A RESOLUTION congratulating the League of Women Voters on the occasion of the 90th anniversary of founding, and adjourning the House of Representatives in its honor:

WHEREAS,  the League of Women Voters was founded in 1920, mere months before the Nineteenth Amendment of the United States Constitution was ratified, and women across the nation gained the right of suffrage; and

WHEREAS,  the League of Women Voters is a grassroots organization. with affiliated Leagues in all 50 states, including the Commonwealth, as well as the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Hong Kong; and

WHEREAS, for 90 years, the League of Women Voters has supported a framework of government that is representative. accountable. and responsive to its citizens; and

WHEREAS, the League of Women Voters has adhered to a strict policy of nonpartisan action while simultaneously working to influence government policy at all levels through advocacy, and;

WHEREAS, the League of Women Voters has steadfastly maintained equality of all people, international cooperation, and responsible stewardship of our natural environment as some of its highest principles;  and

WHEREAS, over the course of nine decades, the League of Women Voters has played a vital civic education role in our nation because of its firm belief that a democracy can thrive only when its citizens are fully informed and participate enthusiastically in the political process; and

WHEREAS, in all these ways, the League of Women Voters has made the United States and this Commonwealth a better place to live for all of its citizens;

NOW, THEREFORE,

Be it resolved by the House of  Representatives of the General Assembly of the Commonwealth of Kentucky:

Section 1.  The menbers of the house of Representatives, both individually and collectively, thank the  League of Women Voters for its 90 years of service  to democatic ideals of civic participation and education, and congratulate the organization on its longevity.

Section 2.  When the House of Representatives adjourns this day, it does so in honor of the League of Women Voters.

Section 3.  The clerk of the House of Representatives is directed to transmit a copy of this Resolution to the Kentucky League of Women Voters, Suburban Park, Building D, Suite 103, 1009 Twilight Trail, Frankfort, Kentucky 40601.

I’m Teena Halbig, immediate past state President of the League of Women Voters of Kentucky. I am here today to represent the League. Additionally, as current state President of the KY Division of the Unites Nations Association and spokesperson, I want to let you knowthat we are part of the Coalition of Groups supporting the restoration of voting rights to former felons. Today is a great and exciting day when President Obama is addressing and visiting the United Nations General Assembly. He will also be the first sitting US President to Chair a UN Security Council meeting.
In the League’s seven page report (available at www.lwvlouisville.org) released in 2007 and entitled “Felony Disenfranchisement in the Commonwealth of KY.” The findings arre shocking: 1 in 4 African Americans can’t vote in KY versus nationally 1 in 12 and overall 1 in 17 versus 1 in 41 nationally. “In the US, nearly two million African Americans – or 8.25% of the African American population are disenfranchised, a rate 3 times the national average.” Note: statement from Felon Disenfranchisement & American Democracy 253 (Oxford Dictionary Press 2006). There is great concern about applicable human rights guarantees recognized under American Declaration of the Rights and Duties of Man, etc. Once again, Ky lags behaind all other states except Virginia for disenfranchisement of former felons.

80% of the population queried in a study wants rights restored. The League and UN Association asks for re-enfranchisement of former felons. The National Sentencing Project (for a decade had lead and advocated for reform at federal and state levels) reports an international momentum in “support of reform among treaty monitoring bodies at the UN and in jurisprudence in a number of countries.” Note: statement from September 21, 2009 Disenfranchisement news from the Sentencing Project.

The United Nations Human Rights Committee and others are documenting the impact of disenfranchisement policies. And in 1963 President John Kennedy founded the Lawyers Committee for Civil Rights Under Law (LCCRUL) to secure, through law, equal justice via pro bono help to represent vicims of discrimination and more. In 2005, No.2, 681, Eur.Ct.H.R. in Hirst v. United Kingdom, the European Court of Human Rights found the right to vote is indeed a right and not a privilege. Others found: “Foreign constitutional courts have found that the disqualification of prisoner from voting violates basic democratic principles.” #47. Denial via blanket voting ban on persons with various convictions does not serve a legitimate aim of the state and is disproportionate to the offence charged or sentence imposed.”

Basically, former felons don’t feel like part of society, lack self respect, one told me he wouldn’t even say the Pledge of Alliance. They are relegated to a civic isolation and deprived of a sense of collective identity and membership in the community.

The League Recommendations to enhance voting:
- A ballot measure to consider amending the KY Constitution so that people living in the community and who have completed their sentence have their voting rights restored automatically. Let the public vote on this issue.
- To inform prisoners about the process to apply and offer technical help with accessing records. Help them dot the i’s and cross the t’s as well as remembering to Sign the application!
- 3 months prior to completion of sentence, provide assistance (could be organizations helping or current employees).
- Public education by Sec. of State, Dept. of Corrections, Adm. Office of the Courts to tell former felons to also register to vote after rights are restored, etc.
- Having the number of voting resotration applications and number of those approved given by The Department of corrections, The Sec.of State’s Office and the Governor’s Office each year.

In conclusion, voting is the most fundamental expression of citizenship. Both LWV and UNA believe that every citizen of our commonwealth should be protected in the right to vote.
Thank you.

Every citizen of our Commonwealth should be protected in the right to vote and the LWV of KY believes the public needs to know about “AFFIDAVIT OF VOTER” and that they have the right to vote in any election – even if they have to fight to get to cast their vote on election day!

Former Kentucky League President Teena Halbig said, “The LWV knows voting is a fundamental right and that every voter’s right to cast a vote must be protected at all times!”  The League seeks to increase citizen participation in our nation’s democracy through voting.

Furthermore, since the 1990’s, if a voter tries to cast a ballot and it is “spoiled” or defaced or the machine is bad or they are unable to cast their ballot, the voter has the RIGHT TO GET A PAPER BALLOT.  And the same voter can vote on another machine and make such an attempt to cast their vote up to three times.

Provisional and Affadavit Information

Voters do have a mechanism of voting if (a) they did not change their address before the registration books closed or (b) if their qualifications to vote are otherwise challenged. They should be prepared to verify their identity and request to file an affidavit of voter. After submitting their affidavit swearing that they are qualified to vote, they should be permitted to vote.

KRS 116.085 – If voter fails to update his or her address before the registration books are closed, this statute permits voter to verify identity in the same manner as provided under KRS 117.227 (by personal acquaintance or verifying document) and file an affidavit of voter as provided under KRS 117.245 before voting.

KRS 117.245 – If voter’s registration is challenged, this statute permits the voter to tender an affidavit or oath of voter as to his qualifications to vote “before he is permitted to vote.” All oaths shall be investigated by the Commonwealth’s or county attorney for an investigation before the grand jury.

KRS 117.215 Procedure when [voting] machine becomes unusable — Backup voting machines or supplemental paper ballots for emergency use – If machine becomes unusable, voter to be given access to another machine or should be given supplemental paper ballot

KRS 117.385 Spoiled or defaced ballot card – Permits voter to request another ballot if 1st ballot is spoiled or defaced. Voter may receive no more than 3 ballots. Procedure for return of ballot card to precinct election officials.

The provisional voting regulation is promulgated under federal law and applies only when there is a federal election on the ballot –
Link to Provisional Voting Regulation: http://www.lrc.ky.gov/kar/031/006/020.htm