# 2024 Kentucky Amendment 2

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2024 :
Ballot measures
2004Amendment 1
2022Amendment 2
2024Amendment 2 :
Lexington
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vte :
2024 Kentucky Amendment 2 was a rejected legislatively referred amendment to the Kentucky Constitution, which was voted on as part of the 2024 Kentucky elections. If enacted, the amendment would have allowed the Kentucky General Assembly to fund charter schools.

## Text

   To give parents choices in educational opportunities for their children, are you in favor of enabling the General Assembly to provide financial support for the education costs of students in kindergarten through 12th grade who are outside the system of common (public) schools by amending the Constitution of Kentucky as stated below?
   IT IS PROPOSED THAT A NEW SECTION BE ADDED TO THE CONSTITUTION OF KENTUCKY TO READ AS FOLLOWS:
   The General Assembly may provide financial support for the education of students outside the system of common schools. The General Assembly may exercise this authority by law, Sections 59, 60, 171, 183, 184, 186, and 189 of this Constitution notwithstanding.

## Background

In 2021 the General Assembly passed a law awarding tax credits for donations to private schools. The law was struck down by the Kentucky Supreme Court in 2022 for violating provisions of the Constitution of Kentucky forbidding public funding of private education. The General Assembly passed a separate law in 2022 which would have allowed for the public funding of charter schools and the creation of two pilot schools, which was also declared unconstitutional by a Circuit Court judge in December 2023.

## Legislative history

Amendments to the Kentucky Constitution require 3/5 support in both houses of the General Assembly and a majority vote by referendum; they can not be vetoed by the governor. The amendment was first introduced on January 26 in the 2024 General Assembly as House Bill 2 by representative Suzanne Miles. The bill passed both houses and was voted on in November 2024. It was one of two constitutional amendments to be approved by both houses during the 2024 legislative session.

### House vote

The amendment was approved by the house on March 13 with 65 yeas, 32 nays, and one abstention. Representative Billy Wesley later modified his vote from nay to yea.
House of Representatives vote :
| Party | Party | Votes for | Votes against | Abstentions |
| | Democratic (20) | – | 20 | – |
| | Republican (78) | 65 | 12 Adam BowlingChris FugateKevin JacksonWilliam LawrenceDerek LewisScott LewisMichael MeredithSteve RileyKillian TimoneyTimmy TruettBilly WesleyNick Wilson | 1 Kim Banta |
| Total (98) | Total (98) | 65 | 32 | 1 |

### Senate vote

The amendment was approved by the senate on March 15 with 27 yeas, eight nays, and three senators not voting. Senator Johnnie Turner later modified his vote from yea to nay. Brandon Smith and Robin L. Webb, who did not vote, modified their votes to nay. Jared Carpenter, who also did not vote, later modified his vote to yea.
Senate vote :
| Party | Party | Votes for | Votes against | Not voting |
| | Democratic (7) | – | 6 | 1 |
| | Republican (31) | 27 | 2 | 2 |
| Total (38) | Total (38) | 27 | 8 | 3 |
Senate vote (as modified) :
| Party | Party | Votes for | Votes against |
| | Democratic (7) | – | 7 |
| | Republican (31) | 27 | 4 Brandon SmithBrandon J. StormJohnnie TurnerPhillip Wheeler |
| Total (38) | Total (38) | 27 | 11 |

## Endorsements

U.S. Senators
* Rand Paul, U.S. Senator from Kentucky (2011–present)
Statewide officials
* Andy Beshear, governor of Kentucky (2019–present)
* Jacqueline Coleman, lieutenant governor of Kentucky (2019–present)
State legislators
* Jacob Justice, representative from the 94th district (2023–2025) (voted yes on HB 2)
Newspapers
* The Lexington Herald-Leader
Organizations
* The Fairness Campaign
* Kentucky Democratic Party
* Kentucky Education Association
* United Mine Workers of America

## Results

Amendment 2 :
| Choice | Votes | % |
| No | 1,302,466 | 64.79 |
| Yes | 707,819 | 35.21 |
| Total votes | 2,010,285 | 100.00 |