Kentucky Senate Advances Constitutional Amendment to Limit Gubernatorial Pardons Near Elections
What voters need to know, why it matters, and where to find relevant resources
Earlier this month in Frankfort, the Kentucky Senate unanimously approved Senate Bill 10 (SB 10), a proposed constitutional amendment that would restrict a governor’s ability to grant pardons or commute sentences beginning 60 days before a gubernatorial election and continuing until the next governor is sworn in. The amendment passed the Senate 36-0-1, clearing a critical legislative hurdle and moving next to the Kentucky House of Representatives. If both chambers approve it by the constitutionally required supermajority, the proposed amendment would be placed before Kentucky voters on the statewide ballot.
The full text and history of SB 10 are available through the official legislative archive:
Kentucky General Assembly — Senate Bill 10:
https://apps.legislature.ky.gov/record/26rs/sb10.html?ref=forwardky.com
What SB 10 Would Do
Under current Kentucky law, governors have broad clemency powers allowing them to issue pardons or commute sentences throughout their term. SB 10 would amend Sections 77 and 240 of the Kentucky Constitution to insert a limited window during which these powers could not be exercised — specifically the 60 days before a general gubernatorial election and continuing through the transition until inauguration.
The amendment’s sponsors argue that this change reduces political pressure and controversy around high-profile clemency decisions near elections, addressing criticisms that outgoing governors have used pardons in ways perceived as partisan or opaque, as occurred following the 2019 gubernatorial transition.
Why It Matters
This proposed change is not just about clemency policy; it alters the constitutional balance of executive authority in Kentucky. Limiting the timing of pardons and commutations permanently ratifies a new constraint on executive power. Depending on one’s perspective, this could either strengthen accountability or constrain a governor’s capacity to address injustices throughout a term.
It also reflects a broader trend in state politics where institutional power contests are increasingly resolved through constitutional amendments and procedural rules rather than ordinary statute, hardening structures that outlast individual officeholders.
How the Amendment Gets to the Ballot
Under Kentucky law, a constitutional amendment must be approved by at least 60 percent of legislators in one session of the General Assembly in each chamber to be referred to voters at a general election. Once referred, a simple majority of voters must approve the amendment for it to become part of the state constitution.
Details on the amendment process are in Kentucky’s constitution (Section 256) and summarized here:
Ballotpedia — Kentucky Limit Gubernatorial Pardons and Commutations Near General Elections Amendment (2026):
https://ballotpedia.org/Kentucky_Limit_Gubernatorial_Pardons_and_Commutations_Near_General_Elections_Amendment_(2026)
Voter Resources
If SB 10 reaches the ballot, here are official and impartial resources Kentuckians can use to engage with the process and make informed decisions:
Kentucky State Board of Elections — Voter Information Portal
Provides registration deadlines, polling locations, sample ballots, and absentee ballot instructions:
https://vrsws.sos.ky.gov/ovrweb/govoteky
Kentucky General Assembly — Bill Tracking
Follow SB 10’s progress through committees and votes in both chambers:
https://apps.legislature.ky.gov/record/26rs/sb10.html?ref=forwardky.com
Ballotpedia — Kentucky Ballot Measures
A non-partisan overview of election measures and how they work:
https://ballotpedia.org/Kentucky_2026_ballot_measures
Civic and Advocacy Context
At present, there are no major statewide advocacy campaigns publicly organized for or against SB 10 (as of this writing), and Ballotpedia notes that constitutional amendments targeted for 2026 had not yet appeared on the certified ballot. That highlights the importance of tracking the measure’s legislative progress if you plan to organize or engage with civic groups.
What You Can Do Next
This amendment is moving through the legislature now and could appear on the statewide ballot. Engagement at this stage matters.
1. Track the bill’s progress
Follow SB 10 as it moves through the Kentucky House so you know when key votes and committee hearings occur.
Official bill page and vote history:
https://apps.legislature.ky.gov/record/26rs/sb10.html
Why this matters: constitutional amendments often advance quietly. Visibility is one of the few accountability tools available before voters see a ballot question.
2. Contact your state representative
If SB 10 reaches the House, representatives will determine whether it advances to the ballot. Constituents can ask clear, process-focused questions such as:
How do you evaluate changes to constitutional executive powers?
What safeguards should exist to prevent political misuse of clemency without eliminating access to relief?
How should voters be informed if this reaches the ballot?
Find your representative and contact information here:
https://apps.legislature.ky.gov/findyourlegislator/findyourlegislator.html
3. Prepare for the ballot question
If SB 10 is referred to voters, the ballot language will be brief and technical. Begin reviewing how constitutional amendments work in Kentucky and how to read ballot questions critically.
Kentucky constitutional amendment process overview:
https://apps.legislature.ky.gov/Law/Constitution/Constitution/ViewConstitution
Nonpartisan ballot measure explanations:
https://ballotpedia.org/Kentucky_2026_ballot_measures
4. Share context, not slogans
If you discuss this issue publicly, focus on structure and long-term impact rather than personalities. Useful framing questions include:
What executive powers should be time-limited by constitution rather than statute?
How do procedural reforms shape access to justice over time?
What precedents does this set for future power constraints in Kentucky?
This helps keep the conversation grounded in democratic governance rather than partisan reflex.
5. Stay engaged beyond this amendment
SB 10 is part of a broader pattern in which institutional power disputes are increasingly resolved through constitutional and rule changes. Watching these moments collectively matters as much as tracking any single amendment.
If you care about the long-term shape of Kentucky’s democracy, these are the decisions worth following closely.