Kentucky Law: Voters Restrict Governor Pardon Window

Kentucky voters approved a constitutional amendment on Tuesday that restricts when the governor can grant clemency. The measure, known as Amendment 1, prohibits the chief executive from issuing pardons or commuting sentences during a specific window. This period begins 60 days before Election Day and ends on Inauguration Day.

State Sen. Chris McDaniel, a Democrat from Ryland Heights, introduced the underlying legislation, Senate Bill 10, multiple times over several years. The bill passed the legislature during the most recent session. It then went to a vote where citizens approved the change to the state constitution.

McDaniel stated that the amendment places a limit on a power he described as one of the broadest held by any governor. He noted that he began the effort in 2020 after a governor from his own party issued clemency following an election. McDaniel said those decisions caused pain for victims and their families, a lesson the state has now codified.

The political context for the vote traces back to 2019. Former Gov. Matt Bevin issued hundreds of pardons and commutations late in his term after losing his re-election bid to Andy Beshear. Many of those releases involved individuals convicted of violent crimes. Political analyst Leland Hulbert called the amendment a direct reaction to that series of decisions.

Gov. Andy Beshear, who won the 2019 race, previously called Bevin's actions an abuse of power. However, Beshear expressed a different view on the solution. He argued that the answer is not to change the pardon power for all future governors but to avoid electing candidates who might abuse it.

McDaniel acknowledged that nearly every administration has faced criticism for specific pardon decisions. He emphasized that the new rule ensures accountability. Under the amendment, a governor or their political party must face voters without the ability to reserve major clemency decisions until after the election is over.