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Kentucky judge blocks certification of 'Marsy's Law' vote

Kentucky is one of six states scheduled to vote on "Marsy's Law."

FRANKFORT, Ky. (AP) - A judge has ordered election officials in Kentucky not to certify the results of an upcoming referendum on whether to change the state's constitution to guarantee the rights of crime victims.

Kentucky is one of six states scheduled to vote on "Marsy's Law," a proposed constitutional amendment to guarantee crime victims similar rights as those accused of crimes in the judicial system. The effort's named after a California college student killed in the 1980s.

Franklin Circuit Judge Thomas Wingate ruled Monday the ballot question isn't worded sufficiently to inform people of what they're voting on.

The ruling means Kentucky voters will still cast ballots on the question, and election officials can count them. But the judge has ordered officials not to certify the results until after appellate courts have ruled.

The following is a statement from Senate Judiciary Chairman Whitney Westerfield regarding the ruling:

“Today, the Franklin County Circuit Court issued a ruling on Senate Bill 3 (SB 3), also known as Marsy’s Law. The Court determined that the ballot question for this constitutional amendment addressing victims’ rights is unconstitutional. I profoundly disagree with this determination, and will seek transfer of the inevitable appeal directly to the Kentucky Supreme Court. As the sponsor of SB 3, I have worked tirelessly to elevate the voice of crime victims within the criminal justice system as a constitutional right, and I am steadfastly committed to this cause regardless of today’s ruling. I remain confident that SB 3 will be incorporated into the Kentucky Constitution by the voters of the Commonwealth.”

STATEMENT FROM MARSY’S LAW FOR KENTUCKY

"We are very disappointed in today’s decision from Franklin Circuit Court and the message it sends to crime victims in Kentucky. 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. To be clear, this ruling was not against the substance of Marsy’s Law, but rather the specific language that will appear on the ballot. Marsy’s Law has received widespread support from victims’ advocates, public officials, law enforcement officers and individuals across Kentucky. Clearly, Kentuckians want the opportunity to vote to ensure victims are afforded the equal rights they deserve. Furthermore, it is an affront to all victims that the Association of Criminal Defense Lawyers would wait until the eleventh hour, just before the election, to put forward this unnecessary lawsuit. Crime victims in Kentucky deserve to be treated with the dignity and respect Marsy’s Law will provide."

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