Senate committee OKs rights restoration bill
The Senate State and Local Government Committee on Wednesday OKd a voting rights restoration bill at the Capitol Annex in Frankfort.
FRANKFORT — Legislation proposing an amendment to the Kentucky Constitution that would automatically restore voting rights to certain felons was advanced Wednesday by the Senate State and Local Government Committee.
Sen. Jimmy Higdon, R-Lebanon, and Sen. Keturah J. Herron, D-Louisville, are cosponsoring Senate Bill 80. Higdon said the bill was passed by the Senate in 2020, but was sidelined in the House that year due to the COVID-19 pandemic.
This year’s bill – if successful in its attempt to amend the constitution – would restore voting rights to felons once they have completed a prison sentence, probation or parole. It includes exceptions for people convicted of election fraud, a violent felony offense, a felony sexual offense or criminal offense against a child.
“When a felon has served their time, served their probation period, this bill would automatically give them their voting rights back, not their ability to hold office, but their ability to vote,” Higdon said.
Herron said she has learned from Higdon that she must trust the process when dealing with legislation. Some people don’t think the bill goes far enough to restore rights, but it’s a step in the right direction, she said.
“I think that this is a bill that we can get passed out of the Senate, and you know, we will do what we need to do after it moves through this process. But I fully support this version of the bill to move it along,” she said.
If SB 80 is adopted into state law, the amendment to the constitution would still require ratification on the ballot from Kentucky voters.
Nicole D. Porter, senior director of advocacy for The Sentencing Project, testified in favor of restoration of rights, but said a clean approach to expanding voting rights to everyone with felony convictions is the most straightforward path.
“Voting is fundamental to expressing civic involvement and community belonging and is a pathway to public safety,” she said. “The Sentencing Project supports Senate Bill 80, but we do recommend that there are amendments that bring it in line with our position.”
Sen. Scott Madon, R-Pineville, said he has helped many people try to get their rights restored. He asked Higdon how clerks will know if someone can be registered or not.
Higdon said that if the proposed amendment is ratified, the general assembly will then pass accompanying legislation to implement the process and provide ground rules for clerks and citizens.
Senate Minority Whip Cassie Chambers Armstrong, D-Louisville, said there is a pathway through expungement to get voting rights back, but it’s very cumbersome and people must go through a legal process.
She asked Higdon if this is a fair characterization. He said it is, but with expungement, the right to own and carry a gun can also be restored. He also said the governor could grant a pardon to give someone back their voting rights.
Armstrong said she favors the bill.
“Thank you both for this legislation. I think this could maybe be the most consequential thing that we pass this session, or among them, because I do believe that giving folks the right to vote is so foundational to our democracy. I think it’s really important work,” she said.
