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Kentucky Senate approves amendment limiting governor's pardon power
Summary
The Senate passed Senate Bill 10, a proposed constitutional amendment that would bar governors from executing pardons 60 days before a gubernatorial election and until the next swearing-in; the measure passed on a 36-0-1 vote and will ask Kentucky voters to approve the change. (Proposed amendment references sections 77 and 240 of the Kentucky Constitution.)
The Kentucky Senate on Jan. 20, 2026, voted to approve Senate Bill 10, a proposed amendment to sections 77 and 240 of the Kentucky Constitution that would limit a governor's authority to issue pardons in the period immediately before and during a transition of gubernatorial power. The measure passed by a roll-call margin announced as 36 yays, no nays and one pass.
Senator from Kenton, explaining the measure, said the amendment would "ask the voters of the Commonwealth" whether the pardon power should be restricted so it "cannot be executed 60 days prior to a gubernatorial election and from the election until the swearing in of a new governor or the renewal of a term." The sponsor framed the change as restoring trust in the justice process and said unrestricted pardons "short circuit that system of justice."
The sponsor read examples and testimony about wrongful convictions while arguing for voter review. During the roll-call phase a senator who explained an "aye" vote characterized the existing pardon process as having elements of "pay to play," saying the system has sometimes favored political favoritism over merit in granting clemency.
Under the amendment language presented to the chamber, the electorate would decide whether the constitutional restriction should be adopted; the transcript indicates the measure, as a constitutional amendment, will be presented to voters if it completes the legislative process. The clerk identified the amendment as changing sections 77 and 240 of the state constitution; no implementation details or statutory enforcement provisions were specified on the floor.
The Senate adopted the measure after brief floor statements and explanations of votes. The next steps for a constitutional amendment would follow the constitutionally prescribed process for voter referral and ratification; the transcript did not specify dates or a referendum schedule.
