SB 264

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1AN ACT proposing an amendment to Section 29 of the Constitution of Kentucky
2 relating to citizen ballot initiatives.
3Be it enacted by the General Assembly of the Commonwealth of Kentucky:
4Section 1.       Are you in favor of amending the Constitution of Kentucky to
5 establish that citizens of this state can propose changes to the law through ballot
6 initiatives, provided the changes presented do not target a particular class of individuals,
7 as stated below?
8Section 2.      It is proposed that Section 29 of the Constitution of Kentucky be
9 amended to read as follows:
10(1)    The legislative power shall be vested in a House of Representatives and a
11 Senate, which, together, shall be styled the "General Assembly of the Commonwealth of
12 Kentucky[.]"; but the people reserve to themselves the initiative power to propose laws
13 and to enact or reject the same at the polls independent of the General Assembly.
14(2)    The initiative power of the people may be invoked by petition that contains
15 the proposed measure set forth at length and signatures of at least two percent of the
16 population of this State as established by the most recent decennial census of the
17 United States. Initiative petitions shall contain only one subject, and cannot target a
18 particular class of individuals.
19(3)    The initiative petition shall be filed with the Secretary of State, and the
20 Secretary of State shall submit the measure to the voters of the State at the next regular
21 election.
22(4)    Any measure submitted by initiative to the voters shall become law when
23 approved by a majority of the voters at the regular election.
24(5)    If conflicting measures are approved by a majority of the votes severally cast
25 for and against the measures at the same election, the measure receiving the highest
26 number of affirmative votes shall become law.
27(6)    The veto power of the Governor shall not extend to measures reserved to the
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1 people under this section.
2(7)     The General Assembly may provide by general law procedures to facilitate
3 and safeguard the initiative power of the people, but not to hamper, restrict, or impair
4 this power.
5Section 3.  This amendment shall be submitted to the voters of the
6 Commonwealth for their ratification or rejection at the time and in the manner provided
7 for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 4 and 5
8 of this Act.
9Section 4. Notwithstanding any provision of KRS 118.415 to the contrary, the
10 Secretary of State shall cause the entirety of the question in Section 1 of this Act and the
11 entirety of the proposed amendment to the Constitution of Kentucky contained in Section
12 2 of this Act to be published at least one time in a newspaper of general circulation
13 published in this state, and shall also cause to be published at the same time and in the
14 same manner the fact that the amendment will be submitted to the voters for their
15 acceptance or rejection at the next regular election at which members of the General
16 Assembly are to be voted for. The publication required by this section and KRS 118.415
17 shall be made no later than the first Tuesday in August preceding the election at which
18 the amendment is to be voted on.
19Section 5. Notwithstanding any provision of KRS 118.415 to the contrary, the
20 Secretary of State, not later than the second Monday after the second Tuesday in August
21 preceding the next regular election at which members of the General Assembly are to be
22 chosen in a year in which there is not an election for President and Vice President of the
23 United States, or not later than the Thursday after the first Tuesday in September
24 preceding a regular election in a year in which there is an election for President and Vice
25 President of the United States, shall certify the entirety of the question in Section 1 of this
26 Act and the entirety of the proposed amendment to the Constitution of Kentucky
27 contained in Section 2 of this Act to the county clerk of each county, and the county clerk
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1 shall have the entirety of the question and the amendment, as so certified, indicated on
2 the ballots provided to the voters in paper or electronic form as applicable to the voting
3 machines in use in each county or precinct.
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