By Tom Latek
Kentucky Today
A proposed Constitutional Amendment that would limit a governor’s power to issue pardons and commutations from 60 days before a gubernatorial election through the next inauguration won unanimous passage in the Kentucky Senate on Friday.
The measure, sponsored by Sen. Chris McDaniel, R-Ryland Heights, originally had the ban begin 30 days before the election, but was changed in committee to 60 days at his request, due to the availability of early voting in Kentucky.
McDaniel noted Republican former Gov. Matt Bevin issued hundreds of pardons in the final days of his term, including some to those convicted of rape and murder. He also pointed out former President Biden did the same thing at the end of his term in office, and while there’s nothing that can be done about Presidential pardons, there is something that can be done with those issued by a Kentucky governor.
Speaking on the Senate floor, McDaniel said, “The power to pardon allows one person to override the judgement of police officers, county prosecutors, a grand jury, judge and jury, and in many cases appellate courts and the Supreme Court, and impose his or her unilateral opinion on the scales of justice.”
He told his colleagues he’s heard from many people on the issue. “Based on feedback that I have received from every corner of this state, the people of the Commonwealth find the judicial process with all the participants and safeguards that I described to be superior to the pardoning power of one individual.”
If the amendment is approved by voters, McDaniel added, “There will be no more hiding in the darkness during the last minutes of an administration. There will be no more allowing the rich and powerful to influence the scales of justice without recourse from the citizens of the Commonwealth.”
Senate Bill 126 was approved without dissent and now heads to the House.
McDaniel sponsored similar legislation in 2024 which won easy passage in the Senate but was never acted upon when it reached the House.