Kentucky voters to decide limits on governor’s clemency power before elections
Kentucky voters will decide at the 2026 general election whether to limit the governor’s power to grant pardons and commute sentences during the closing weeks of a gubernatorial election and the transition to a new administration.
The proposed constitutional amendment, referred to the ballot by the Kentucky General Assembly, would prohibit a governor from granting a pardon or commuting a sentence beginning 60 days before the general election at which a governor is elected. The restriction would remain in place until the governor-elect is sworn in.
Kentucky’s scheduled general election is Nov. 3, 2026. The Kentucky Secretary of State has published the official ballot language and the related constitutional text for the statewide question.
What the ballot measure would change
The proposal would amend Sections 77 and 240 of the Kentucky Constitution. Its focus is narrow: the timing of gubernatorial clemency actions around an election for governor and the ensuing transfer of office.
Under the proposed language, the governor’s authority to issue pardons or commute sentences would be unavailable during the 60-day period before the gubernatorial general election. That limitation would continue after Election Day until the governor-elect takes the oath of office.
The next gubernatorial term is expected to begin in January 2027, though the official inauguration date controls when the proposed restriction would end. The ballot proposal does not itself establish an implementation date because it would first require voter approval.
A pardon and a commutation are separate forms of clemency addressed in the ballot language. The proposed amendment would cover both during the specified pre-election and transition period.
Where the proposal stands
The General Assembly has referred the constitutional amendment to voters rather than sending it to the governor for approval or veto. As a referred constitutional amendment, it cannot be vetoed by the governor.
The measure is therefore at the ballot-approval stage. It has not taken effect, and the 2026 election result is not yet known. If voters do not approve it, the proposed constitutional changes would not be adopted.
The official legislative record identifies legislative action on constitutional amendments concerning the governor’s pardon power, while the Secretary of State’s elections page provides the ballot language that voters will see for the 2026 constitutional amendments.
Why the timing matters
If approved, the amendment would create a constitutionally defined period in which an outgoing governor could not issue a pardon or commute a sentence. The period would start before voters select the next governor, not only after the election result is known.
It would also extend through the transition between administrations, ending when the governor-elect is sworn in. The proposal would thus alter the governor’s constitutional authority during an election transition, while leaving the ballot question itself to Kentucky voters.
The official ballot materials do not establish how many pardons or commutations might have been affected during prior gubernatorial elections. They also do not identify a particular clemency decision or governor as the subject of the proposal.
What happens next
Voters statewide will consider the amendment in the Nov. 3, 2026 general election. Until that vote occurs, Kentucky’s Constitution has not been changed by the proposal.
Voters considering the question will be deciding whether Sections 77 and 240 should be amended to impose the 60-day pre-election restriction and the additional transition-period restriction on pardons and commutations. The outcome will determine whether those proposed limits become part of the state constitution.
Sources
- 2026 Constitutional Amendments, Kentucky Secretary of State
- Kentucky General Assembly Senate Bills Record, Kentucky General Assembly
- SB 10 — 2026 Regular Session, Kentucky General Assembly