax dollars can go to schools outside of the current public school system (as you may know, this is the one getting all the attention). 

 

Briefly, what is Amendment 1 in Kentucky in 2024?

The proposed Amendment 1 would formally block non-citizens from voting in elections in the state.

As noted above, this isn’t really happening in Kentucky. Secretary of State Michael Adams has said before this isn’t happening. So have other Republicans. 

But those in favor of Amendment 1 say it is a precautionary measure, you know, just in case. 

 

Again, briefly, what is Amendment 2 in Kentucky in 2024?

Amendment 2 is the one you’re probably more familiar with. It is better known as the “school choice” amendment.

It asks if you’re OK with public tax dollars going to private schools (including religious ones) and/or charter schools, which are technically public but are operated differently than your normal public school. 

Amendment 2 does not specifically create charter schools or vouchers/tax credits for private schools. It does, however, give the GOP-dominated legislature clearance to “provide financial support for the education of students outside the system of common schools.”

Where can I read the full text of this year’s constitutional amendments?

You can read the full text on the Secretary of State’s website.

The text of both amendments should also be on your mock ballots when those are released closer to Election Day.