Lawmaker refiles proposed constitutional amendment on pardon powers

Provide limitations on when a governor may use that power.

(Story Courtesy of Kentucky Today)

FRANKFORT, Ky. (KT) – State Sen. Chris McDaniel, R-Ryland Heights, has refiled a proposed constitutional amendment that would increase gubernatorial accountability in using pardons and commutations, and provide limitations on when a governor may use that power.

The measure, designated Senate Bill 126, has been introduced by McDaniel in several legislative sessions. It seeks to amend Sections 77 and 240 of the Constitution of Kentucky to suspend the governor’s pardon and commutation power beginning 30 days before a gubernatorial election and ending the day of the next inauguration.

“This proposal is designed to ensure that governors remain accountable to the voters for their actions,” McDaniel said. “While it does not remove the governor’s constitutional authority to issue pardons, it addresses a critical loophole that became evident following the 2019 gubernatorial election.”

McDaniel’s effort stems from the controversial actions of Republican former Gov. Matt Bevin, who issued hundreds of last-minute pardons for individuals convicted of serious crimes during his final days in office, after losing his 2019 re-election bid to Democrat Andy Beshear. The proposed amendment aims to prevent similar occurrences by instituting reasonable limitations on the timing of such actions.

If passed by both chambers of the Kentucky General Assembly with the required three-fifths majority, the measure would appear on a future general election ballot for voters to decide. The amendment does not require gubernatorial approval to be placed on the ballot. To amend the state constitution, a majority of voters must support the amendment. Under the proposed constitutional amendment, voters would be asked:

“Are you in favor of limiting a governor’s ability to grant pardons or commute sentences by prohibiting him or her from granting pardons or commuting sentences during the time period beginning 30 days prior to the general election at which the governor is elected and ending the fifth Tuesday succeeding the election by amending the Constitution of Kentucky?”

McDaniel emphasized the amendment's importance for restoring public trust in the gubernatorial pardon process, saying, “This is about safeguarding transparency and accountability in one of the most significant powers a governor wields.”