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Bill > H64


NC H64

Const. Amend. – Gubernatorial Clemency


summary

Introduced
02/05/2025
In Committee
02/06/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO CHANGE THE NORTH CAROLINA CONSTITUTION TO LIMIT THE GOVERNOR'S AUTHORITY TO GRANT CLEMENCY.

AI Summary

This bill proposes a constitutional amendment to significantly alter the Governor's clemency powers in North Carolina by requiring legislative approval for pardons, reprieves, and commutations. Specifically, the bill would mandate that any clemency decision must receive majority approval from both houses of the General Assembly, with votes recorded by name and entered into each house's official journal. The amendment would also require that clemency can only be granted after a sentence has commenced, and introduces a unique procedural requirement that if the Governor grants clemency when the legislature is not in session, they must reconvene a special session to consider the clemency grant. If the Governor fails to reconvene the session, the clemency grant would automatically fail. The proposed amendment would be placed on the ballot for voter approval during the statewide general election on November 3, 2026, with voters choosing whether to support or oppose the limitation on gubernatorial clemency powers. If a majority of voters approve the amendment, it will become effective immediately upon certification by the State Board of Elections, fundamentally changing the process of executive clemency in North Carolina by introducing a legislative checkpoint for such decisions.

Committee Categories

Government Affairs

Sponsors (9)

Last Action

Ref To Com On Rules, Calendar, and Operations of the House (on 02/06/2025)

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