In Kentucky, legislatively referred amendments are the only form of statewide direct democracy available. A proposed amendment—including its full text—must be submitted to voters at the next general election for members of the House of Representatives. The legislature may draft the ballot question, but it must be calculated to inform the electorate of the substance of the amendment. Kentucky law contemplates judicial review after the election, but it does not explicitly provide for judicial review of ballot language before the election.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Kentucky
Kentucky does not have statewide initiatives or veto referendums but has legislatively referred amendments.
X Initiatives – Statutory
X Initiatives – Constitutional
X Veto Referendums
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the legislature must be approved by Kentucky voters. Ky. Const. § 256.
Election Timing
A proposed amendment is submitted to voters after it is approved by a 3/5 vote of all members elected to each house of the legislature. Ky. Const. § 256. It is submitted at the next general election for members of the House of Representatives, which must take place at least 90 days from the final passage of the underlying legislative resolution. Id.
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for a proposed amendment must contain the following.
- Full text of the proposed amendment. See Const. § 256.
- Ballot question “in a manner calculated to inform the electorate of the substance of the amendment.” Ky. Rev. Stat. Ann. § 118.415(1)–(3).
- The question may be drafted by the General Assembly. If the General Assembly does not formulate the ballot question, the Attorney General must do so. sub. (2).
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The Secretary of State must publish the proposed amendment, the ballot question, and the election date in one newspaper of general circulation not later than the second Monday after the second Tuesday in August preceding the election. Ky. Const. § 257; Ky. Rev. Stat. Ann. § 118.415(3).
Voter Information Pamphlet
- Kentucky law does not require a state voter information pamphlet for ballot measures.
JUDICIAL REVIEW
When and how can the court step in?
Kentucky law provides for post-election challenges pertaining to constitutional amendments by any elector who voted on the amendment. Ky. Rev. Stat. Ann. § 120.280(1). Challenges must be filed in Franklin Circuit Court within fifteen days after the election results are returned. Id. Kentucky’s provisions on constitutional amendments do not explicitly provide for judicial review of ballot language before the election, but review may be available under other channels.
Sample cases: Westerfield v. Ward, 599 S.W.3d 738, 743–44, 751–52 (Ky. 2019) (invalidating a “Marsy’s Law” constitutional amendment that had been adopted where the full text of the amendment was omitted from the ballot and the pre-election publication, in a case that was originally brought in advance of the election). See also Ward v. Westerfield, 653 S.W.3d 48, 51–58 (Ky. 2022) (finding an absence of taxpayer standing in pre-election challenge where petitioners did not contend they misunderstood the contents of the ballot question or that they were personally impacted by the substantive provisions of the subsequent Marsy’s Law amendment).