UNOFFICIAL COPY 25 RS BR 907
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AN ACT proposing to amend Sections 77 and 240 of the Constitution of Kentucky 1
relating to limiting the Governor's ability to grant pardons and commute sentences. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. Are you in favor of limiting a Governor's ability to grant pardons or 4
commute sentences by prohibiting him or her from granting pardons or commuting 5
sentences during the time period beginning 30 days prior to the general election at which 6
the Governor is elected, and ending the fifth Tuesday succeeding the election by 7
amending the Constitution of Kentucky as stated below? 8
Section 2. It is proposed that Section 77 of the Constitution of Kentucky be 9
amended to read as follows: 10
(1) The Governor[He] shall have power: 11
(a) To remit fines and forfeitures; and[,] 12
(b) Commute sentences and[,] grant reprieves and pardons, except: 13
1. In case of impeachment; or[,] 14
2. For the period beginning thirty days prior to the date of the gubernatorial 15
election and ending the fifth Tuesday succeeding the election. 16
(2) The Governor[ and he] shall file with each application therefor a statement of 17
the reasons for his or her decision thereon, which application and statement shall always 18
be open to public inspection. 19
(3) In cases of treason, the Governor[he] shall have power to grant reprieves until 20
the end of the next session of the General Assembly, in which the power of pardoning 21
shall be vested; but he or she shall have no power to remit the fees of the Clerk, Sheriff 22
or Commonwealth's Attorney in penal or criminal cases. 23
Section 3. It is proposed that Section 240 of the Constitution of Kentucky be 24
amended to read as follows: 25
The Governor shall have power, after five years from the time of the offense, to 26
pardon, pursuant to Section 77 of this Constitution, any person who shall have 27 UNOFFICIAL COPY 25 RS BR 907
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participated in a duel as principal, second or otherwise, and to restore him or her to all 1
the rights, privileges and immunities to which he or she was entitled before such 2
participation. Upon presentation of such pardon the oath prescribed in Section 228 shall 3
be varied to suit the case. 4
Section 4. This amendment shall be submitted to the voters of the 5
Commonwealth for their ratification or rejection at the time and in the manner provided 6
for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 5 and 6 7
of this Act. 8
Section 5. Notwithstanding any provision of KRS 118.415 to the contrary, the 9
Secretary of State shall cause the entirety of the question in Section 1 of this Act and the 10
entirety of the proposed amendment to the Constitution of Kentucky contained in 11
Sections 2 and 3 of this Act to be published at least one time in a newspaper of general 12
circulation published in this state, and shall also cause to be published at the same time 13
and in the same manner the fact that the amendment will be submitted to the voters for 14
their acceptance or rejection at the next regular election at which members of the General 15
Assembly are to be voted for. The publication required by this section and KRS 118.415 16
shall be made no later than the first Tuesday in August preceding the election at which 17
the amendment is to be voted on. 18
Section 6. Notwithstanding any provision of KRS 118.415 to the contrary, the 19
Secretary of State, not later than the second Monday after the second Tuesday in August 20
preceding the next regular election at which members of the General Assembly are to be 21
chosen in a year in which there is not an election for President and Vice President of the 22
United States, or not later than the Thursday after the first Tuesday in September 23
preceding a regular election in a year in which there is an election for President and Vice 24
President of the United States, shall certify the entirety of the question in Section 1 of this 25
Act and the entirety of the proposed amendment to the Constitution of Kentucky 26
contained in Sections 2 and 3 of this Act to the county clerk of each county, and the 27 UNOFFICIAL COPY 25 RS BR 907
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county clerk shall have the entirety of the question and the amendment, as so certified, 1
indicated on the ballots provided to the voters in paper or electronic form as applicable to 2
the voting machines in use in each county or precinct. 3