AN ACT proposing to amend Section 145 of the Constitution of Kentucky relating to persons entitled to vote.
Summary
HB246 is a proposed constitutional amendment to Section 145 of the Kentucky Constitution concerning who is eligible to vote. The bill would revise the existing disqualification language to state that persons “adjudged mentally incompetent by a court” are not entitled to vote, replacing older wording that referred to “idiots and insane persons.” The measure also includes the ballot question that would be presented to voters asking whether they favor this change.
In addition to the substantive constitutional change, the bill sets out the procedures for placing the amendment before the electorate. It directs the Secretary of State to publish the full question and proposed amendment in a newspaper of general circulation and to certify the amendment language to county clerks for inclusion on ballots at the next regular election for members of the General Assembly, following the timing rules specified in the bill.
Impact
If adopted by voters, HB246 would amend Kentucky’s constitution to modernize and clarify the voting disqualification tied to mental incapacity, replacing outdated terminology with a court-adjudication standard. The change would affect Section 145 of the Kentucky Constitution and the election administration statutes governing publication, certification, and ballot placement of constitutional amendments, including KRS 118.415 and related provisions referenced in the bill. The practical effect would be to continue excluding from voting only those persons formally adjudged mentally incompetent by a court, while updating the constitutional text to reflect current legal language.
Sentiment
There is no recorded committee transcript or vote history in the provided materials, so no formal legislative debate or recorded sentiment is available. Based on the text alone, the bill appears to be a technical and clarifying constitutional revision rather than a broad policy change. The framing suggests an effort to modernize language and align the constitution with current legal terminology and election procedures.
Contention
The main point of potential contention is the voting rights impact on people with mental disabilities or court findings of incompetence. Supporters would likely view the bill as a necessary update that replaces outdated and stigmatizing language with a more precise legal standard, while critics could focus on whether any categorical voting restriction tied to mental incompetence is appropriate or how courts determine incompetency. Because the bill is a proposed constitutional amendment, it would also require voter ratification, making public acceptance another possible point of debate.