Kentucky Senate passes bill allowing voting rights restoration of certain felons

FRANKFORT — The state Senate passed a bill Thursday seeking a constitutional amendment to restore the voting rights of certain felons after they have completed their sentences.

Kentucky is one of the few remaining states to strip the voting rights of individuals convicted of a felony, which can be restored only through an executive order by the governor.

Sponsored by Sen. Jimmy Higdon, R-Lebanon, Senate Bill 62 would amend the state constitution to allow felons to have their voting rights restored after serving their full sentence, as long as they were not convicted of treason, sex crimes, violent crimes or crimes against children.

While the original version of SB 62 filed by Higdon would have automatically restored these rights five years after the felon's sentence was completed, the version of the bill passed by the Senate Thursday would leave it up to the General Assembly to determine how voting rights would be restored and if this would include a waiting period.

SB 62 passed by a 29-7 vote and now heads to the House. If approved with 60 votes in that chamber, it would be placed on the ballot in November for voters to decide.

News:Kentucky Democrats call for Republican state senator to resign after 'homophobic remarks'

Shortly after he took office in December, Gov. Andy Beshear restored the voting rights of about 140,000 felons through an executive order, fulfilling his campaign pledge.

However, voting rights advocates want this to extend automatically to former felons going forward, and not rely on the whims of individual governors.

Sen. Reginald Thomas, D-Lexington, voted against the bill, saying it did not go far enough and should have enshrined an automatic restoration of voting rights after a felony sentence has been completed, noting that Democratic legislators have tried to pass such an amendment for the past 25 years.

Also voting against the bill was Sen. Morgan McGarvey, D-Louisville, who said it did not clearly define which violent offense would make someone ineligible to have their rights restored.

McGarvey added that he feared the language of the bill could undo parts of the executive orders signed by Beshear in December, which "could remove more voting rights than it will restore."

Higdon said while SB 62 is "not a perfect bill," the House may further amend it and send it back to the Senate for approval.

Also:Constitutional change could 'uncuff' Kentucky lawmakers on local taxes, advocates say

Reluctantly voting for the bill was Senate Minority Floor Leader Damon Thayer, who said he preferred when it had a five-year waiting period for voting rights to be restored.

Thayer added he hopes the House puts waiting periods back into the bill, perhaps with various lengths based on the type of felony conviction.

Amber Duke, the spokeswoman for the ACLU of Kentucky, said the organization cannot support the bill in its present form.

"Ultimately, we don’t think anyone should ever lose their right to vote," Duke stated in an email. "If that’s going to happen, we believe a person should be fully restored once they’ve served their time — no additional waiting periods or restrictions."

Reach reporter Joe Sonka at jsonka@courierjournal.com or 502-582-4472 and follow him on Twitter at @joesonka. Support strong local journalism by subscribing today: courierjournal.com/subscribe.