Kentucky voters will vote on dozens of federal, state, and local races when they head to the ballot box this fall—and maybe also change the state constitution.
Kentucky is no stranger to a constitutional amendment. We’ve had a few major ones in recent memory, like Amendment 2 in 2022 which asked whether the state constitution should address abortion rights and Amendment 2 in 2024 which dealt with whether public dollars could go to private schools. (Both were defeated.)
But other constitutional amendment attempts in Kentucky have flown under the radar, like this year’s Amendment 1 to limit when Kentucky’s governor can issue pardons or commute sentences.
What is Kentucky’s 2026 Amendment 1?
Kentucky voters only have one constitutional amendment on their 2026 ballots.
Constitutional Amendment 1 deals with the governor’s ability to pardon people or commute someone’s sentence—basically, the governor’s ability to legally forgive or absolve people for their criminal convictions or shorten their sentence for said convictions.
Constitutional Amendment 1 seeks to restrict Kentucky’s governor from issuing pardons and commutations from 60 days before the general election when the governor will be elected until the day the governor is sworn in. So, a Kentucky governor would be blocked from their normal pardon powers from about early September until mid-December of the years their elections take place.
Kentucky governors serve four-year terms. Their pardon powers for the rest of their terms would not be impacted.
What does a ‘yes’ vote mean on Kentucky’s 2026 Amendment 1?
A ‘yes’ vote on Constitutional Amendment 1 would limit the governor’s ability to pardon people and commute sentences.
A ‘no’ vote would allow Kentucky governors to use their pardon powers whenever they choose.
What exactly does Kentucky’s 2026 Amendment 1 say?
Be warned: Kentucky constitutional amendments do require a fair amount of legalese, but here’s exactly what will show up on your ballot. The most important part to understand is the first paragraph:
“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.”
Why is Kentucky (maybe) restricting the governor’s pardon power?
It is normal for Kentucky governors to hold off on using their pardon power until their last moments in office. No other state puts timing restrictions on when their governors can issue pardons or commute sentences.
So, why is Kentucky considering doing this?
Blame former Kentucky Gov. Matt Bevin.
In 2019, Bevin narrowly lost his reelection bid to now-Gov. Andy Beshear by about 5,000 votes—that’s just 0.4 percentage points.
In the time between Election Day and Beshear’s inauguration in mid-December, the Republican issued more than 400 pardons and commutations. In the full 95-day timeframe outlined in Constitutional Amendment 1, Bevin issued 661 pardons.
For reference, former Gov. Steve Beshear, a Democrat, issued 201 pardons in his eight years in office and former Gov. Ernie Fletcher, a Republican, issued 93 pardons in his four years in office. All of those took place in the final three months of their tenure.
But the issue with Bevin’s 2019 pardon spree wasn’t just the sheer quantity of them; it was who he was pardoning. Those granted clemency included a child rapist and multiple murderers, including one whose family hosted a political fundraiser for Bevin.
Some Republicans in the state legislature, led by Northern Kentucky Republican Sen. Chris McDaniel, have been pushing to limit future governors from being able to do the same thing since then. The proposed constitutional amendment passed through the legislature after years of trying earlier this year, with Kentucky voters having the final say this fall.
“This is not about one governor or one political party,” McDaniel said in a recent statement. “It addresses a structural weakness that allows a governor to override the outcome of our justice system at the point when public accountability is at its lowest.
“Former Governor Matt Bevin’s actions are enough evidence of the need for this reasonable reform, and why we should never allow this structural weakness to be exploited again,” he continued.
But why did it take six years to get the bill through the legislature and onto Kentucky ballots? 2026 is the last chance to amend the constitution and restrict late-term gubernatorial pardons before Beshear exits office in late 2027.
Kentucky’s Republican-dominated legislature has repeatedly crafted legislation to restrict the Democratic governor’s powers during Beshear’s two terms in office. If this constitutional amendment is approved, Beshear would be blocked from pardoning people at the time most governors issue their pardons: during their final weeks in office.
What to know about Kentucky’s 2026 elections
Election Day is Nov. 3, with no-excuse, in-person early voting running from Oct. 29 to Oct. 31.
On top of the constitutional amendment, Kentucky voters will cast votes for US Senate, US Congress, state legislative seats, and a variety of local races like school board and local leaders.
