Kentucky judge blocks results of Marsy's Law vote

This story has been updated to reflect that a Marsy's law measure will appear on the ballot in Florida following an unsuccessful legal challenge.

FRANKFORT, Ky. — A judge has ruled that a measure on the November ballot seeking constitutional rights for crime victims is so vaguely worded that the vote can't be certified as official following the Nov. 6 general election.

Ruling on the measure known as "Marsy's Law,"  Franklin Circuit Judge Thomas Wingate said Monday that the question on the ballot for voters doesn't explain the full impact of a measure that, if approved by voters, would add 10 new rights for crime victims under the Kentucky Constitution.

"The electorate cannot be expected to vote on a Constitutional amendment of which they are not adequately informed of the substance," Wingate's order said.

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It's too late to remove the measure from the ballot and Wingate ruled that Secretary of State Alison Lundergan Grimes may count the votes from the Nov. 6 election. But anticipating an appeal of his decision, the judge said Grimes may not certify the results, or make them official, until a final ruling from a higher court.

Grimes spokesman Bradford Queen said the office is aware of the order and will abide by it.

Supporters of Marsy's Law in Kentucky, part of a well-organized national movement that originated in California, promised an immediate appeal.

"We are very disappointed in today’s decision from Franklin Circuit Court and the message it sends to crime victims in Kentucky," said a statement from Runswitch PR. "We strongly believe the ballot question drafted by the General Assembly adequately informs the voters and will immediately appeal the decision to the Kentucky Court of Appeals."

Wingate's order comes after the Kentucky Association of Criminal Defense Lawyers filed a lawsuit in August seeking to keep Marsy's Law off the ballot, arguing it is flawed and deceptively worded.

The defense lawyers' group hailed Wingate's decision.

The group "is pleased with the well-reasoned opinion of the court and is confident that if appealed, the appellate courts will confirm Judge Wingate’s ruling," it said in a statement. "Before our Constitution can be changed, the voters should be fully informed about the content of the proposed amendment."

Wingate's order noted that Kentucky is one of six states putting the matter before voters on Nov. 6.

In Florida, a judge ruled the proposed constitutional amendment does not fully inform voters of its impact and has ordered it removed from the ballot. But the the Florida Supreme Court reversed that decision last month and ruled that the measure may remain on the ballot, according to Runswitch and news accounts.

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Kentucky's measure, which would change the state constitution to give victims specific rights in criminal cases, must be approved by the voters to take effect.

The ballot measure follows the successful passage of Senate Bill 3, known as  Marsy's Law, in the 2018 legislative session, after an extensive lobbying campaign by supporters of the measure first approved in California that has spread to other states. 

The measure is named after Marsalee "Marsy" Nicholas, a college student who was stalked and killed by a former boyfriend in California. The campaign to enact victims' rights legislation was launched and financed by her brother,  Dr. Henry Nicholas, the wealthy founder of the technology company Broadcom Corp. 

Kentucky Sen. Whitney Westerfield, a Hopkinsville Republican and the sponsor of the bill, sharply criticized the defense lawyers' challenge to the constitutional amendment at the time they filed it and said he is committed to seeing the measure approved by voters.

“On behalf of the entire Marsy’s Law for Kentucky effort, I have moved to intervene in the case filed against Marsy’s Law to defend its appearance on the November ballot," Westerfield said in August. "The law has come under unfair and ridiculous attacks from the criminal trial bar, people who have no interest in the rights of victims in the criminal justice process. ... The General Assembly overwhelmingly expressed a bipartisan desire for Marsy’s Law to appear on the November ballot and I intend to see that it does."

The defense lawyers who filed the challenge to Kentucky's version of the law said the measure would "significantly change the criminal justice system" and that the wording the General Assembly drafted to put on the ballot is "insultingly vague and grossly misleading."

Read this:Lawyers challenge effort to put victim rights in Kentucky Constitution

The ballot question asks: "Are you in favor of providing constitutional rights to the victims of crime, including the right to be treated fairly, with dignity and respect, and the right to be informed and have a voice in the judicial process?"

Wingate's order said that single question fails to explain the scope or impact of the law.

"The court agrees with the plaintiffs that the questions drafted by the General Assembly fails to adequately address the substance of Senate Bill 3," it said.

He also noted that some of the protections for victims proposed in Marsy's Law already are included in Kentucky law through the "Crime Victims Bill of Rights."

Wingate said he fully expects the matter to be appealed, writing, "The court anticipates this matter will be settled by the appellate courts on review."

Deborah Yetter: 502-582-4228; dyetter@courierjournal.com; Twitter: @d_yetter. Support strong local journalism by subscribing today: courier-journal.com/deborahy.