Kentucky voters will decide Nov. 3 whether to restrict a governor's clemency power during the final stretch of a gubernatorial term. Amendment 1 would prohibit pardons and sentence commutations beginning 60 days before the election for governor and ending on the fifth Tuesday after Election Day, when the next term begins. The exact window appears in the proposed constitutional text.
A yes vote would add the restriction to Section 77 of the Kentucky Constitution. A no vote would preserve the current arrangement, under which the governor may issue pardons or commute sentences at any point in the term, except in impeachment cases. The amendment also updates gendered references to the governor, according to a nonpartisan voter guide.
Other parts of Section 77 would remain. Governors would still be required to file a publicly available statement explaining each clemency decision, and the authority to remit fines and forfeitures would stay in the Constitution. The ballot language is therefore focused on the timing of pardons and commutations rather than a wholesale redesign of executive clemency.
A narrow but unprecedented timing rule
The proposal does not abolish clemency or change the governor's authority during most of a four-year term. It creates a blackout period around the gubernatorial election and transfer of power. A national review says no other state currently limits a governor's pardon power based specifically on proximity to an election.
Supporters frame the amendment as an accountability measure aimed at preventing last-minute decisions after voters have little practical opportunity to respond. The debate has been shaped by former Gov. Matt Bevin's end-of-term clemency actions in 2019. Ballotpedia's review of Kentucky executive records counts 661 pardons during Bevin's final 95 days, along with 201 by former Gov. Steve Beshear and 93 by former Gov. Ernie Fletcher during comparable end-of-term periods.
The other side of the policy choice is flexibility. A constitutional blackout would apply across the board during the specified period, including cases in which new evidence, changes in circumstances or unusually harsh sentences might otherwise prompt a governor to act. The ballot question therefore asks voters to weigh protection against politically insulated clemency decisions against preserving uninterrupted executive discretion.
How the measure reached voters
The General Assembly placed the amendment on the ballot through Senate Bill 10. The official bill record shows the Senate approved it 36-0-1 on Jan. 20. The House passed an amended version 82-12 on April 1, and the Senate concurred 36-1. Because it is a legislatively referred constitutional amendment, it did not require the governor's signature.
The measure takes effect only if a majority voting on the question supports it. Kentucky's election portal lists Oct. 5 at 4 p.m. local time as the online registration deadline for the Nov. 3 general election. The practical consequence would not arise every election cycle: the restriction is tied specifically to elections for governor.
