Kentucky Amendment 1 Explained: Should Governors Lose Pardon Power Around Elections?

What the proposed constitutional change does, why it’s on the ballot, and the arguments on each side

Along with the Senate race and U.S. House contests, every Kentucky ballot on Nov. 3 carries one statewide question. It asks voters whether to limit when a governor can issue pardons and commutations.

What the amendment does

Amendment 1 would prohibit the governor from granting pardons or commuting sentences beginning 60 days before a gubernatorial election and lasting until the fifth Tuesday after it. That’s roughly 60 days before the election plus 35 days after it. The measure amends Section 77 of the state constitution, and that section has never been amended since the constitution was adopted in 1891. The existing exception for impeachment cases stays in place. Ballotpedia Preferred Source +2

A “yes” vote supports the change. A “no” vote keeps current law. theballotbrief

Because Kentucky elects its governor in odd-numbered years, the restrictions wouldn’t take effect until the next gubernatorial cycle. The next governor’s race isn’t until November 2027. wvxu

Why it’s on the ballot

The proposal grew out of former Gov. Matt Bevin’s final days in office. After losing his 2019 reelection bid, Bevin issued hundreds of pardons and commutations, several of which drew widespread criticism. Critics pointed to recipients convicted of murder and child sexual abuse. lex18wkms

The sponsor, Sen. Chris McDaniel, a Republican, pursued the idea for years, beginning in the 2020 session, before it finally passed this year. The Legislature voted on April 1 to send it to voters. McDaniel says the bill passed both chambers by a large bipartisan majority, though several Democrats voted against it. Kentucky voters will decide whether to amend constitution to limit governor’s clemency powers +2

The case for a “yes” vote

Supporters say the pardon power is the one part of the justice system without a check. McDaniel argues that a governor’s clemency powers would remain intact for about three years and nine months of a term and only the lame-duck window and the 60 days before the election would be affected. The 60-day pre-election limit is meant to give voters time to learn about any pardons before they cast ballots, and he argues that a governor who believes clemency is warranted can act earlier and make the case to voters. wkmswkms

Some political observers expect the measure to do well. University of Kentucky political scientist Stephen Voss said voters are likely to support it because of Bevin’s actions, even though controversial pardons aren’t new. spectrumnews1

The case for a “no” vote

Opponents don’t defend Bevin’s pardons, but they question the remedy. Gov. Andy Beshear opposes the amendment and says the answer isn’t to restrict every governor, but to avoid electing someone like Bevin again. lex18

Damon Preston, who led the Kentucky Department of Public Advocacy for nearly a decade, raises two main concerns: wkms

• Capital cases. Kentucky hasn’t carried out an execution in nearly 20 years because of a court order, but there is no permanent ban. If executions resume, Preston says a death row inmate who waives appeals late in a governor’s term could face execution within about five weeks, and the governor couldn’t intervene during the restricted window. wkms

• Politics. Preston argues that clemency after an election lets governors do the right thing in cases where it would be politically costly beforehand. wkms

What else to know

Unlike recent ballot fights, no group is spending significant money to influence this vote. The abortion and school-funding amendments in 2022 and 2024 drew a combined $22 million in ad spending, while McDaniel is campaigning on his own dime. Historically, between 1985 and 2024, Kentucky voters approved 18 constitutional amendments and rejected 10. wkmsballotpedia

How it appears on the ballot

The amendment appears at the end of the ballot, so check both sides. You can read the full text on the General Assembly’s website (SB 10) or at elect.ky.gov. s3