FRANKFORT- Sen. Whitney Westerfield, R-Hopkinsville, and Marsy’s Law for Kentucky have filed an appeal to a Franklin Circuit Court judge’s ruling.

The appeal filed Tuesday, seeks to challenge Judge Thomas Wingate’s ruling that the ballot question can not be certified by election officials because the question does not adequately convey how the constitution would change.

Judge Wingate issued his ruling Monday, saying the ballot question failed to “sufficiently state the substance of the proposed constitutional amendment in order to accurately inform the electorate of the contents of SB 3.” Since Wingate anticipated an appeal, his ruling allows the question to still appear on the ballot for the Secretary of State to count.

Marsy’s Law for Kentucky sent emails to thousands of supporters telling them to still vote yes on the ballot question.

“The judge’s ruling expressly allows for the Secretary of State to still count the ballots in support of Marsy’s Law. This was done to allow for the orderly appeal process in which we are now engaged,” the email read.

Marsy’s Law would change the Kentucky constitution by creating a victim’s bill of rights within the Kentucky Constitution.