GLASGOW, Ky. — Kentucky voters will decide this fall whether to temporarily limit when the governor can grant pardons, commute sentences or issue reprieves around a gubernatorial election.

A proposed constitutional amendment on the Nov. 3 ballot would prohibit a governor from using those powers beginning 60 days before a gubernatorial election and continuing until the fifth Tuesday after the election.

The proposal comes from Senate Bill 10, sponsored by Sen. Chris McDaniel, R-Ryland Heights. Lawmakers approved the bill during the 2026 legislative session, sending the proposed constitutional amendment to voters.

Here’s what the amendment would do and how it got to the ballot.

What is a pardon?

Kentucky’s Constitution gives the governor several clemency powers, including the ability to grant pardons, commute sentences and grant reprieves.

A pardon generally forgives a person for a criminal offense. A commutation reduces a criminal sentence but does not erase the conviction.

A reprieve temporarily delays or postpones the carrying out of a sentence.

The Constitution also requires the governor to file a statement explaining the reasons for a clemency decision. The application and statement must be open to public inspection.

What would change?

The amendment would add a temporary restriction to the governor’s clemency powers.

If approved, a governor could not commute sentences or grant reprieves or pardons beginning 60 days before a gubernatorial election and ending on the fifth Tuesday after the election.

The governor would retain those powers outside that period.

The amendment would not change the Constitution’s existing exception involving impeachment.

It also would retain the Constitution’s separate provision concerning treason. In treason cases, the governor would continue to have the power to grant reprieves until the end of the next session of the General Assembly, when the power of pardoning is vested in the legislature.

Why was it proposed?

The proposal is not new.

McDaniel has pushed similar legislation for years. The Kentucky Lantern reported that the 2026 effort was his seventh attempt to advance a constitutional amendment limiting gubernatorial pardon powers around elections.

Earlier versions passed the Senate but stalled in the House.

McDaniel’s effort grew out of former Gov. Matt Bevin’s use of the pardon power near the end of his term in 2019.

Bevin issued pardons to people convicted of crimes including rape, murder and child abuse after losing the election to Andy Beshear, according to the Kentucky Lantern.

McDaniel told the Lantern in June that he had spent seven years trying to change the law. He has said the proposal is intended to give voters an opportunity to know about a governor’s use of the pardon power before voting in a gubernatorial election.

The 60-day period before the election was added during the legislative process.

McDaniel told the Lantern that Rep. Jason Petrie, R-Elkton, questioned the timeframe. The 60-day period was added so early and absentee voters would have an opportunity to know about pardons before casting their ballots.

The proposal has also drawn concerns.

A spokesperson for Beshear said the answer should be electing governors who use the pardon power appropriately rather than limiting the power itself.

The ACLU of Kentucky has expressed concern that the change could remove an important safeguard in the criminal justice system, according to the Lantern.

[image]

Sen. Chris McDaniel, R-Ryland Heights, asks a question during the July meeting of the Interim Joint Committee on Local Government, July 29, 2025. (LRC Public Information)

How did it get to the ballot?

McDaniel introduced Senate Bill 10 in January 2026.

The Senate passed the bill 36-0, with one senator passing and another not voting, on Jan. 20. The Kentucky Lantern reported that Sen. Reggie Thomas, D-Lexington, passed on the vote.

The bill then moved to the House, where the Elections, Constitutional Amendments and Intergovernmental Affairs Committee advanced it March 26.

The House passed the bill 82-12 on April 1 after adopting a floor amendment. That amendment removed a separate provision that would have changed Section 240 of the Kentucky Constitution.

The Senate then agreed to the House changes and passed the bill 36-1 the same day.

The bill was enrolled, signed and delivered to the Secretary of State on April 1. It is now listed as Acts Chapter 12.

Because the proposal would change the state Constitution, voters must approve it before it can take effect.

When would the restriction apply?

The restriction would apply around gubernatorial elections, not every election.

Kentucky’s next gubernatorial election is in 2027. If voters approve the amendment this fall, the restriction would first apply around that election.

It would begin 60 days before the gubernatorial election and continue until the fifth Tuesday succeeding the election.

That means the restriction would cover the period leading up to the election and the transition into the next gubernatorial term.

What would not change?

The amendment would not eliminate the governor’s clemency powers.

Outside the restricted period, the governor would continue to have the constitutional power to grant pardons, commute sentences and grant reprieves.

The governor would also continue to have the power to remit fines and forfeitures.

The Constitution’s existing provisions concerning impeachment and treason would remain in place.

In other words, the proposal creates a temporary restriction. It does not permanently remove the governor’s authority to grant pardons, commute sentences or issue reprieves.

What will voters see?

The ballot question asks:

“Are you in favor of limiting a Governor's ability to grant pardons or commute sentences by prohibiting him or her from granting pardons or commuting sentences during the time period beginning 60 days prior to the general election at which the Governor is elected, and ending when the Governor is sworn in for that term by amending the Constitution of Kentucky as stated below?”

Voters will choose YES or NO.

The full constitutional language, however, specifically lists commutations, reprieves and pardons among the powers subject to the temporary restriction.

The Kentucky Secretary of State’s Office says its constitutional amendment page provides the language of the proposal but that the office does not interpret or provide guidance on the amendment.

The bottom line

The amendment would not end the governor’s power to grant pardons, commute sentences or issue reprieves.

Instead, it would create a temporary period around each gubernatorial election when the governor could not exercise those three powers.

Outside that period, the governor would retain those powers, subject to the Constitution’s other provisions.

Kentucky voters will decide whether to add that restriction to the state Constitution on Nov. 3.