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Committee backs substitute to add penalties and enforcement to statute barring use of public funds for ballot advocacy
Summary
Sen. Steve Rawlings presented a substitute to strengthen KRS 65.013 by adding enforcement provisions and criminal penalties to deter public employees or entities from using tax dollars to influence ballot measures; committee members pressed on enforceability and First Amendment concerns before reporting it favorably.
Sen. Steve Rawlings explained that KRS 65.013 (prohibiting use of tax dollars to advocate for or against ballot questions) currently lacks enforcement and that the substitute would add enforceable penalties to deter violations. He cited examples from the 2024 election where school officials allegedly used official meetings and public resources to oppose a ballot question.
Committee members probed whether adding criminal penalties could chill employees’ First Amendment speech and how enforcement would work in practice. Sen. Rawlings said public employees may speak on their own time and that prosecution would require a high burden of proof; committee language removed volunteer references and narrowed felony exposure while carving out an exception to allow KET-hosted issues debates with equal time for both sides.
After discussion, the committee adopted the substitute and reported it favorably by recorded vote. Several members urged careful drafting to preserve constitutional protections while providing meaningful enforcement.
