McDaniel's Proposed Constitutional Amendment to Increase Gubernatorial Pardon Accountability Approved by Senate
Senate Bill 126 receives the required three-fifths support in the Senate, qualifies for House consideration
FRANKFORT, Ky. (Feb. 21, 2024) — Sen. Chris McDaniel, R-Ryland Heights, carried Senate Bill 126 (SB 126), his second constitutional amendment, to Senate passage on Wednesday. SB 126 would ask Kentucky voters to consider placing limitations on a governor's issuance of pardons and commutations. It would amend sections 77 and 240 of the Constitution of Kentucky to suspend the pardon and commutation power beginning 30 days before a gubernatorial election and ending the day of the next inauguration.
Sen. Chris McDaniel speaks with LEX 18 News' Karolina Buczek regarding SB 126 following its passage from the Senate State and Local Government Committee meeting. Feb. 14, 2024. Photo Credit: David Hargis, Photographer, Public Information Office, Legislative Research Commission.
"This proposed amendment would ensure that a governor is accountable to the voters for his or her actions," McDaniel said. "It would not take away a governor's ability to issue pardons, but I do think that, in light of what Kentucky experienced at the end of the 2019 gubernatorial election, it would fix a loophole in the system."
McDaniel referred to former Governor Matt Bevin's granted hundreds of controversial pardons in the waning days of his term in office. Many involved convicted rapists and murderers. Those pardons were issued after Kentuckians had already voted in the 2019 general election, which Bevin lost. McDaniel's SB 126 seeks to place reasonable restrictions on a governor's constitutional authority by ensuring pardons are made before an election, increasing an incumbent governor's accountability to voters.
Receiving the required three-fifths majority in the Senate, the bill now qualifies for consideration by the state House of Representatives. Should it receive the required three-fifths support in the House, the measure would be placed on a future general election ballot. Constitutional amendment proposals do not require the support of the governor to be placed on a general election ballot.
If approved by the state House, McDaniel's ballot measure would read: 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 30 days prior to the general election at which the Governor is elected, and ending the fifth Tuesday succeeding the election by amending the Constitution of Kentucky as stated below?
The process of amending the state constitution is outlined in Section 256 of the Constitution of Kentucky.
Visit legislature.ky.gov for more information on McDaniel and to find other proposed legislation from the 2024 Legislative Session.
###
Senator Chris McDaniel, R-Ryland Heights, represents the 23rd Senate District in northern Kenton County. McDaniel is Senate Appropriations and Revenue chair and serves as an ex-officio member of each budget review subcommittee. He is a Senate Licensing and Occupations, and State and Local Government committee member. Additionally, McDaniel serves as a Public Pension Oversight Board member.
Please visit Legislature.ky.gov for more information on Senate Majority Caucus members and the 2024 Legislative Session, such as committee schedules, membership, legislation, and more.
Live legislative coverage is available at KET.org/legislature and via the Legislative Research Commission YouTube channel. Access archived footage of legislative meetings at ket.org/legislature/archives.
Follow the Kentucky Senate Majority Caucus on X, Facebook, and Instagram. You can also find information on caucus members, as well as view press releases from our office, by visiting KYSenateRepublicans.com.