New Lawsuit Aims to Restore Voting Rights to Kentuckians with Out-of-State Felony Convictions

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LOUISVILLE — Yesterday, Fair Elections Center and Jackson Cooper Law filed a lawsuit seeking to restore voting rights for residents with out-of-state felony convictions. According to plaintiff Bryan Barber’s complaint, which was filed yesterday in Jefferson County Circuit Court, a 2019 executive order by Governor Andy Beshear wrongly discriminates against Kentuckians whose criminal convictions occurred in other states. 

Governor Beshear’s order denies these Kentuckians the same automatic civil rights restoration they would have already secured if they had been convicted of the same crimes in Kentucky. The Barber v. Beshear lawsuit argues that there is no legitimate reason for the state to treat people differently based solely on where they were convicted. This unequal treatment violates Kentucky’s Constitution, which guarantees equal protection under the law.

“Democracy cannot thrive when access to fundamental rights depends on arbitrary distinctions rather than equal justice under the law. Yet, unfortunately, Kentucky’s automatic rights restoration system does just that by punishing its citizens based on the geographic origin of an offense,” said Beauregard Patterson, Counsel at Fair Elections Center. “This system is not only unjust; it is unconstitutional.”

“No person should be defined by the worst parts of their past. Governor Beshear’s actions to reinstate the voting rights of Kentuckians who have served their sentences was a step in the right direction. Unfortunately, the process was flawed and has left Kentuckians who were convicted in another state without a voice in how our Commonwealth and our country are governed,” said Jackson Cooper of Jackson Cooper Law, PLLC. “We are seeking to fix that flaw and ensure that these Kentuckians have their rightful say in who represents us.”

The full complaint can be read here.