Secretary of State

Frankfort
Kentucky

 

STEVEN L. BESHEAR
GOVERNOR

EXECUTIVE ORDER

2015-871
November 24, 2015

RELATING TO THE RESTORATION OF
CIVIL RIGHTS FOR CONVICTED FELONS

WHEREAS, the right to vote is the foundation of a representative government;
and

WHEREAS, under the Constitution of the Commonwealth of Kentucky, an
individual convicted of a felony is denied the right to vote, hold public of?ce, receive,
possess or transport in commerce a ?rearm, or serve on a jury, which restrictions may
continue long after a sentence has been fully served; and

WHEREAS, according to the Brennan Center for Justice, it is estimated that
more than one hundred eighty thousand Kentuckians who have already completed their
sentences remain disenfranchised; and

WHEREAS, research indicates that ex-offenders who vote are less likely to re-
offend and return to prison; and

WHEREAS, restoration of the right to vote is an important aspect of
reintegrating offenders in society to become law-abiding and productive citizens; and

WHEREAS, Kentucky is one of only four states that does not currently provide
an automatic process for restoring voting rights for offenders upon ?nal discharge of their
sentences; and

WHEREAS, the current means by which offenders seek to have their rights
restored is unnecessarily time consuming; and

WHEREAS, pursuant to Sections 145 and 150 of the Constitution of the
Commonwealth of Kentucky, the Governor is authorized and empowered to restore the

civil rights of any citizen which are forfeited by reason of a felony conviction:

Secretary of State

Frankfort
Kentucky

 

STEVENIHBESHEAR
GOVERNOR

EXECUTIVE ORDER

2015-871
November 24, 2015

NOW, THEREFORE, in consideration of the foregoing and by virtue of the

authority vested in me by Sections 69, 145 and 150 of the Constitution of the

Commonwealth of Kentucky, 1, Steven L. Beshear, Governor of the Commonwealth of

Kentucky, do hereby Order and Direct the following:

1.

The civil rights, hereby expressly limited to the right to vote and hold public
of?ce denied by judgment of conviction and any prior conviction, are hereby
restored and shall be issued to all offenders convicted of crimes under
Kentucky state law and who have satis?ed the terms of their probation, parole,
or service of sentence (hereinafter collectively referred to for purposes of this
Order as ?Final Discharge?) except a person presently convicted of:

a) Treason,

b) Bribery in an election,

c) A violent offense de?ned in KRS 439.3401,

(1) Any offense under KRS Chapter 507 or 507A, or

c) Any Assault as de?ned in KRS 508.020 or KRS 508.040.

In addition to the above, no civil rights shall be restored pursuant to this Order
to any person who has at the time of Final Discharge:

a) Any outstanding or unpaid restitution as ordered by the court or the Parole
Board, or
b) Any pending criminal cases, charges or arrests.

The Department of Corrections shall take all steps necessary to insure that no
civil rights shall be restored without complying with the mandates and criteria
set forth in this order.

. The provisions of this Order, as mentioned above, only restore the right to

vote and hold public of?ce and do not restore any other civil right, including
but not limited to, the right to receive, possess, or transport in commerce, a
?rearm or to serve on a jury.

Offenders satisfying the criteria in this Order shall be given restoration of civil
rights without undue delay. The Department of Corrections shall cause to be
issued Certi?cates of Restoration of Civil Rights to any offenders who meet
the criteria as set forth in this Order. A Certi?cate shall be issued and
immediately delivered to an offender upon a determination that the
requirements for issuance have been satis?ed. A copy of the Certi?cate shall
be ?led with the Secretary of State.

Offenders convicted of crimes under Kentucky state law not meeting the
criteria for automatic restoration as set forth in this Order, and offenders
convicted of crimes under federal law, may still make application for

Secretary of State
Frank?n1
Kentucky

 

STEVEN L. BESHEAR
GOVERNOR

EXECUTIVE ORDER

2015-871
November 24, 2015

restoration of civil rights under guidelines as provided for by the Governor
and the provisions of KRS 196.045.

This Executive Order, and all future restorations of civil rights issued pursuant
hereto, shall not be construed as a pardon or as a remission of guilt or
forgiveness of the offense and shall not operate as a bar to greater penalties for
second offenses or a subsequent conviction as a habitual criminal.

The provisions of this Order shall be effective immediately upon ?ling with
the Secretary of State and shall have both prospective and retroactive
application. Any offender who has received a ?nal discharge prior to the
effective date of this Order shall be eligible for a Certi?cate from the
Department of Corrections upon application to and con?rmation by the
Department of Corrections that he or she meets all of the criteria for automatic
restoration of civil rights as set forth herein.

The Justice and Public Safety Cabinet and all other state agencies are hereby
directed to comply with the provisions of this Order.

    

 

EVEN L. BESHEAR, 
Commonwealth of Kentucky

  

ALISON DER

Secretary 0

State

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