Rebuking Bevin, Kentucky Senate approves limit on governor’s power to issue pardons
The Kentucky Senate approved a constitutional amendment Wednesday to limit when a governor can issue pardons, a rebuke of Republican Gov. Matt Bevin’s decision to sign a flurry of controversial pardons for convicted murderers, rapists and child pornographers in his last days in office.
The Senate voted 33-4 to send Senate Bill 58 to the House.
The bill, sponsored by Republican Sen. Chris McDaniel of Taylor Mill, would prohibit a governor from granting pardons or commuting sentences beginning 30 days before a gubernatorial election and in the 30 days afterward before the next governor is sworn in.
McDaniel said the measure would make a governor more accountable to voters.
Sen. Morgan McGarvey, D-Louisville, was unsuccessful in trying to amend the bill. He proposed an exception to the pardon prohibition for prisoners sentenced to death within 60 days of their scheduled execution date.
McDaniel argued it was not necessary since governors set execution dates. The proposed amendment was defeated on a voice vote. McGarvey still voted for the bill.
Sen. Robin Webb, D-Grayson, voted against it, saying it is “a dangerous path to go down” in promoting changes to Kentucky’s Constitution.
If the House approves the bill, voters would decide its fate at the polls in November. A governor has no control over constitutional amendments.
Bevin’s pardons generated outrage among crime victims and prosecutors. One of the most outspoken was Kenton County Commonwealth’s 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.
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.
Bevin said he did his best to reach just and fair decisions.
The Kentucky Senate now has signed off on three constitutional amendments. Only four can appear on a ballot. Traditionally, the House has chosen two and the Senate two. Stivers said leaders in both chambers will have to discuss and decide what four they want on this fall’s ballot.
