AN ACT proposing to amend Section 77 of the Constitution of Kentucky relating to limiting the Governor's ability to grant pardons and commute sentences.
Summary
SB10 is a proposed constitutional amendment that would narrow the Kentucky Governor’s clemency powers. Under the measure, the Governor would still be able to remit fines and forfeitures, commute sentences, and grant reprieves and pardons, but would be prohibited from doing so during the period beginning 60 days before a gubernatorial election and ending when the Governor is sworn in for the new term. The bill also preserves the existing exception for impeachment and retains the constitutional requirement that the Governor file a public statement explaining clemency decisions.
The proposal also makes a conforming change to Section 240 of the Kentucky Constitution, which addresses pardons for participation in duels, by tying that authority back to Section 77. Because this is a constitutional amendment, it does not directly change statutory law; instead, it would alter the state constitution if ratified by voters. The bill sets out the ballot question and directs the Secretary of State and county clerks to publish and place the amendment on the ballot under the specified election procedures.
Impact
If adopted by voters, SB10 would amend Sections 77 and 240 of the Kentucky Constitution to temporarily bar gubernatorial pardons and sentence commutations during the final 60 days before a gubernatorial election through the swearing-in of the next Governor. This would limit executive clemency authority during the transition period and could affect pending pardon and commutation applications near the end of a Governor’s term. It also requires the amendment to be submitted to the electorate and establishes publication and ballot-certification procedures for the Secretary of State and county clerks.
Sentiment
The recorded votes suggest strong legislative support for the measure. The Senate passed the bill 35-0 on third reading, and later the Senate again approved it 35-1. The House also approved the measure on veto override by a substantial margin, 82-12. No committee transcript was provided, so the available record shows broad support but does not include detailed debate or committee-level concerns.
Contention
The main point of contention is the scope and timing of the Governor’s clemency power. Supporters appear to favor preventing last-minute pardons or commutations during an election period, likely to avoid perceived political influence or abuse of power. Opponents, reflected in the minority votes, may have objected to restricting a constitutional executive power or to limiting clemency in cases where it could be used near the end of a term. Because no committee discussion was provided, specific arguments from either side are not available in the record.