Kentucky Voters Freeze Pardon Power for 60 Days Pre-Election

Kentucky voters approved a constitutional amendment on Tuesday that restricts the governor’s ability to grant clemency during the final stretch of an electoral cycle. The measure, known as Amendment 1, prohibits the chief executive from issuing pardons or commuting sentences from 60 days before an election day through Inauguration Day.

The initiative traces its roots to Senate Bill 10, a piece of legislation introduced multiple times by State Sen. Chris McDaniel, D-Ryland Heights. The bill finally cleared the state legislature during the most recent session. It was then placed before the public for a direct vote.

McDaniel, a Democrat, initiated the effort in 2020. He cited a specific instance where a governor from his own party issued pardons and commutations after losing a re-election bid. McDaniel noted that some of those decisions caused profound pain for victims and their families. He stated that no vote could undo what happened to them, but that the new constitutional safeguard would prevent similar situations in the future.

The amendment is widely viewed as a direct response to the clemency actions of former Governor Matt Bevin. Bevin granted hundreds of pardons near the end of his term after losing the 2019 gubernatorial race to Andy Beshear. Many of those releases involved violent criminals. Political analyst Leland Hulbert described the voter approval as a direct reaction to Bevin’s pardons.

Current Governor Andy Beshear, a Democrat, has called Bevin’s use of the pardon power an abuse in terrible ways. However, Beshear has expressed skepticism about constitutional amendments as the primary solution. He argued that the better remedy is simply not electing a leader who abuses the power. Beshear stated that the answer is not changing the pardon power for every other governor that has not abused it in this way.

McDaniel acknowledged that while Bevin’s actions brought attention to the issue, nearly every administration has issued bad pardons. He emphasized that the new rule applies equally to every future governor regardless of party. The senator said the governor or their party will now have to stand in front of the voters and account for their actions.

The amendment takes effect immediately upon certification of the election results. It will apply to the next gubernatorial election and all subsequent cycles in the state. The new constitutional language serves as a permanent check on executive clemency powers during the pre-election window.

The measure passed with majority support across the state. Voters in Louisville and other major cities contributed to the statewide tally. The final certification of the vote counts will be handled by the state’s election officials in the coming days. The amendment does not apply to pardons granted more than 60 days before an election, nor does it restrict the governor’s power to pardon after Inauguration Day.