Kentucky Voters to Decide on Limiting Governor Pardon Powers

Kentucky voters will decide on November 3 whether to approve Constitutional Amendment 1, a measure that would restrict a governor's power to grant pardons or commute sentences. The proposed amendment prohibits these actions during the 60 days preceding a gubernatorial election and the period ending when the next governor is sworn in.

Republican State Senator Chris McDaniel authored the proposal, citing the actions of former Governor Matt Bevin. In 2019, Bevin issued over 400 pardons during his final days in office, including those for individuals convicted of violent crimes and reckless homicide. Supporters, including Representative Mary Beth Imes, argue the restriction is a necessary safeguard to prevent last-minute abuses of authority that undermine the justice system.

Governor Andy Beshear opposes the amendment. While Beshear agreed that Bevin abused the pardon power, he argued that the solution is to hold governors accountable through elections rather than limiting the office's constitutional powers. Opponents, such as former Kentucky Department of Public Advocacy leader Damon Preston, warn that the restriction could prevent governors from intervening in death penalty cases where inmates waive their appeals.