Kentucky voters will decide Nov. 3 whether to suspend a governor’s power to grant pardons or commute sentences during the final stretch of a gubernatorial election.
The proposed constitutional amendment would create a blackout period beginning 60 days before the election and ending on the fifth Tuesday afterward, the day Kentucky governors are sworn in. The enacted ballot measure, Chapter 12 of the 2026 laws, places the full proposal before voters for ratification or rejection.
The question is prospective. Kentucky is not electing a governor this year; the next gubernatorial election is in 2027. If voters approve the amendment in November, the restriction would first become relevant during that election cycle.
What would change
Under the current Kentucky Constitution, Section 77 authorizes the governor to remit fines and forfeitures, commute sentences, and grant reprieves and pardons, except in impeachment cases. It also requires the governor to file a statement explaining each clemency decision and keeps those records open to public inspection.
The amendment would preserve the general clemency power but prohibit pardons and sentence commutations during the defined transition window. Its ballot language asks voters whether they favor that limitation. The measure does not ask voters to elect a particular official, reconsider a specific criminal case, or eliminate gubernatorial clemency outside the restricted period.
The legislative record for Senate Bill 10 shows the proposal passed the Senate 36-0-1 in January. The House approved an amended version 82-12 on April 1, and the Senate concurred 36-1 before the measure was delivered to the secretary of state. A governor’s signature is not required for a proposed constitutional amendment.
The practical effect is narrow but significant: a governor could still consider clemency applications through most of the four-year term, but decisions would pause during roughly the final two months surrounding the election and transfer of power. The amendment would not transfer clemency authority to the legislature or courts during that pause.
Why lawmakers put it on the ballot
Lead sponsor Sen. Chris McDaniel has presented the restriction as an accountability safeguard for the period when an outgoing governor may no longer face voters. The proposal follows years of debate after former Gov. Matt Bevin issued hundreds of pardons and commutations as he left office in 2019. Associated Press reporting documented bipartisan Senate support for an earlier version and the role that end-of-term clemency controversies played in the effort.
Approval requires a majority of votes cast on the amendment. A “yes” vote adds the 60-day restriction to Section 77; a “no” vote leaves the existing clemency language unchanged.
Eligible residents can check or update their registration through Kentucky’s online voter portal. The portal lists Oct. 5 at 4 p.m. local time as the registration deadline for the Nov. 3 general election. Voters should review the complete ballot language because the legal text, not campaign shorthand from either side, determines the amendment’s effect.
