BY ROGER SMITH
MOUNTAIN CITIZEN
INEZ — Voters face critical choices on the upcoming ballot with high stakes involved. During Thursday’s Kiwanis Club luncheon, Martin County Board of Elections Chairman James Ayers and Kentuckiana Election Services CEO Craig Lindon offered insights into two constitutional amendments and the county’s advanced election technology.
The pair discussed proposed voter rights and public school funding reforms, highlighting key issues that could shape Kentucky’s future.
Ayers emphasized that Amendment 2 has garnered significant attention while Amendment 1 has received minimal publicity.
“The wording of these amendments is somewhat confusing,” Ayers noted. “A group did a grading scale of the reading level, and they’re at a pretty advanced level; they’re hard to understand.”
Amendment 1
Ayers explained that Amendment 1 reaffirms an existing constitutional provision. It adds a sentence: “No person who is not a citizen of the United States shall be allowed to vote in this state.”
“This is a solution looking for a problem. We don’t have the issue in Kentucky,” Ayers said, referring to some U.S. municipalities that allow noncitizens to vote in local elections. Federal law restricts voting in federal elections to U.S. citizens while noncitizens already cannot vote in Kentucky.
He stressed that election workers cannot explain the amendments to voters on Election Day, so it is crucial for voters to educate themselves beforehand.
“Amendment 1 is a yes or no question but contains 542 words,” Ayers added. “You can imagine someone standing there trying to read it if they didn’t know it was going to be on the ballot.”
Amendment 2
“Constitutional Amendment 2 has gotten a lot of attention,” Ayers remarked. “It’s being packaged as ‘school choice’ and all these different things. Essentially it’s much shorter and wants to add a new section to the constitution.”
Amendment 2 asks if you are in favor of the General Assembly providing financial support for the education costs of students who are outside the system of common (public) schools.
[In other words Amendment 2 asks if you are in favor of shifting public taxpayer money to private schools.]
Ayers explained that the Kentucky General Assembly enacted a private school voucher program in 2021 and legislation was filed to expand the program before the state Supreme Court struck it down for violating Kentucky’s constitution. That decision led directly to the legislature putting Amendment 2 on the ballot.
He emphasized the need for voters to be informed.
“Precinct workers cannot say ‘yes is for private vouchers, private schools,’ or ‘no keeps taxpayer money in public schools.’ They can’t give that type of direction, so it’s really important when you go to vote that you’ve educated yourselves on this and know which way you want to vote.”
Kiwanis member Bobby Hale asked if other states have similar amendments. Ayers referred to a Kentucky Center for Economic Policy report detailing potential public school funding cuts if Amendment 2 passes.
The report compares Kentucky to other states and estimates that a program similar to Florida’s could cost Kentucky’s budget $1.19 billion annually. Even a smaller program, one-sixth the size of Florida’s, would still cost $199 million.
“If we go with the Florida model, Martin County will lose $4.5 million in funding that is not made up in the pot of money that the General Assembly allocates for schools,” Ayers warned.
Hale asked how the county would lose money if it did not lose students. Other Kiwanis members raised concerns about private school accountability.
Ayers explained that Amendment 2 grants the General Assembly authority to allocate taxpayer money to private schools, but there is no established plan.
“If it passes, then when [the General Assembly reconvenes] they would start working out what it would look like,” he said.
Voting dates, technology, history
Craig Lindon, CEO of Kentuckiana Election Services, serves as Martin County’s election vendor, providing hardware, software and security for the voting process. He also handles ballot design, printing, and training election staff among other services.
Before speaking, Lindon presented Martin County Clerk Susie Skyles with a certificate of excellence for her dedication to election integrity.
“I want to thank Susie, James and the fiscal court for allowing us to serve,” he said.
Voting dates and places
Lindon outlined key voting dates, noting that six days of excused early voting began Oct. 23 and will continue Oct. 28, 29 and 30 in the Martin County Clerk’s Office. Hours are 8 a.m. to 4 p.m.
In-person no-excuse absentee voting is open to all voters Oct. 31, Nov. 1 and Nov. 2 from 10 a.m. to 6 p.m. in the clerk’s office.
Election Day is Tuesday, Nov. 5.
Voters can cast their votes on Election Day at any of six locations: Martin County Middle School, Pigeon Roost Community Center, Inez Elementary School, Eden Elementary School, and Martin County Government Center.
A drop box for mail ballots is located outside the clerk’s office in the Martin County Government Center. The clerk must receive mail-in absentee ballots before 6 p.m.
History and technology
Lindon shared the history of Kentuckiana Election Services, which Joe Bolton founded in 1985. He acquired the company in 2019 after Bolton’s death.
Lindon recounted his father’s tenure as Wolfe County Clerk and the evolution of election technology.
“When he came into the clerk’s office, he had about three ink pens and one working typewriter,” he said. “Since that time the clerk’s office has implemented a computer system.”
Lindon began accompanying his father to the clerk’s office on Saturdays when the Shouptronic electronic voting machine was the latest technology. In the 1990s, the Microvote Electronic Voting Computer was introduced. Then in 2002, Congress passed the Help America Vote Act (HAVA) leading to the adoption of the iVotronic machine.
“Fast-forward to 2019, Congress had already passed legislation that we would be going to voting equipment that would produce a paper trail for each voter,” stated Lindon. “When COVID hit in 2020, it sped that up. So then we got the equipment that we have now, which is your ExpressVote, your ballot marking device and your DS200 scanner.”
The current system enables voters to make selections electronically before printing a summary on a paper ballot. The paper ballot is then scanned and counted using a DS200 scanner.
“Neither the ExpressVote system nor the scanner is connected to the internet,” Lindon assured.
The only part of the process connected to the internet is the electronic poll book, which contains the list of registered voters and replaces the traditional paper poll books.
Lindon expressed concern over the General Assembly adding amendments to ballots during presidential elections.
“It already takes voters longer during those elections,” he remarked. “When amendments are added, people can spend an extra 10 minutes trying to read and understand them.”
There is a distinct difference between a recount and a recanvass.
“A lot of people get confused,” Lindon noted. “A recanvass is normally ordered by the secretary of state. If a contested race is within 1%, it is an automatic recanvass, whether it’s a federal contest, state contest or local.”
A recount, however, must be petitioned in circuit court, and the candidate must cover the costs.
“It has to be done by court order,” said Lindon. “The cost depends on the size of the county. …I’m going to guess it would be between $6,000 and $10,000 for Martin County.”
Lindon dismissed conspiracy theories about election equipment.
“I can tell you that in Kentucky none of our equipment that tabulates is connected to the internet,” he said. “So there’s no way of a cyber attack on our equipment.”
Election integrity
On the topic of integrity, Lindon praised Secretary of State Michael Adams for working with Governor Andy Beshear during the coronavirus pandemic, despite political criticism, to ensure a secure and fair election process in Kentucky.
He concluded by sharing that legislation passed earlier this year requires the county Board of Elections to conduct a hand-to-eye recount on at least one scanner and one contest on Thursday, Nov. 7. The recount will be open to the public.
“I think it has to be a state or federal contest in this election,” said Lindon. “They’re just now rolling out some rules in the clerk’s association. They left a lot of gray areas in the legislation, so I think there’s going to have to be some cleanup legislation.”
According to Lindon, by Friday, Nov. 8 the election must be certified.