Voters will decide whether to amend the Kentucky Constitution to limit when a governor may issue pardons or commute sentences.
The proposed amendment would prohibit a governor from granting pardons or commuting sentences beginning 60 days before a gubernatorial election and continuing through the fifth Tuesday after the election.
The ballot question reads:
CONSTITUTIONAL AMENDMENT 1
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?
It is proposed that Section 77 of the Constitution of Kentucky be amended to read as follows:
(1) The Governor shall have power to:
(a) Remit fines and forfeitures; and
(b) Commute sentences and grant reprieves and pardons, except:
1. In case of impeachment; or
2. For the period beginning sixty days prior to the date of the gubernatorial election and ending the fifth Tuesday succeeding the election.
(2) The Governor shall file with each application therefor a statement of the reasons for his or her decision thereon, which application and statement shall always be open to public inspection.
(3) In cases of treason, the Governor shall have power to grant reprieves until the end of the next session of the General Assembly, in which the power of pardoning shall be vested; but he or she shall have no power to remit the fees of the Clerk, Sheriff, or Commonwealth's Attorney in penal or criminal cases.
A “yes” vote would approve the amendment and restrict a governor's ability to issue pardons or commute sentences during the specified period surrounding a gubernatorial election. A “no” vote would leave the governor's existing pardoning powers unchanged.
Currently, the Kentucky Constitution prohibits the governor from exercising these powers in cases of impeachment but does not impose an election-related restriction.
The proposed amendment follows controversial pardons issued by several former governors, many of which were granted near the end of their terms. Former Gov. Matt Bevin issued 661 pardons during the final 95 days of his term. Former Gov. Steve Beshear issued 201 pardons during the same period of his term, while former Gov. Ernie Fletcher issued 93.
The amendment is intended to reduce the number of last-minute pardons issued before a governor leaves office.
By Amy Pike
amy@adairvoice.com
