Sen. McDaniel’s Constitutional amendment on timing of pardons gets revised, passed by committee

By Tom Latek
Kentucky Today

A proposed Constitutional amendment that would ban a governor from issuing pardons or commutations from 30 days before a gubernatorial election to the next inauguration passed a Senate committee Wednesday, but not before members approved a change to the measure.

Senate Bill 126, sponsored by Sen. Christian McDaniel, R-Ryland Heights, was approved by the Senate State and Local Government Committee, after a committee substitute was adopted which extends the ban to 60 days before the election. The change recognizes recent years’ legislative efforts to extend early and absentee voting. The suspension period would still end on the day of the next gubernatorial inauguration.

“This proposal is designed to ensure that governors remain accountable to the voters for their actions,” McDaniel said. “While it does not remove the governor’s constitutional authority to issue pardons, it addresses a critical loophole that became evident following the 2019 gubernatorial election.”

McDaniel’s effort stems from the controversial actions of Republican former Gov. Matt Bevin, who issued hundreds of last-minute pardons for individuals convicted of serious crimes after losing the 2019 general election. It’s not just a GOP matter, however. The bill has received additional attention in light of controversial 11th-hour pardons on a national level by former President Joe Biden, a Democrat.

The proposed amendment aims to prevent similar occurrences at the state level by instituting reasonable limitations on the timing of such actions.

SB 126 now heads to the Senate floor.

If passed by both chambers of the General Assembly with the required three-fifths majority, the measure would appear on a future general election ballot for voters to decide. The amendment does not require gubernatorial approval to be placed on the ballot.

To amend the state constitution, a majority of voters must support the amendment. Under the proposed constitutional amendment, voters would be asked on the ballot:

“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 the fifth Tuesday succeeding the election by amending the Constitution of Kentucky?”

This is the second time McDaniel has proposed this measure. In 2024, it passed the Senate 34-2 but was never taken up by the House.