LOUISVILLE, Ky. — Kentucky is one of six states addressing abortion in this election cycle, the most on record in a single year according to Ballotpedia.
At the bottom of their ballots, Kentuckians will see an option to either vote 'yes' or 'no' on Kentucky Constitutional Amendment 2.
It reads as follows:
“Are you in favor of amending the Constitution of Kentucky by creating a new Section of the Constitution to be numbered Section 26A to state as follows: To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion?"
WHAS11 showed the sample ballot to a couple Louisville voters.
"I do understand, but I have to read it a couple times to really make sure I’m processing it because the wording is a little awkward to me," one Cherokee Park goer said.
Kevin Burroughs, also a poll worker of six years, says you have to read it closely to understand.
"The seniors will be confused, and the younger ones will jump to an answer faster than anything else," he said.
To be clear, you’re not voting on legalizing abortion itself. Neither a 'yes' or 'no' vote will alter Kentucky's current abortion ban at all.
By bubbling 'yes,' you’re simply saying you want the state constitution altered specifically to say abortion rights and funding are NOT fundamentally protected in the Commonwealth.
This is what anti-abortion groups are pushing for.
By voting 'no,' you’re saying you believe Kentucky’s constitution DOES secure the right to abortion and don’t want any words added saying otherwise.
This is where pro-choice groups stand.
So the next question is: What would a 'yes' or 'no' vote do?
To answer that, we need some context.
Right now, the procedure is already banned in the state in almost all cases. Pro-choice groups have filed lawsuits on behalf of providers, claiming the ban is unconstitutional based on a Kentuckian’s right to privacy and bodily autonomy.
The Kentucky Supreme Court is set to hear the case on Nov. 15, a week after the election.
But if Constitutional Amendment 2 passes, the lawsuit loses its merit -- eliminating the ground on which pro-choice groups have been fighting.
University of Louisville constitutional law professor Sam Marcosson explains.
“Any argument that tries to rely on the Kentucky Constitution to find either of those rights would be dead in the water. It could not succeed," Marcosson told WHAS11.
Now, if Constitutional Amendment 2 fails, the door stays open -- leaving Kentucky’s Supreme Court with a major decision to make.
Marcosson believes a 'no' vote could very well affect how justices rule both in November and moving forward.
“What [we'll] get is a lot more debate in the courts if the amendment fails," he said. “I think it would be almost impossible for the justices not to take notice of it. They can get a cue about where Kentuckians stand and then allow their decision to reflect that vote in some way or another -- whichever way it goes."
So far, Kansas is the only state to vote on its abortion-related amendment already. It was voted down on Aug. 2. The other five states, including Kentucky, will vote on their measures Nov. 8.
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Contact reporter Isaiah Kim-Martinez at ikimmartin@whas11.com. You can follow him on Twitter (@isaiah_km) and Facebook.