Limiting gubernatorial pardon and commutation power around gubernatorial elections (SB 10, 2026 RS; Section 77)
Kentucky publishes no official arguments, yes/no statements, or fiscal notes. The full amended Section 77 text is printed on the ballot after the question.
GAP-FILL 2026-10-10: fiscal_impact quoted verbatim from Kentucky Legislative Research Commission, Local Government Mandate Statement for SB 10 GA (2026 RS, 2/2/26), Part II (https://apps.legislature.ky.gov/recorddocuments/note/26RS/sb10/LM.pdf). Single-sourced (one official document). Local-government mandate statement only; no separate state fiscal note is listed on the bill record.
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. YES NO
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If ratified by voters, SB 10 GA would amend Sections 77 and 240 of the Constitution of Kentucky to limit the Governor’s ability to grant pardons and commute sentences. The Governor would no longer be able to grant pardons or commute sentences for the period beginning sixty days prior to a gubernatorial election and ending the fifth Tuesday following the election. The costs of SB 10 GA to local governments due to adding a constitutional amendment to a ballot would be minimal. Section 256 of the Kentucky Constitution specifies that constitutional amendments are only added to the ballot for the general election in even-numbered years (“next general election for members of the House of Representatives”). Therefore, the constitutional amendment would be submitted to the voters in November, 2026. Balloting and publishing proposed constitutional amendments is a regular duty of county clerks, paid for by the county fiscal court. According to information received in early 2020 from Harp Enterprises, a vendor which provides electronic voting machines to almost 100 Kentucky counties, there are additional programming costs associated with adding a new category (local option question or constitutional amendment) to the ballot on an already scheduled statewide election. For example, the cost to add a new category to the ballot for Lexington-Fayette Urban County Government, with 286 precincts, has recently been estimated at between $3,500 and $4,500, and for Franklin County, with 44 precincts, the cost has been estimated at between $1,700 and $2,500. Ballot printing costs are also a factor in election expenses. If the proposed amendment results in additional pages needed for the ballot, that would be an additional cost to the county clerk’s office.
Not published by the state
Not published by the state
Both columns use the same layout. Text is quoted from the official state guide. Views expressed belong to the argument authors.