Kentucky: Progress

The Kentucky House has approved (80-14) a proposed constitutional amendment which would automatically restore voting rights for felons, removing the requirement that they obtain a pardon from the governor before they can vote. However, the proposal would not apply to those convicted of murder, first-degree manslaughter, rape, sodomy or a sex offense involving a minor. See story here.

Kentucky: Pardon Reform. Restoration of Rights

About 129,000 Kentuckians cannot vote because of felony convictions. But, those who complete their sentences will be able to have their voting rights restored more easily under changes to the pardon process announced by Gov. Steve Beshear (D). Beshear said he will drop requirements for an essay and three character references - requirements created by the previous Gov. Ernie Fletcher (R). There will also be a revocation of a $2 fee because Beshear says, "This disenfranchisement makes no sense." Corrections officials will help interested felons with pardon applications before their release from prison or jail, and Beshear's office will process more than 1,500 applications left behind by Fletcher, plus 176 new applications filed since January 1. Story here.

Kentucky: To Limit, or Not Limit, the Pardon Power

Gov. Steve Beshear has made no effort to push for a significant plank in his gubernatorial campaign platform: an amendment limiting a governor's pardoning powers. Rep. Darryl Owens (D-Louisville), who sponsored House Bill 5 and chairs the committee that would hear the proposal, says, "I haven't heard from him, but that's not unusual." In January, Brashear promised to "lead" the fight. A spokeswoman said Monday that the Governor remains committed to the bill and will discuss it later.

During the fall campaign, Beshear repeatedly criticized former Gov. Ernie Fletcher for pardoning his entire administration during an investigation of state hiring practices and pledged he would make sure no other governor uses pardons to stop ongoing criminal investigations. Fletcher and 14 others were eventually indicted by a special grand jury, but no one was ever prosecuted for breaking state hiring laws. Story here.

Kentucky: Voting Rights Legislation

House Bill 70 (under consideration) would automatically restore the voting rights of felons - without executive clemency - once they've served their sentences and are no longer on probation or parole. If passed, the bill would restore rights to an estimated 128,000 felons in the State of Kentucky. An amendment to the state constitution, would also have to be approved by voters. Some categories of felons, however, would not automatically have voting rights restored. These would include: those considered "insane," those convicted of treason or bribery during an election, some murder offenses and some crimes involving deviate sexual activity. A House Rules Committee increased the list of exceptions to include those convicted of first-degree manslaughter, first-degree promoting of prostitution or second-degree trafficking in prostitution, trafficking in a controlled substance within 1,000 yards of a school, or manufacturing methamphetamine. An additional amendment under consideration would also require felons to complete a certified civics-review course. See story here.

Kentucky: Pardons Revisited

Today former governor Ernie Fletcher (R) met with victims of domestic violence whom he pardoned before he left office. Fletcher and his wife went over hundreds of cases and picked 21 women from the pile to pardon. Today, he met with some of them for the very first time. Antoinette Johnson spent five years behind bars for killing her boyfriend, whom she says abused her. Tracie English Gomez went in and out of her father’s custody and killed him when he continued to sexually abuse her. Mary Sue Jenkins feared for her daughter’s life and her own when she divorced her husband. She did not kill him, but "put him in the hands of people that did do it.” See full story here and here.

Kentucky (Update)

In a recent post (here), we noted Kentucky appeared to be heading toward limiting the pardon power of the governor. Today, however, the Louisville Courier-Journal reports that House Bill 250 is on its way to the floor without any such provision. It appears that is has been decided that a constitutional amendment would be necessary to limit the governor's power. See complete story here.

Kentucky to Limit Pardon Power?

The governor of Kentucky, Steve Beshear (D), and the State's Executive Branch Ethics Commission have unveiled an ethics agenda that includes a self-imposed limit to a governor’s pardoning power. Beshear has changed the internal procedures so that no one can be pardoned who has not yet been tried and convicted of a crime and whose case has made its way through the entire legal process. Former Governor Ernie Fletcher (R) issued blanket pardons in 2005 in the middle of a criminal investigation into hiring practices by his administration, reigniting the debate over how far a governor's pardon powers should stretch. Fletcher and 14 others were eventually indicted, but none were prosecuted for violating the law. There is also a House Bill under consideration that is sponsored by Rep. Darryl Owens (D-Louisville) and Rep. Rob Wilkey (D-Franklin) which attempts to curtail the governor’s pardoning power. See story here and here.