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Bill Summary · SB 79

SB 79 (2026RS) — Summary

Purpose

  • Proposes an amendment to Section 145 of the Kentucky Constitution to clarify that persons adjudged mentally incompetent by a court are ineligible to vote.

Key provisions

  • Amends Section 145 to state that:
    • Any U.S. citizen aged 18 or older who has established residency requirements (1 year in the state, 6 months in the county, and 60 days in the precinct before voting) is a eligible voter in that precinct.
    • Disqualifications for voting include:
    • Non-citizens (cannot vote in Kentucky).
    • Persons convicted in a competent court of treason, a felony, bribery in an election, or “such high misdemeanor as the General Assembly may declare” (with civil rights restorations possible via executive pardon).
    • Persons who, at the time of the election, are confined under judgment of a court for a penal offense.
    • Persons determined by a court to be mentally incompetent to vote, when such determination has not been set aside. (The language explicitly notes the historical terms “Idiots and insane persons” as part of the drafting.)
  • Section 3 and 5 lay out the process for constitutional amendment submission and required timing for publication and ballot certification.

Submission and timeline

  • Ballot submission: The amendment would be submitted to voters in the next general election after ratification, per existing constitutional and statutory procedures (Sections 256 and 257, KRS 118.415, and related sections).
  • Publication timing: The Secretary of State must publish the full text of the proposed amendment no later than the first Tuesday in August preceding the election at which the amendment will be voted on.
  • Ballot certification: The Secretary of State must certify the amendment to county clerks no later than the specified deadlines relative to the election cycle, so that county clerks can display the question on ballots (paper or electronic).

Affected entities and practical impact

  • Local governments and election administration:
    • County clerks: Responsible for publishing, certifying, printing, and incorporating the ballot language; minor administrative costs anticipated.
    • Elections equipment vendors and counties: Potential additional programming and ballot printing costs to accommodate a new constitutional amendment question on the ballot (estimates provided from prior experiences show a range of a few thousand dollars for larger and smaller counties: e.g., Lexington-Fayette Urban County Government and Franklin County examples cited).
  • Voters:
    • If ratified, would codify that persons adjudged mentally incompetent by a court are ineligible to vote in Kentucky elections.
    • The amendment maintains existing eligibility criteria such as age, residency, citizenship, and other disqualifications (treason, felony, bribery, certain high misdemeanors as declared by the General Assembly, and ongoing confinement for penal offenses).

Fiscal considerations

  • Local government impact: Described as minimal beyond standard ballot publication, printing, and any minor ballot-composition changes.
  • No state-level fiscal impact is specified beyond local election administration costs.

Administrative notes

  • The bill is labeled an “unofficial copy” and reflects a proposed constitutional amendment rather than a statute.
  • Sponsor: Sen. Julie Raque Adams
  • First introduced: January 13, 2026
  • Committee path indicated: Committee on Committees (S)

Bottom line

SB 79 aims to enshrine in the Kentucky Constitution the prohibition on voting by persons determined by a court to be mentally incompetent, aligning constitutional language with other voting eligibility criteria and establishing the procedural steps for placing the amendment on the ballot in November 2026. Local clerks would administer the amendment’s publication and ballot placement with modest anticipated election-related costs.

Compiled from official sources — confirm details with the bill’s official record.

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