Kentucky Voters to Decide Constitutional Amendment 1 on November 3: Limiting the Governor's Clemency Powers Around Elections

Kentucky voters will decide on November 3 whether to amend the state constitution to limit the governor's clemency powers around elections. Constitutional Amendment 1 would bar the governor from granting pardons or commuting sentences during the period beginning 60 days before the gubernatorial general election and ending on the fifth Tuesday after the election, when the governor is sworn in for the new term; the governor's clemency powers would remain unchanged for the rest of the term. The proposal stems from December 2019, when former Governor Matt Bevin, just before leaving office, issued hundreds of pardons and commutations, including a full and unconditional pardon for a man convicted of homicide and other crimes, sparking widespread controversy. The amendment's sponsor, state Senator Chris McDaniel, said Bevin's clemency actions were an abuse of power and called the amendment a common-sense measure to rein in the pardon power and restore a check and balance. Governor Andy Beshear is among the skeptics; his spokesperson said the solution should not be to limit a governor's pardon powers but to ensure voters elect good governors. Damon Preston, who led the Kentucky Department of Public Advocacy for nearly a decade, also opposes the amendment, raising concerns that in cases where a death row inmate waives appeals, a governor would be unable to intervene during the restricted period. If approved, the limit would apply to the transition periods around future gubernatorial elections.
Published by GSM · USA (original Chinese edition)
Photo: 图:Wikimedia Commons(TEDD LiGGETT 摄影,CC BY-SA 4.0);图中为位于 Frankfort 的肯塔基州议会大厦。

