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Committee backs constitutional amendment to limit gubernatorial pardons near elections
Summary
The Senate committee approved a committee substitute for Senate Bill 126 that would extend the period before a gubernatorial election during which the governor cannot issue pardons, and the measure was reported favorably after a roll call with several members voting yes and one member passing.
Senate Bill 126, a proposed change to the state constitution that would restrict a governor's power to grant pardons in the period immediately before an election, cleared the committee on a favorable vote.
The measure, presented to the committee by State Senator Chris McDaniel, would lengthen the pre-election period during which a governor is barred from issuing pardons from 30 days to 60 days. "The power to pardon still exists for 3 years and 9 months out of every gubernatorial term," McDaniel said, arguing the change would increase accountability to voters. He described the measure as "a very common sense measure" intended to prevent last-minute pardons by executives.
The bill's sponsor said the change is narrowly targeted: the measure removes the ability to pardon during a longer pre-election window while leaving the pardon power intact for the remainder of the term. McDaniel told the committee that the measure has been before the committee since February 2020 and that, because it would amend the constitution, it must pass both chambers with a constitutional supermajority before being placed on the ballot in 2026.
Senator Harry expressed sympathy for victims and acknowledged the goal of accountability but said he remained undecided and worried the change could have a "chilling effect" on the pardon process for people who have successfully reentered the community after serving time. "My concern is having something like this, would it then create a chilling effect or, decrease the amount of pardons," he said.
After discussion the committee adopted a committee substitute and the bill was put to roll call. The clerk recorded a majority of votes in favor and one member indicated she would "pass" during the roll call. Senator McDaniel asked to "explain my vote" after voting yes, noting the constitutional-amendment process. Chair Nimitz announced that Senate Bill 126, as adopted by the committee substitute, passed with a favorable expression.
Votes at a glance: Senate Bill 126 — committee substitute adopted; committee reported the bill favorably. Recorded votes include yes votes from Senators Rocky Adams, Chambers Armstrong, Elkins, Maiden, Mays Bledsoe, Chris McDaniel, Mills, Rawlings and Tishner; Senator Herron recorded a pass/abstention during the roll call. The measure must still clear both chambers by the required constitutional majority and then be placed before voters.
The committee did not set an implementation timeline; McDaniel stated the change would appear to voters only after the two-chamber approval required for constitutional amendments.
