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Const. Amend. – Gubernatorial Clemency

IntroducedHouse
Mark BrodyRepublican

Ref To Com On Rules, Calendar, and Operations of the House2025-02-06

No floor votes recorded.

This bill proposes a constitutional amendment that would require the North Carolina Governor to get approval from a majority of both houses of the General Assembly before granting clemency (pardons, commutations, or reprieves). Currently, the Governor can grant clemency without legislative approval. The amendment would be submitted to voters in November 2026.

  • Supporters argue this change adds important checks and balances to executive power by preventing a single elected official from unilaterally freeing convicted criminals.
  • They contend that requiring legislative approval ensures clemency decisions reflect broader public input and prevents potential abuse or politically motivated releases that could undermine public safety and the justice system.
  • Opponents argue this significantly weakens an important executive power and could make clemency slow or impossible, especially when the legislature is adjourned.
  • They contend that governors need flexibility to grant clemency for cases of injustice or when new evidence emerges, and that requiring legislative approval injects politics into what should be individual mercy decisions based on case merits.

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