Kentucky ballot measure · November 3, 2026
Kentucky Constitutional Amendment, explained
Limiting the governor's pardon power around a gubernatorial election. A ballot measure is a yes-or-no question put directly to voters — no candidate is involved, and the wording on the ballot is the wording that becomes law. This page shows that wording first, then what it actually changes.
The official wording
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.
This is what appears on the ballot. Everything below explains it.
What it actually means
Kentucky governors can pardon anyone at any time; the only current exception is impeachment. In practice most pardons have come at the very end of a term. This amendment would close a window: from 60 days before the gubernatorial election until the fifth Tuesday after it — roughly the period ending when the next governor is sworn in — a governor could not pardon anyone or commute a sentence. Outside that window the power would be unchanged.
If you vote YES
- Section 77 would bar the governor from granting pardons, reprieves or commutations for the period beginning 60 days before the gubernatorial election and ending the fifth Tuesday after it.
- The existing exception for impeachment cases stays, as does the requirement that the governor file a public statement of reasons with each application.
- The governor's pardon power would be unaffected at every other point in the term, and the treason provision in subsection (3) is unchanged.
- The section's wording would also be made gender-neutral.
- Kentucky would be the first state to restrict the timing of gubernatorial pardons around an election.
If you vote NO
- Section 77 would keep its current form: the governor may remit fines and forfeitures, commute sentences, and grant reprieves and pardons at any time, with impeachment the only exception.
- End-of-term pardons would remain possible. Gov. Matt Bevin issued 661 of his 703 pardons and commutations in the last 95 days of his term; Gov. Steve Beshear issued all 201 of his pardons in that window; Gov. Ernie Fletcher issued all 93 of his in that window.
- The existing transparency requirement — a public statement of reasons filed with each application — would continue to be the only check on the power apart from impeachment cases.
Why supporters say YES
"My message to Kentucky voters is simple: If you were outraged by the heinous late-hour pardons of the past, take those motivations to the ballot box. Let's reform our state constitution to better respect the will of Kentucky's justice system."
— State Sen. Chris McDaniel (R-Ryland Heights), sponsor of Senate Bill 10
"A pardon is one of the most extreme actions the government can take," and it should not be exercised by a governor on the way out the door, when voters can no longer respond.
— State Sen. Chris McDaniel (R-Ryland Heights), quoted by WKMS
Why opponents say NO
"The solution should not be to limit a Governor's pardon powers but to ensure we elect good governors."
— Scottie Ellis, spokesperson for Gov. Andy Beshear (D)
"Limiting the authority of governors' power in this particular way will erode an important safety valve in an imperfect judicial system."
— Eric King, spokesperson, ACLU of Kentucky
What’s genuinely uncertain
- The amendment does not address clemency petitions already pending when the blackout window opens, or what happens to a case where a deadline — such as an execution date — falls inside the window.
- No committee has registered to support or oppose the amendment and Ballotpedia has located no campaign; the arguments above come from the sponsor, the governor's office and the ACLU of Kentucky.
- The vote was not on party lines. The Senate passed it 36-0 and the House 82-12, with almost all voting Republicans in favour and voting Democrats split roughly evenly.
- No fiscal note for the amendment was located.
- Because the blackout runs from 60 days before the election to the fifth Tuesday after it, its exact end date shifts with the calendar rather than being tied explicitly to inauguration day, although the ballot question describes it as ending when the new governor is sworn in.
The bottom line
Whether to close off pardons and commutations for about three months around a gubernatorial election; supporters point to governors clearing hundreds of cases on the way out of office, opponents say clemency is a safety valve for an imperfect court system and the answer is who gets elected, not a new constitutional limit.
One neutral sentence describing the tradeoff — not a recommendation.
Checking it against the official text
The Kentucky State Board of Elections publishes the certified measures and, in most states, an official voter guide with fiscal notes. That is the authoritative version. Everything here is an explanation of it, not a substitute for it.
Confirm this with the official source
Your ballot is determined by your election authority, not by us. Verify your registration, precinct, and sample ballot at Kentucky State Board of Elections.
Candidates on the same ballot
- U.S. Senate election in Kentucky
- Kentucky's 1st congressional district
- Kentucky's 2nd congressional district
- Kentucky's 3rd congressional district
- Kentucky's 4th congressional district
- Kentucky's 5th congressional district
- Kentucky's 6th congressional district