Kentucky Voters Approve Constitutional Amendment Restricting Gubernatorial Pardon Powers
Kentucky voters approved a constitutional amendment Tuesday to curb governors’ pardon powers around elections by a margin of 71% in favor to 29% opposing, according to unofficial results.
The measure restricts Kentucky governors from granting pardons and sentence commutations beginning 60 days before an election through the governor’s inauguration in December. The change applies equally to every future governor, regardless of political party.
Senator Restarts Legislative Push Following Controversial Pardons
Sen. Chris McDaniel, R-Ryland Heights, repeatedly introduced legislation for the amendment over several years. McDaniel stated that he began the effort in 2020 after a governor from his own party issued pardons and commutations following an election.
Former Republican Gov. Matt Bevin issued a flurry of controversial pardons after he lost the 2019 election to Democratic Gov. Andy Beshear. Those decisions drew widespread criticism because they benefited individuals convicted of serious crimes, including murder, rape, and child abuse. One pardon was for a Northern Kentucky man convicted of raping a nine-year-old child, while another was for a convicted killer whose family had raised money for Bevin’s campaign.
Tonight, Kentuckians placed a reasonable limit on one of the broadest powers held by any governor.
McDaniel said in a statement. He added that the decisions caused profound pain for victims and their families, noting that no vote could undo what happened to them.
Voters Approve Constitutional Amendment Despite Quieter Campaign
The campaign leading up to the vote was a quieter affair than others have been in recent years. No issue committees filed to support or oppose the issue. Rather than relying on committees, McDaniel personally financed some promotional materials and toured the state prior to Election Day to advocate for the proposal.
While the amendment ultimately passed by almost 40 percentage points, some were wary of changing the Kentucky Constitution because of one person. Expressing this sentiment to the Lantern in June, Beshear representative Scottie Ellis noted that although Bevin misused clemency powers to release violent felons, the proper remedy is electing capable leaders rather than restricting executive authority.
With the 71% approval vote recorded in unofficial results, the new 60-day pre-election restriction is set to alter how future Kentucky governors handle executive clemency.
