Kentucky Voters to Decide Pardon Limits Amendment
Amendment 1 would bar the governor from pardons and sentence reductions for 60 days before an election through the next inauguration.
Updated on Nov. 2, 2026 in Criminal Justice
Live Poll
Should Kentucky's governor keep unlimited power to pardon people before elections?
Kentucky voters will decide Amendment 1 to Section 77 of the Kentucky Constitution on the 2026 midterm ballot, tomorrow, November 3, 2026. The change would prohibit the governor from granting pardons or reducing sentences during the 60 days before the governor's election through the next inauguration.
Why it matters
Section 77 has remained unchanged for 135 years, and the amendment would also update its wording to be more gender neutral. Sen. Chris McDaniel, who has filed versions of the measure six times since 2020, says it is intended to introduce accountability into the justice system.
The Kentucky Constitution currently lets the governor pardon anyone except in impeachment cases, and Amendment 1 would carve out a 60-day pre-election window with no clemency. The source does not report any early voting figures or projected turnout for the measure.
The players
Chris McDaniel
Kentucky state senator who has filed a version of this amendment six times since 2020 and says it is intended to bring accountability to the justice system.
Matt Bevin
Former Kentucky governor whose 2019 pardon of more than 400 people in his final days in office prompted renewed scrutiny of the state's clemency powers.
The details
Amendment 1 would appear on ballots under the title Amendment 1, and polls are open from 6 a.m. to 6 p.m. on the day after publication. Recent context includes a CBS News investigation finding that Trump-era pardons and sentence reductions cost crime victims at least $119 million in owed compensation, and former Governor Matt Bevin's 2019 pardon of more than 400 people in his final days in office.
Timeline
135 years ago: Section 77 of the Kentucky Constitution was implemented.
2019: Former Governor Matt Bevin pardoned over 400 people in his final days in office.
2020: McDaniel began filing versions of this amendment.
November 3, 2026: Polls open from 6 a.m. to 6 p.m. for the midterm vote.
Criminal Justice Context
The proposed blackout would revise Section 77 of the Kentucky Constitution, which has stood unchanged for 135 years and grants the governor broad pardon power outside impeachment. It follows Matt Bevin's 2019 mass pardons, which drew attention to how clemency is used at the end of an administration.
Kentucky voters can cast a ballot on Amendment 1 at polls open from 6 a.m. to 6 p.m. on November 3, 2026. The measure would take effect only if approved, and it would bar the governor from granting pardons or reducing sentences during the 60 days before the governor's election through the next inauguration.
The takeaway
Kentucky voters will decide whether to restrict the governor's clemency power in the weeks before an election, a change to a constitutional provision unchanged for 135 years. The outcome will show how voters weigh accountability in the justice system against the governor's traditional pardon authority.
What happens next
Voters decide Amendment 1 on November 3, 2026, when polls close at 6 p.m.
Further reading
For more on the legal system this measure would reshape, see Criminal Justice coverage.
Live Poll
Should Kentucky's governor keep unlimited power to pardon people before elections?
