Kentucky’s Constitution Mandates “Free & Equal” Elections.  Are the Commonwealth’s Manipulated Voting District Maps Legal?

The American Democracy Minute Radio Report & Podcast for Sept. 25, 2023



Map: State of Kentucky Tweet: Former KY House Speaker Jeff Hoover

Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

Kentucky’s Constitution Mandates “Free & Equal” Elections.  Are the Commonwealth’s Manipulated Voting District Maps Legal?

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

The Kentucky Supreme Court heard arguments September 19th on whether the “free and equal elections” provision in the Commonwealth’s constitution prohibits partisan gerrymandering of its voting districts.

In a 2022 lower court decision, a Franklin County circuit court judge acknowledged that the Congressional and state legislature’s districts were gerrymandered, but ruled that there was nothing in Kentucky’s constitution prohibiting it.  

The Kentucky Democratic Party appealed, arguing that gerrymandered maps violated the state constitution’s Section 6 guarantee that “All elections shall be free and equal.” WKU Public Radio quotes the plaintiff’s attorney saying, “An election where the outcome is preordained is not free or equal.  We proved that’s not because of Kentucky’s unique political geography. It was an intentional choice by the mapmakers to draw lines to favor Republicans at every turn.”  

In 2022, the GOP won 80% of legislative seats with only 46% of voters being registered Republicans, and 44% Democrats. The remaining 10% are independents and third party voters.  Kentucky’s former House speaker later bragged on Twitter,  “Congratulations to House Republicans on significant gains, yet again.  Majority of credit must go to @tommydruen architect of redistricting maps!”  Druen is a senior policy advisor to the Speaker.  

The plaintiffs are hoping for a decision in early 2024.  We have links to the maps and articles about the case at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Louisville Public Media – Court upholds Kentucky’s Republican-drawn redistricting maps
Brennan Center for Justice/State Court Report – Kentucky Supreme Court Weighs Partisan Gerrymandering

WKU Public Radio – Kentucky Supreme Court hears arguments over redistricting maps
Kentucky Lantern – Kentucky Supreme Court must weigh constitutionality of partisan gerrymanders
Associated Press – Kentucky Supreme Court reviews state’s Republican-drawn legislative, congressional maps
National Conference of State Legislatures – Free and Equal Election Clauses in State Constitutions
Governing/Lexington Herald-Leader – Does Kentucky’s Constitution Prohibit Gerrymandering?

Groups Taking Action:

League of Women Voters Kentucky, Common Cause KY, ACLU Kentucky, Black Lives Matter Louisville, Kentucky Equal Justice Center


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