What is the Proposed Constitutional Amendment?
There is one statewide constitutional amendment certified for the 2026 general election ballot. It seeks to limit the governor's power to grant pardons and commute sentences. Currently, the Kentucky Constitution gives the governor broad authority to issue pardons, with the only explicit restriction being in cases of impeachment. This proposed amendment, which originated in the legislature as Senate Bill 10, would create a new restriction based on timing. Specifically, it would prohibit the governor from issuing any pardons or sentence commutations during a 'lame duck' period. This blackout window would start 60 days before a gubernatorial election and end on the fifth Tuesday after the election, effectively covering the final months of a one-term
governor or the period between an election loss and the inauguration of a successor.
The Argument For: Preventing Controversial Last-Minute Pardons
Supporters of the amendment argue it's a necessary check on executive power and a response to a pattern of controversial, late-term pardons. The push for this change gained significant momentum following the final weeks of former Governor Matt Bevin's term in 2019, when he issued hundreds of pardons and commutations, some for individuals convicted of heinous crimes. Proponents say this amendment would prevent a governor, who is no longer accountable to voters, from making such decisions without public recourse. They frame it as a nonpartisan issue of good governance, pointing out that governors from both parties have historically issued large numbers of pardons at the end of their terms. The amendment passed the state legislature with overwhelming bipartisan support, with proponents arguing it closes a loophole that allows for pardons that are not in the public interest.
The Argument Against: Limiting Mercy and Executive Discretion
Opponents of the amendment raise concerns about limiting a governor's constitutional power to grant mercy. Clemency, including pardons and commutations, is often seen as a critical tool for correcting injustices, showing mercy in cases with mitigating circumstances, and managing the prison population. For example, former Governor Steve Beshear used his final-day pardon power to grant clemency to women convicted of violent crimes against partners they alleged were abusive. Critics argue that placing an arbitrary time limit on this power could prevent a governor from acting on a deserving case simply because an election is near. While no state currently has a similar time restriction, some worry that this sets a precedent for chipping away at the executive branch's ability to act as a fail-safe in the justice system. A 'no' vote would maintain the governor's current, unrestricted power to grant pardons at any time during their term.
How It Got on Your Ballot
Unlike some states where citizens can gather signatures to place issues on the ballot, in Kentucky, only the state legislature can refer a constitutional amendment to voters. For a proposal to make it to the ballot, it must pass both the Kentucky House and Senate with a 60% majority vote. This particular amendment, known as Senate Bill 10, cleared that high bar with votes of 36-1 in the Senate and 82-12 in the House. Because it is a constitutional amendment, the governor's signature is not required for it to be placed before the voters for a final decision. Now, it is up to the citizens of the Commonwealth to decide whether to approve this change to the state's foundational document.
