Constitutional Amendment 1: Limiting the Governor's Ability to Grant Pardons and Commute Sentences
Statewide — all of Kentucky
General election · Tuesday, November 3, 2026
- Legislatively referred constitutional amendment (Senate Bill 10, 2026 Regular Session; Acts Ch. 12), sponsored by Sen. Chris McDaniel and others. The Senate passed it 36-0-1 on January 20, 2026; the House passed it 82-12 with floor amendments on April 1, 2026; the Senate concurred 36-1. The Kentucky Lantern reports McDaniel proposed the amendment for seven years after pardons issued by former Gov. Matt Bevin following his 2019 election loss, and that no issue committees had filed to campaign on the measure.[1][2]
The question 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 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.[3][4]
The bill summary describes the amendment as proposing to amend Section 77 of the Kentucky Constitution to prohibit the Governor from granting pardons or commuting sentences beginning 60 days before a gubernatorial election. The Secretary of State's page and the sample ballot differ slightly on the end date: the question says the period ends "when the Governor is sworn in for that term" while the proposed text of Section 77 says it ends "the fifth Tuesday succeeding the election." The amendment would leave in place the Governor's powers to remit fines and forfeitures and to grant reprieves, and keep the existing exception for cases of impeachment. The Secretary of State states it cannot interpret or give guidance on the amendment. The materials reviewed do not state a fiscal impact.[1][3]
A YES vote means
Amends Section 77 of the Kentucky Constitution so the Governor cannot grant pardons or commute sentences during the period beginning 60 days before the gubernatorial election and ending when the Governor is sworn in (per the question) or the fifth Tuesday after the election (per the proposed text of Section 77).
A NO vote means
Keeps Section 77 unchanged, so the Governor retains the power to grant pardons and commute sentences at any time.
The law today
Section 77 of the Kentucky Constitution now gives the Governor power to remit fines and forfeitures, commute sentences and grant reprieves and pardons, except in case of impeachment; the bill's underlying text adds the exception for the period beginning sixty days before the gubernatorial election and ending the fifth Tuesday after it.[5]
Official fiscal estimate
The Legislative Research Commission's Local Government Mandate Statement (dated 2/2/26 and written for an earlier version of the bill that also amended Section 240) says: “The costs of SB 10 GA to local governments due to adding a constitutional amendment to a ballot would be minimal,” citing vendor estimates, received in early 2020, of roughly $3,500 to $4,500 to add a new category to the Lexington-Fayette ballot (286 precincts). No state fiscal estimate was seen.[6]
Arguments made for
- Sen. Chris McDaniel, the amendment's sponsor, told the Kentucky Lantern: "There is no check on the power to pardon, and so we’ve got to get ourselves to the point where there is a check."[2]
Arguments made against
- Scottie Ellis, a spokesperson for Gov. Andy Beshear, told the Kentucky Lantern in June: "The solution should not be to limit a governor’s pardon powers but to ensure we elect good governors."[2]
On record in support
- Sen. Chris McDaniel (R-Ryland Heights), sponsor, who is campaigning for the amendment; the Kentucky Lantern reports the bill had support from both Republicans and Democrats[2]
On record in opposition
- Gov. Andy Beshear's office (spokesperson Scottie Ellis told the Kentucky Lantern the solution “should not be to limit a governor’s pardon powers”)[2]
Research notes & limits
Question and proposed text are verbatim from the Secretary of State's page and match the Kenton County sample ballot, which labels it 'Constitutional Amendment 1' (the Secretary of State page does not number it). The official ballot question and the proposed Section 77 text describe the end of the blackout period differently (sworn in vs. fifth Tuesday after the election); both are reported as printed. No issue committees had registered; one quoted statement per side, from the Kentucky Lantern reprinted by NKyTribune. The legislature's fiscal impact statement link exists on the bill page but was not opened. The LRC mandate statement refers to amending Sections 77 and 240, an earlier version; the final bill amends Section 77 only. No issue committee had filed, so no campaign finance data.
Sources · 6
Researched 2026-10-19. Green citations are official government records.
- 1.2026 Regular Session, Senate Bill 10 · Kentucky General Assembly · 2026-04-01 Official record
- 2.Sen. Chris McDaniel is crossing Kentucky to advocate for only constitutional amendment on ballot · Kentucky Lantern (via NKyTribune) · 2026-10-17 News report
- 3.2026 Constitutional Amendments · Kentucky Secretary of State Official record
- 4.Official Ballot, General Election, Kenton County, KY (sample ballot) · Kenton County Clerk Official record
- 5.SB 10 (2026 Regular Session), engrossed text · Kentucky Legislative Research Commission Official record
- 6.SB 10 (2026): Local Government Mandate Statement · Kentucky Legislative Research Commission Official record