Kentucky Gov. Andy Beshear has vetoed a Republican-backed bill that would levy criminal penalties against those who use tax dollars to advocate for or against a public question on the ballot, such as constitutional amendments, which have to be voted on by residents in order to pass.

Senate Bill 59, introduced by Steve Rawlings, R-Burlington, would subject violators to fines. They also could be found guilty of a misdemeanor. Beshear on Tuesday said in his veto of Senate Bill 59 that it is far too broad and violates the First Amendment.

Rawlings said in January when he introduced the bill that during the 2024 election season, many legislators witnessed superintendents and school officials advocate against Amendment 2, a school choice ballot measure.

“There were newspaper articles, social media, Facebook posts, all advocating strongly against the ballot measure,” Rawlings said at the time.

Amendment 2 was a GOP-backed measure that was handily defeated. Kentucky voters have rejected other constitutional amendments in recent years, including one that would have clarified there is no protected right to abortion in the Kentucky Constitution, and another that would have let the legislature call itself into special session. Amendment 1, in 2022, also would have let lawmakers extend their winter sessions.

Current Kentucky law already requires tax dollars not to be used to advocate for or against a public question on the ballot. Rawlings said in January that adding enforceable penalties provides a necessary safeguard and one that upholds the rule of law and “reinforces that no one, not even government entities, is above it.”

In his Tuesday veto, Beshear, a Democrat, said Senate Bill 59 would prohibit members of the General Assembly from speaking from their annex offices or on state or public property about constitutional amendments set to appear on the ballot.

“Many state legislators used these and other state resources in 2022 when Kentucky voters defeated Amendment 2, and again in 2024 when voters in all 120 Kentucky counties rejected a change to the Kentucky Constitution that would have allowed public dollars to flow to private schools.,” said Beshear.

“We should be protecting the First Amendment and not restricting it.”

Rawlings said in a statement Tuesday that Beshear was not accurately describing what SB 59 does.

“This veto misses the mark and misrepresents what Senate Bill 59 actually does,” Rawlings said. “The bill does not silence anyone’s First Amendment rights; it reinforces a basic principle that taxpayer dollars should never be used for political advocacy. Public officials are free to speak, campaign and express their views, but they should not be doing so on the taxpayer’s dime.”

Rawlings said this bill would only put enforcement behind the law that already exists, and said the current law “has no teeth.”

“This legislation ensures accountability when public resources are misused, while preserving the ability of individuals to speak in their personal capacity,” he said.

The Kentucky Legislature could override Beshear’s veto when lawmakers return from their break next week.

©2026 Lexington Herald-Leader. Visit at kentucky.com. Distributed by Tribune Content Agency, LLC.