Building a Healthy Democracy!
A Look at KFTC’s Work to Expand and
Protect Voting Rights in the 2014
Kentucky General Assembly
Democracy! We Love It!
• KFTC’s work is rooted in empowering people to
help elevate the voices of those too often ignored
by the system, including by encouraging them to
take part in elections.
• Our work with allies have built momentum in a
campaign to ensure that more Kentuckians
fundamental right to vote is protected!
• Success in our campaign would buck a worrying
national trend towards making it more difficult
for people to vote.
A Brief History of Voting Rights in
Kentucky
• Kentucky has had four constitutions since our founding
1792, and countless changes to our voter
enfranchisement laws.
• Kentucky had before 1792 been part of Virginia, and as
a result we inherited many of their voting
requirements in our initial constitution.
• Our first constitution was progressive by the standards
of the day. Any free men 21 or older could vote, with
no stipulation that you had to own land or other
property. You also had to live in the United States at
least 2 years, and one year in the Commonwealth of
Kentucky.
History of Kentucky Voting Rights
continued…
• Our 2nd constitution took a step back. It’s
adoption in 1799 removed the right to vote to
resident aliens, free “negroes, mulattoes and
Indians”.
• 1838 Kentucky becomes one of the first states to
allow women are allowed to vote in School Board
elections.
• Kentucky’s 3rd constitution in 1850 specifies a
person must be “white” to be able to vote,
instead of enumerating races that could not vote.
Kentucky Voting Rights, continued
some more
• In 1851 Kentucky began disenfranchising ALL former felons for
life. Until then the law was clear, and the legislature did not
actively seek to disenfranchise former felons for their crimes as
often
• 1869 the 15th Amendment was adopted. African-Americans
could vote, according to the federal constitution.
• Beginning of Jim Crow, which sped up with reentry of former
confederate states back into the union. Poll taxes, grandfather
clause, and literacy tests were thinly veiled attempts to keep
African-Americans from voting.
• Many southern states also rewrote criminal punishments to
create longer penalties for African-Americans, and
disenfranchisement of former felons became more common
throughout the country (especially the south)
Kentucky’s History of Voting Rights,
Final Slide
• 1888, Kentucky one of first states to introduce “Australian
Ballot”, which we still have. Private ballot makes vote
buying and voter coercion more difficult.
• 1891 Kentucky’s current constitution ratified. Reduces time
person has to live in state to be able to vote.
• 1920 -> Women win right to vote via 19th Amendment.
• Indian Citizenship Act of 1924 extends citizenship to all
non-Citizen Indians born within the United States.
• Kentucky allows 18-20 year olds to vote in 1955, 16 years
before the 26th amendment.
• Voting Rights Act of 1965 signed into law, and dismantles
some of the most egregious Jim Crow practices.
Where does KFTC come in?
• In 2004, Kentuckians For The Commonwealth
in Lexington began working to protect
LexTran. As a result, KFTC members registered
and did voter turnout throughout Lexington,
with a special emphasis on the impacted
north side.
• Central Kentucky members were dismayed at
the number of people in their communities
unable to vote, and KFTC began our statewide
voting rights campaign.
How bad is it?
• We now know that Kentucky has the third highest
rate of mass disenfranchisement, with over 7
percent of all Kentuckians unable to vote. Or,
roughly, 1 in every 17 Kentuckians does not have
the right to vote.
• Over 20 percent of African-Americans in Kentucky
do not have the right to vote, the highest
disenfranchisement rate in the country
• This policy removes over 243,000 Kentuckians
from having a say in so-called “representative
government.”
There’s more?!?
• Governor Beshear may have streamlined the
process, but the process is left entirely up to
the governor. This means a new governor in
2016 can make it easier or harder for former
felons to be able to vote.
• Many who apply for voting rights never hear
back if their application was granted or
denied, and there is no way to formally track
the progress.
Benefits of Voting Rights
• By changing the policy, we could empower
nearly a quarter of a million people to have a
say in what their government is doing.
• Studies have shown that former felons who
vote are half as likely to recidivate.
• These citizens pay taxes like the rest of us, and
yet are denied the right to representation.
Former Felons Speak Out
• Let’s hear from Teddi!
• Questions for Teddi? Reflections on her story?
Your Story is Powerful!
• Many people are involved in this campaign
because they have been impacted, and it’s
important that people hear these stories.
• Not everyone’s reason for caring about this issue
is because they are directly impacted, and it’s
important that those of us who are not former
felons develop our stories as well.
• These stories are important to relate to legislators
as well, and to encourage friends who are not
directly impacted to illustrate why they need to
get involved in the campaign as well.
Virginia’s Story!
• Why are you involved Virginia?
• How did you develop your story?
• Why do you think it’s important allies of
former felons speak up?
How do we get to our solution?
• House Bill 70, sponsored by Representative Jesse
Crenshaw, and Senate Bill 15, sponsored by
Senator Gerald Neal, both would change
Kentucky’s constitution to give voting rights back
to most former felons who have completed their
sentence.
• Because it is a constitutional amendment, it will
require both 60 percent of the votes in the State
House of Representatives and the State Senate,
AND a majority vote in the next general election
(November 4th 2014).
How do we do that?
• We have worked ….
And worked…
Seriously, how do we get there?
• … and worked on this issue. And through that we have
built up a lot of awareness and momentum.
• Polls in 2006 and 2013 (University of Kentucky and
Bluegrass Poll) each showed well over 50% of
Kentuckians support voting rights for former felons,
and opposition in the mid 30’s.
• We’ve seen more coverage in recent years on this
issue. Editorials, blogs, podcasts, and social media
show an increased awareness and desire to make this
happen.
• Both here and across the country, this policy has strong
support across party and ideological lines.
What broad based support?
• According to the Brennan Center, of the last 19 states
to lessen restrictions on voting for at least some former
felons, 16 occurred under states with either uniform
Republican or split Democratic/Republican control.
• We’ve had great meetings with key State Senators who
support this bill, including Senators like Alice ForgyKerr, Tom Buford, Dan Seum, and Brandon Smith.
• We have heard from State Senator Gerald Neal that
other State Senators across party lines have expressed
an interest in making this the year we pass a voting
rights amendment!
Potential Road Blocks
• There has been a desire among some
legislators to link this with voter id
restrictions. Either by trading one piece of
legislation for another, or by making stricter
voter identification part of the amendment
itself.
• These laws would make Kentucky’s existing
laws more stringent, and limit what would
constitute acceptable forms of voter
identification.
What is Kentucky’s Voter ID Law?
• In Kentucky, all voters must produce identification or
be known by a precinct officer prior to voting. Types of
ID that can be used by the voter include the personal
acquaintance of precinct officer, driver’s license, Social
Security card, credit card, any ID issued by the county,
or another form of ID containing both picture and
signature.
• During testimony over the summer, the Leslie County
Clerk was asked about his opinion about voter id laws,
and specifically about the personal acquaintance
clause. He expressed strong support to keep this
clause, and stated a bigger threat to Kentucky elections
is vote buying.
Potential Impact of Voter Identification
•
•
•
•
•
As many as 25% of African American citizens of voting age do not have a
government-issued photo ID, compared to only 8% of their white
counterparts, according to the American Civil Liberties Union.
18% of Americans over the age of 65 (or 6 million senior citizens) do not have
a government-issued photo ID, according to the ACLU.
In Pennsylvania, the state estimated that 9% of Pennsylvania residents would
be impacted by their new voter id law. However, this rate was as high as 1 in 3
residents in the city of Philadelphia and largely in precincts with a high
population of people of color and students according to the Azavea Journal in
2012.
An analysis by Reuters and the research firm Ipsos found that out of 20,000
voter interviews they conducted, those who lack valid photo ID tended to be
young people, those without college educations, Hispanics and the poor.
The Brennan Center for Justice estimates the impact of these new stricter
voter id laws nationwide could prevent up to 21 million people from voting.
What does this mean for voting rights?
• Any changes to Kentucky election laws, given low
turnout in recent years, should remove barriers from
our democracy, not create new ones. This starts with
House Bill 70/ Senate Bill 15.
• The issues of voter identification and voting rights for
former felons ought to be kept separate, as the two
impact separate groups of people.
• We and our allies have stated that we have
compromised quite a bit already to put House Bill 70
and Senate Bill 15 where it is now. A bipartisan
supermajority negotiated this bill several years ago,
and any further restriction would serve only to dilute
the bill.
What can I do to keep up the
momentum?
• Join us and bring friends on Wednesday, January
15th! Room 113 from 9-12:30, rally in the Capitol
Rotunda at 1.
• Join us at 50th Anniversary of Martin Luther King,
Jr.’s March on Frankfort! This will be March 5th
with lots of great allies and speakers.
• Call and write your legislators! (1-800-372-7181)
• Write a letter to the editor!