Kentucky Senate panel approves one bill that knocks Bevin, one that lifts Beshear
A Senate committee gave initial approval Wednesday to four constitutional amendments, including one that would codify Gov. Andy Beshear’s executive order restoring voting rights to most non-violent felons and one that would restrict the governor’s ability to grant pardons and commutations.
To take effect, constitutional amendments must pass with 60 percent of the vote in both the House and the Senate and win approval from voters on the ballot in 2020.
In response to a flurry of controversial pardons and commutations issued by former Gov. Matt Bevin in the days before he left office — including men convicted of sexual assault, a beheading and possessing child pornography — State Sen. Chris McDaniel proposed a constitutional amendment that would freeze a governor’s ability to grant pardons and commutations from 30 days before a gubernatorial election through the end of their term.
Governors often use their final days in office to grant pardons that could be controversial, when the political ramifications of making those decisions can be ignored. McDaniel, R-Taylor Mill, said the freeze would help hold governor’s accountable to voters.
“There will be no more hiding in the darkness of the last minutes of an administration,” McDaniel said of Senate Bill 58.
The Department of Public Advocacy, which recommended some of the pardons and commutations, has argued that preserving the governor’s unrestrained ability to pardon is essential because it is the only way to correct wrongful convictions in the criminal justice system.
“First and foremost, a pardon is often the only way to free an innocent person,” Preston wrote in an op-ed in the Herald-Leader. “This may sound incredible, but it’s true. Once a person is convicted of a crime, they likely will never again have the opportunity to argue their innocence in court. Appeals and post-conviction challenges are not decided based on guilt or innocence. The U.S. Supreme Court has said that ‘actual innocence’ is not a valid claim to reverse a conviction.”
Bevin’s pardons sparked outrage among crime victims and prosecutors, who spoke out against many of the controversial pardons issued by a governor who did not consult victims or prosecutors before making his decisions. One of the most outspoken prosecutors was Kenton County Commonwealth Attorney Rob Sanders. McDaniel represents part of Kenton County.
Republican leaders in the Senate called for a federal investigation into Bevin’s pardons in December and Kentucky Attorney General Daniel Cameron asked the FBI to investigate Bevin’s pardons in January. When asked if McDaniel thought his constitutional amendment should wait until after any federal investigation has concluded, he said the bill was not about one individual.
“I think those relate to the specific actions of one person and what I’m talking about more address the concern of the office as a whole,” McDaniel said. “So we’ll let those investigations play their course.”
Bevin has defended his pardons in radio interviews and on Twitter. In one instance, he justified his pardon of a man who was convicted of sexually abusing a child by pointing out that the girl’s “hymen was intact,” which is not a scientific way of determining whether someone has experienced sexual abuse. In a 20-tweet thread in December, Bevin said he did his best to reach just and fair decisions.
“Not one person receiving a pardon would I not welcome as a co-worker, neighbor, or to sit beside me or any member of my family in a church pew or at a public event,” Bevin said.
The Senate committee also passed Senate Bill 62, a constitutional amendment that would restore voting rights to former felons that haven’t been convicted of sexual or violent offenses.
Restoring felon voting rights was one of Beshear’s top pledges during his campaign and the concept has gained traction among Republicans who support criminal justice reform.
There is disagreement among supporters, though, over when the rights should be restored. The bill would place that power in the hands of the General Assembly, allowing lawmakers to decide when former felons would get their voting rights back.
Senate Majority Floor Leader Damon Thayer, R-Georgetown, said he thinks there should be a five-year waiting period.
Senate Minority Leader Morgan McGarvey said he is concerned that language in the bill, which excludes felons convicted of “sex offenses, violent offenses and offenses against children,” is too vague to be added to the constitution.
Beshear signed an executive order shortly after his inauguration restoring voting rights for around 140,000 non-violent former felons, but any future governor would be able to rescind Beshear’s executive order unless the constitution is amended.
Beshear said in his inaugural address that he supports restoring felon voting rights because he believes in second chances.
“My faith teaches me to treat others with dignity and respect,” Beshear said. “My faith also teaches forgiveness.”
