Kentucky voters will decide on November 3 whether to place a temporary limit on a governor’s clemency power at the end of a term, the only statewide constitutional amendment currently listed for the 2026 general election.
The proposal, enacted by the General Assembly as SB 10, would bar a governor from granting pardons or commuting sentences beginning 60 days before a gubernatorial election and continuing through the next inauguration. Because Kentucky elects governors in odd-numbered years, the restriction would not take effect during this year’s midterm election; voters are deciding whether to add it to the state constitution for future transitions.
Under the existing state constitution, Section 77 gives the governor power to remit fines and forfeitures and grant reprieves, commutations and pardons after conviction, except in impeachment cases. The amendment would leave that authority intact for nearly all of a governor’s four-year term. It targets only the period immediately before a gubernatorial election and the transition that follows.
The final measure cleared the Senate 36-0-1 in January, then passed the House 82-12 after an amendment. The Senate concurred 36-1, and the proposal was delivered to the secretary of state on April 1. Constitutional amendments do not go to the governor for approval; they instead require legislative supermajorities and ratification by voters.
The debate grew from Kentucky’s experience with late-term clemency. Former Gov. Matt Bevin issued more than 600 pardons and commutations in his final weeks after losing reelection in 2019. Several decisions drew objections from victims’ families, prosecutors and lawmakers. The Associated Press reported that sponsor Sen. Chris McDaniel argued the blackout period would make governors answerable to voters before exercising clemency near the close of an administration.
Supporters describe the proposal as an accountability safeguard against last-minute actions by an outgoing governor. The practical tradeoff is that it would also remove the governor’s ability to respond during the blackout period to a wrongful conviction, changed evidence, terminal illness or another urgent clemency request. The ballot question asks voters to decide that institutional balance rather than approve or reject any individual pardon.
The wording matters because a “yes” vote changes the constitution, while a “no” vote keeps the current power unchanged. The proposal addresses state convictions only; it would not affect presidential clemency or federal criminal cases.
Kentuckians who are not registered have until October 5 at 4 p.m. local time to submit an online application, according to the election portal. The portal also allows voters to update an existing record. Applications are not final until approved by the appropriate county clerk, who then sends confirmation and polling-place information.
With six weeks remaining before Election Day, the amendment gives Kentucky voters a direct say over a narrow but consequential executive power. Its effect would be prospective: no existing pardon would be reversed, and no clemency decision made outside the defined transition window would be restricted.
