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WESTERFIELD v. WARD

2018-SC-000583-TG (2018-CA-001510).

599 S.W.3d 738 (2019)

Whitney WESTERFIELD, in His Official Capacity as Senator; Whitney Westerfield; Joseph Fischer in His Official Capacity as Representative; Joseph Fischer; Marsy's Law for Kentucky, LLC; and Marsy's Law for Kentucky, a Political Issues Committee, Appellants v. David M. WARD; Kentucky Association of Criminal Defense Lawyers, Inc.; Allison Lundergan Grimes, in Her Official Capacity as Secretary of State; and the Kentucky State Board of Elections, ex rel., Allison Lundergan Grimes, in Her Official Capacity as Chairman and Chief Election Official for the Commonwealth, Appellees and David M. Ward and Kentucky Association of Criminal Defense Lawyers, Inc., Appellants v. Whitney Westerfield, in His Official Capacity as Senator; Whitney Westerfield; Joseph Fischer in His Official Capacity as Representative; Joseph M. Fischer; Marsy's Law for Kentucky, LLC; Marsy's Law for Kentucky, a Political Issues Committee; Allison Lundergan Grimes, in Her Official Capacity as Secretary of State; and the Kentucky State Board of Elections, ex rel., Allison Lundergan Grimes, in Her Official Capacity as Chairman and Chief Election Official for the Commonwealth, Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 31, 2019.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANTS WHITNEY WESTERFIELD, WHITNEY WESTERFIELD, IN HIS OFFICIAL CAPACITY AS SENATOR AND JOSEPH FISCHER AND JOSEPH FISCHER IN HIS OFFICIAL CAPACITY AS REPRESENTATIVE: David E. Fleenor , Office of the Senate President.

COUNSEL FOR APPELLANTS MARSY'S LAW FOR KENTUCKY, LLC; AND MARSY'S LAW FOR KENTUCKY, A POLITICAL ISSUES COMMITTEE: Sheryl G. Snyder , Louisville, Jason Patrick Renzelmann , Samuel William Wardle , Louisville, Frost Brown Todd, LLC.

COUNSEL FOR APPELLEE DAVID M. WARD: James David Niehaus.

COUNSEL FOR APPELLEE KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, INC.: Robert Kenyon Meyer , Dinsmore & Shohl, LLP.

COUNSEL FOR APPELLEE ALLISON LUNDERGAN GRIMES, IN HER OFFICIAL CAPACITY AS SECRETARY OF STATE: Katherine Lacy Crosby , Jonathan Todd Salomon , Louisville, Tachau Meek, PLC.

COUNSEL FOR APPELLEE THE KENTUCKY STATE BOARD OF ELECTIONS, EX REL, ALLISON LUNDERGAN GRIMES, IN HER OFFICIAL CAPACITY AS CHAIRMAN AND CHIEF ELECTION OFFICIAL FOR THE COMMONWEALTH: Elizabeth Chesnut Barrera , Lexington, Daniel Luke Morgan , McBrayer, McGinnis, Leslie & Kirkland, PLLC.

We accepted transfer of this appeal from the judgment of the Franklin Circuit Court that invalidated the submission of a proposed constitutional amendment to the voters of Kentucky in a single-sentence ballot question. We hold that the issue of whether the proposed amendment was

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