Kentucky voters will decide Nov. 3 whether to prohibit governors from granting pardons or commuting sentences during the closing months of a gubernatorial election year. The proposed constitutional amendment would suspend that authority from 60 days before the election until the fifth Tuesday afterward, when the next gubernatorial term begins, according to the official ballot language published by Secretary of State Michael Adams.
A “yes” vote would add the blackout period to Section 77 of the Kentucky Constitution. A “no” vote would leave the current provision unchanged. Under the existing Section 77, the governor may remit fines and forfeitures, commute sentences and issue reprieves or pardons at any point in the term, except in impeachment cases. The governor must file a statement explaining each decision, and the application and explanation must remain open for public inspection.
The amendment would not eliminate clemency powers outside the restricted period. It also would not transfer the authority to another official during the blackout or change the existing requirement for public explanations. The practical effect would be to prevent an incumbent governor from using clemency authority during the transition surrounding the election of a governor, including the period after voters have selected the next officeholder but before that person takes office.
How the proposal reached the ballot
The General Assembly placed the question before voters through Senate Bill 10. The legislative record shows the Senate passed the proposal 36-0 in January. The House approved an amended version 82-12 on April 1, and the Senate concurred 36-1. Because it proposes a constitutional amendment rather than an ordinary statute, the measure went to the Secretary of State instead of the governor for approval or veto.
The House amendment removed a proposed change to Section 240, a separate constitutional provision concerning pardons for dueling convictions. The final measure sent to voters changes only Section 77, making the election-season restriction the sole substantive question on the statewide ballot.
Dates and voter preparation
Kentucky’s general election is Tuesday, Nov. 3. The State Board of Elections voter guide lists Oct. 5 at 4 p.m. local time as the registration deadline and provides links for registration updates, absentee-ballot requests and polling locations. Voters can also obtain a sample ballot through the Secretary of State’s election portal before voting.
The proposal is written as a single yes-or-no question. Approval would amend the constitution directly; rejection would preserve the governor’s existing authority. The measure does not decide any individual pardon application, create a new review board or alter criminal sentences on its own. Its scope is limited to when a Kentucky governor may exercise clemency power during a gubernatorial election transition. If approved, the new restriction would become part of the state constitution rather than a statute that lawmakers could later revise by ordinary legislation.
