Lawmaker to file bill again to limit governor’s pardon power

It was introduced during the 2024 legislative session

FRANKFORT, Ky. (KT) – A northern Kentucky lawmaker said Monday he plans to file legislation during the 2025 General Assembly again that would limit the power of a governor to grant pardons and commutations during a gubernatorial election season.

Sen. Christian McDaniel, R-Ryland Heights, introduced Senate Bill 126 during the 2024 session. The proposed Constitutional Amendment would prohibit the Governor's ability to grant pardons or commute sentences beginning 30 days prior to a gubernatorial election and ending at that gubernatorial inauguration.

The measure passed the Senate 34-2 and when sent to the House was assigned to the Elections, Constitutional Amendments and Intergovernmental Affairs Committee. However, it was never taken up by the panel.

In announcing his intention to file similar legislation, McDaniel said:

"The recent assault by Kurt Smith, a man who was previously pardoned for the heinous murder of his own child, highlights the critical need for my constitutional amendment to limit gubernatorial pardons. This is about ensuring the safety of every Kentuckian and demanding accountability from even those at the highest levels of government. A man convicted of such a monstrous crime was released only to harm another innocent person—this is a direct consequence of former Governor Matt Bevin's actions and an unchecked and unaccountable pardon power. We can no longer allow individuals convicted of such monstrous crimes to be released when such significant risks are still present.”

Bevin, a Republican, issued more than 400 pardons and commutations during his final days in office, after losing his re-election bid to Democrat Andy Beshear.

According to the Lexington Herald-Leader, Smith is accused of attacking a woman with a knife who was cleaning his home. He has been charged with assault in the first degree and is lodged in the Fayette County Detention Center on $25,000 bond.

McDaniel added: "My constitutional amendment proposal is essential to protecting our communities from reckless decisions that put lives at risk and undermine public trust in our justice system.

"When we begin the 2025 Legislative Session in January, I will once again introduce my legislation to place this question before the voters of Kentucky. For the sake of Kentucky families, I strongly urge my colleagues to prioritize this bill in the upcoming 2025 session."