UNOFFICIAL COPY 25 RS BR 1308
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AN ACT proposing to amend Section 77 of the Constitution of Kentucky relating to 1
limiting the Governor's ability to grant pardons. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. Are you in favor of limiting the Governor's ability to grant pardons 4
by prohibiting him or her from granting pardons to persons that have not yet been 5
convicted of a crime, unless the person is currently being investigated or prosecuted in 6
connection to a crime, by amending the Constitution of Kentucky as stated below? 7
Section 2. It is proposed that Section 77 of the Constitution of Kentucky be 8
amended to read as follows: 9
(1) The Governor[He] shall have power: 10
(a) To remit fines and forfeitures; and[,] 11
(b) Commute sentences and[,] grant reprieves and pardons, except: 12
1. In case of impeachment; or[,] 13
2. To persons who have not yet been convicted of a crime, unless: 14
a. The person is currently being investigated in connection to a 15
crime; or 16
b. The person is currently being prosecuted for a crime. 17
(2) The Governor[and he] shall file with each application therefor a statement of 18
the reasons for his or her decision thereon, which application and statement 19
shall always be open to public inspection. 20
(3) In cases of treason, the Governor[he] shall have power to grant reprieves until 21
the end of the next session of the General Assembly, in which the power of 22
pardoning shall be vested; but he or she shall have no power to remit the fees 23
of the Clerk, Sheriff or Commonwealth's Attorney in penal or criminal cases. 24
Section 3. This amendment shall be submitted to the voters of the 25
Commonwealth for their ratification or rejection at the time and in the manner provided 26
for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 4 and 5 27 UNOFFICIAL COPY 25 RS BR 1308
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of this Act. 1
Section 4. Notwithstanding any provision of KRS 118.415 to the contrary, the 2
Secretary of State shall cause the entirety of the question in Section 1 of this Act and the 3
entirety of the proposed amendment to the Constitution of Kentucky contained in Section 4
2 of this Act to be published at least one time in a newspaper of general circulation 5
published in this state, and shall also cause to be published at the same time and in the 6
same manner the fact that the amendment will be submitted to the voters for their 7
acceptance or rejection at the next regular election at which members of the General 8
Assembly are to be voted for. The publication required by this section and KRS 118.415 9
shall be made no later than the first Tuesday in August preceding the election at which 10
the amendment is to be voted on. 11
Section 5. Notwithstanding any provision of KRS 118.415 to the contrary, the 12
Secretary of State, not later than the second Monday after the second Tuesday in August 13
preceding the next regular election at which members of the General Assembly are to be 14
chosen in a year in which there is not an election for President and Vice President of the 15
United States, or not later than the Thursday after the first Tuesday in September 16
preceding a regular election in a year in which there is an election for President and Vice 17
President of the United States, shall certify the entirety of the question in Section 1 of this 18
Act and the entirety of the proposed amendment to the Constitution of Kentucky 19
contained in Section 2 of this Act to the county clerk of each county, and the county clerk 20
shall have the entirety of the question and the amendment, as so certified, indicated on 21
the ballots provided to the voters in paper or electronic form as applicable to the voting 22
machines in use in each county or precinct. 23