The Kentucky Horse Racing Commission is the state agency responsible for regulating horse racing in the U.S. commonwealth of Kentucky . The agency was established in 1906, making it the oldest state racing commission in the United States.
123-697: The commission consists of fifteen members appointed by the Governor of Kentucky . Three of the members, the secretaries of the Public Protection Cabinet (which oversees the commission), the Tourism, Arts and Heritage Cabinet, and the Economic Development Cabinet serve as ex officio members. Each member serves a four-year term. As the agency overseeing horse racing in the state, the commission holds jurisdiction over
246-434: A merit system that forbade the hiring or firing of state employees for political reasons; his successor, Bert Combs , pushed a new merit system through the legislature, protecting it from abolition by executive order. Despite the presence of the merit system, many governors have been criticized for abusing their appointment power. In 2005, Ernie Fletcher and several members of his administration were indicted for violating
369-535: A 1992 estimate—the office has been historically considered one of the most powerful state executive positions in the United States . Additionally, the governor is given wide discretion in awarding state contracts, further augmenting his influence. In the second half of the 20th century, attempts were made to curb the use of the governor's appointment power for political patronage . During his second term in office, Happy Chandler issued an executive order creating
492-412: A bill, it automatically becomes law after 10 days. In the event that the legislature adjourns to prevent the return of a bill by veto, the bill becomes law three days after the commencement of the next legislative session unless the governor explicitly vetoes it. (With the federal pocket veto, the bill is considered vetoed after ten days if the legislature adjourns.) The 1799 constitution contained, for
615-729: A case occurred in 1813 when Governor Isaac Shelby , a veteran of the Revolutionary War , was asked to lead a band of Kentucky troops to aid William Henry Harrison at the Battle of the Thames . For his service, Shelby received the Thanks of Congress and the Congressional Gold Medal . Among the other powers and responsibilities of the governor that appear in all four constitutions are the power to enforce all laws,
738-650: A challenge to any person or persons to fight in single combat, with a citizen of this State, with a deadly weapon, either in or out of the State". This provision reflected the prevalence of duelling in the South at the time. The gubernatorial oath of office states: I do solemnly swear that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to
861-413: A challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God." The governor's term has been for four years in all four state constitutions. The governor was not term-limited in the 1792 constitution, but in the 1799 constitution, the governor was made ineligible for re-election for seven years following
984-636: A crime of terrorism. The 1954 Constitution of China made provision for amnesties and pardons, both of which were to be powers of the Standing Committee of the National People's Congress . The amnesty or pardon would then be issued by the president. Chairman Mao Zedong and President Liu Shaoqi released the first-time pardon in 1959. The later three constitutions promulgated in 1975, 1978, and 1982 all removed provision amnesty and only kept pardons. In China, pardons are decided by
1107-507: A criminal conviction, such as the ability to contract with the federal government, or eligibility for Canadian citizenship . If an individual in receipt of a pardon is convicted of a new offence, the information may lead to a reactivation of the criminal record for which the pardon was received in CPIC. A pardon does not guarantee entry or visa privileges to another country. Before travelling to another country, individuals must still contact
1230-506: A criminal offense in Canada, or of an offense under a federal act or regulation of Canada, or if they were convicted of a crime in another country and were transferred to Canada under the Transfer of Offenders Act or International Transfer of Offenders Act . Non-Canadian citizens are not eligible for a Canadian pardon unless they were convicted of a crime in Canada. To be eligible for
1353-410: A jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone who is seen as wrongly convicted. Pardons can also be a source of controversy. In extreme cases, some pardons may be seen as acts of corruption by officials in the form of granting effective immunity as political favors. In Australia,
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#17327727332831476-545: A movement began in the House of Representatives to hold a new election for governor. Leaders of the movement, including a young John C. Breckinridge , claimed that Slaughter was only the "acting governor" until a new governor was elected. The call for a new election failed in the House in 1815, but was approved by the House in 1817 only to fail in the Senate. Slaughter served out the rest of Madison's term and in so doing, established
1599-468: A pardon is absolute or this power of pardon shall be exercised by the president on the advice of the Council of Ministers. The pardoning power of the president is not absolute. It is governed by the advice of the Council of Ministers. This has not been discussed by the constitution but is the practical truth. Further, the constitution does not provide for any mechanism to question the legality of decisions of
1722-400: A pardon may implicitly constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in
1845-418: A pardon or record suspension, individuals must have completed all of their sentences and a waiting period . Individuals are considered to have completed all of their sentences if they have: Prior to 2012, following completion of all of their sentences, individuals must have completed a waiting period, as follows: Effective 13 March 2012, the eligibility criteria and waiting periods changed: Applicants for
1968-543: A pardon, the governor file "a statement of the reasons for his decision thereon, which ... shall always be open to public inspection." This requirement was first proposed by a delegate to the 1850 constitutional convention, but it was rejected at that time. Historically, power in Kentucky's executive has been split amongst a variety of elected positions—including Lieutenant Governor , Attorney General , Auditor of Public Accounts , Treasurer , and several commissioners—but in
2091-476: A record suspension must be able to show that they have completed their sentences in full and provide proof of payment. Individuals can apply for a pardon by filling out the application forms available from the Parole Board and by paying a $ 50 pardon/record suspension application fee. In Canada, clemency is granted by the governor general of Canada or the Governor in Council (the federal cabinet) under
2214-422: A special election would be called to fill the office; the lieutenant governor would become the new governor and serve in the interim. In the 1891 constitution, the chain of succession was extended. It mandated that, if the Senate was not in session and therefore did not have an elected Speaker, the secretary of state, or in the event of his inability to qualify, the attorney general, would become acting governor in
2337-424: A specific plan for the upcoming legislative session; the contents of the address often shape the agenda of the session. The state's media outlets devote significant coverage to the governor's actions, and many strong governors have used the media to win support for their agendas and criticize political enemies. Candidates for the office of governor of Kentucky must be at least thirty years of age and have resided in
2460-492: Is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction . A pardon may be granted before or after conviction for the crime , depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting
2583-518: Is a different concept and procedure from that described above, although the phrase "presidential amnesty" ( amnistie présidentielle ) is sometimes pejoratively applied to some acts of parliament traditionally voted upon after a presidential election, granting amnesty for minor crimes. Similar to the United States, the right to grant pardon in Germany is divided between the federal and the state level. Federal jurisdiction in matters of criminal law
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#17327727332832706-468: Is a prerogative of the president which is directly inherited from that of the kings of France. The convicted person sends a request for pardon to the president of the republic. The prosecutor of the court that pronounced the verdict reports on the case, and the case goes to the Ministry of Justice 's directorate of criminal affairs and pardons for further consideration. If granted, the decree of pardon
2829-442: Is elected under our constitution for four years without legal opportunity, regardless of how acceptable his program has been, to put it before the public for approval or rejection. In practical application he must successfully run the legislative gauntlet during the first hurried ninety days he is in office if he is to adopt a program and have an administration worthy of history's harsh pen. The remaining general assembly two years hence
2952-503: Is granted by Supreme Decree of the president of the republic . In Chile's presidential regime, the president is the head of state ; in this capacity, the president has the discretionary power to grant particular pardons and is not obliged to seek opinion or approval from other authorities, although, the granting of pardons is limited by the norms of Law No. 18.050 (1981), and its Regulations (Decree No. 1542 of 1981 on particular pardons), which forbid particular pardons for those convicted of
3075-575: Is held on the first Tuesday after the first Monday in November. The governor and lieutenant governor are inaugurated on the fifth Tuesday after their election. This was changed from the fourth Tuesday after the election by the 1850 constitution. Under Kentucky's first constitution (1792), the Speaker of the Kentucky Senate became acting governor upon the death, resignation, or removal of
3198-496: Is invariably plagued with vicissitudes common to ' lame duck ' tenures. The idea of removing the gubernatorial term limit was first proposed in the 1850 constitutional convention, but was vigorously opposed by some of the state's best known statesmen of the day, including Archibald Dixon , Garrett Davis , Benjamin Hardin , and Charles A. Wickliffe . Not until 1992 was an amendment to the state constitution passed to help ameliorate
3321-434: Is mostly restricted to appeals against decisions of state courts. Only "political" crimes like treason or terrorism are tried on behalf of the federal government by the highest state courts. Accordingly, the category of persons eligible for a federal pardon is rather narrow. The right to grant a federal pardon lies in the office of the president of Germany , but the president can transfer this power to other persons, such as
3444-539: Is regulated in the Criminal Code (article 93, Nº 4º), which deals with the extinction of criminal liability. A pardon "only grants the remission or the commutation of the sentence; it does not remove the condition of having been condemned". The pardon may be either general, when it is granted to all those covered by a specific law passed by qualified quorum in National Congress , or particular, when it
3567-475: Is signed by the president, the prime minister , the minister of justice , and possibly other ministers involved in the consideration of the case. It is not published in the Journal Officiel . The decree may spare the applicant from serving the balance of his or her sentence, or commute the sentence to a lesser one. It does not suppress the right for the victim of the crime to obtain compensation for
3690-602: The Civil War , Magoffin's power was entirely checked by a hostile, pro- Union legislature. With the state's government in gridlock, Magoffin agreed to resign in exchange for being able to name his successor. Lieutenant Governor Linn Boyd had died in office, and the Speaker of the Senate, John F. Fisk, was not acceptable to Magoffin as a successor. Fisk resigned as Speaker, and the Senate elected Magoffin's choice, James Fisher Robinson as Speaker. Magoffin then resigned, Robinson
3813-466: The National Register of Historic Places in 1972, is located at 704 Capitol Avenue in the state capital of Frankfort . It is the second building to serve as the official residence of the governor of Kentucky. The Kentucky Revised Statutes provide that "[t]he Governor shall have the use of the mansion and the furniture therein and premises, free of rent, but the purchase of furniture for
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3936-507: The damages it suffered, and does not erase the condemnation from the criminal record . When the death penalty was in force in France, all capital sentences resulted in a presidential review for a possible clemency. Executions were carried out if and only if the president rejected clemency, by signing a document on which it was written: "decides to let justice take its course". The Parliament of France , on occasions, grants amnesty . This
4059-558: The governors of each state under Article 161. The Constitution of India vests sovereign power in the president and governors. The governance in the centre and states is carried out in the name of the president and governor respectively. The president is empowered with the power to pardon under Article 72 of the Indian Constitution, which says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute
4182-503: The royal prerogative of mercy . Applications are also made to the National Parole Board , as in pardons, but clemency may involve the commutation of a sentence, or the remission of all or part of the sentence, a respite from the sentence (for a medical condition or a relief from a prohibition, e.g., to allow someone to drive who has been prohibited from driving). In Chile , the institution of pardon ( indulto )
4305-564: The "Anti-Relief Party". While not formal political parties—members of both factions still considered themselves Democratic-Republicans—these factions defined the political dialogue of the 1820s in Kentucky. The debt relief issue began under Gabriel Slaughter, who identified with the Anti-Relief Party, but Slaughter's two immediate successors, John Adair and Joseph Desha , were members of the Relief Party. The struggle between
4428-419: The 1799 constitution and was returned to thirty years in the 1891 constitution. A prohibition against any person concurrently holding the office of governor and a federal office appears in the first three state constitutions, but is absent in the state's current charter. Additionally, the 1799 constitution barred a "minister of any religious society" from holding the office. This language was possibly aimed at
4551-774: The Administrative Reorganization Act of 1934 to organize these boards and commissions into seventeen executive departments and seven independent agencies. The General Assembly passed this legislation, giving the executive branch some semblance of structure for the first time. Laffoon's successor, Happy Chandler , called a special legislative session in 1936 seeking passage of another reorganization act. This act abolished several commissions and organized those remaining into ten statutory departments: Finance, Revenue, Highways, Health, Welfare, Industrial Relations, Business Regulation, Conservation, Libraries and Archives, and Mines and Minerals. The Act also created
4674-464: The Commonwealth of Kentucky so long as I continue to be a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of Governor according to law; and I do further solemnly swear that since the adoption of the present Constitution, I, being a citizen of this state, have not fought a duel with deadly weapons within this state, nor out of it, nor have I sent or accepted
4797-610: The Democratic-Republicans split into Jacksonian Democrats (the predecessor of the modern Democratic Party ) and National Republicans (later to become Whigs ). Beginning with the election of Thomas Metcalfe in 1828, the Whigs dominated the governorship until 1851, with John Breathitt being the only Democrat elected during that period. With the collapse of the Whig Party in the 1850s, Democrats took control of
4920-647: The Executive Cabinet, consisting of the constitutional officers and the heads of each of the ten statutory departments. The efficiencies created by Chandler's reorganization allowed him to pay off more than three-quarters of the state's $ 28.5 million debt. Besides effecting the reorganization of the executive branch, the Reorganization Act of 1936 also explicitly empowered the governor to appoint executive department heads and establish, combine, or divide departments as necessary. Later statutes gave
5043-571: The Hong Kong Special Administrative Region shall exercise the following powers and functions ... to pardon persons convicted of criminal offences or commute their penalties". Under the Constitution of India (Article 72), the president of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment . A similar and parallel power vests in
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5166-479: The National Republican Party (later to be called Whigs ) that formed in the 1820s, it is inaccurate to assume the Anti-Relief Party as a whole became National Republicans and the Relief Party became Democrats. The primary factor in determining which party Kentuckians aligned with was their faith in Whig Party founder and native son, Henry Clay . From the election of Thomas Metcalfe in 1828 to
5289-546: The National Standing Committee of the People's Congress and issued by the president. On 23 September 2015, President Abdel Fattah el-Sisi issued a pardon freeing 100 activists, including Al Jazeera journalists Mohamed Fahmy and Baher Mohamed . Pardons and acts of clemency ( grâces ) are granted by the president of France , who, ultimately, is the sole judge of the propriety of the measure. It
5412-728: The PBC can issue, grant, deny, and revoke pardons. In 2012, the Parliament of Canada passed the Safe Streets and Communities Act , which changed many elements of the criminal justice system. The Act replaced the term "pardon" with "record suspension", and the pardon system was similarly changed. A pardon keeps the police record of a conviction separate and apart from other criminal records , and gives law-abiding citizens an opportunity to reintegrate into Canadian society. The Royal Canadian Mounted Police removes all information about
5535-564: The Republicans took control of the state senate for the first time in 1999, approval has become a much more contentious process. The General Assembly failed to pass a budget before the end of its session in both 2002 and 2004. In both cases, the state operated under an executive spending plan drafted by the governor until the legislature could re-convene and pass a budget. In 2005 the Kentucky Supreme Court ruled that
5658-525: The Senate into session to elect a president, who would subsequently become governor. The first instance of gubernatorial succession in Kentucky's history occurred upon the death of Governor George Madison in 1816. Madison was extremely popular as a twice-wounded war hero. He died of tuberculosis just three weeks into his term. His lieutenant governor, Gabriel Slaughter , ascended to the governorship and immediately made two very unpopular appointments. These moves engendered much animosity toward Slaughter, and
5781-618: The United States. Located at 420 High Street in Frankfort, it was listed on the National Register of Historic Places in 1971. Political parties had developed in the United States before Kentucky became a state. Because most early Kentuckians were Virginians , they naturally allied with the Democratic-Republicans , the party of Thomas Jefferson and James Madison ; the latter was a cousin of George Madison,
5904-435: The absence of any instruction, the electors held a runoff vote , wherein most of Todd's electors voted for Garrard, giving him a majority. The secretary of state certified Garrard's election, though Attorney General John Breckinridge questioned the legality of the second vote and Logan formally protested it. Ultimately, Breckinridge determined that he was not empowered by the state constitution to intervene, and Logan gave up
6027-450: The administrations of Brown's two immediate successors, Martha Layne Collins and Wallace Wilkinson , neither of whom was considered a strong executive. The governor is also the most visible state officer and is the center of political attention in the Commonwealth. The official host of the state when dignitaries visit, the governor frequently delivers addresses at various dedications and ceremonies, and appears on national television with
6150-419: The authorities of the country in question to find out what the requirements are to enter that country. Processing of pardons by the Parole Board of Canada generally takes six months for a summary offence and twelve months for an indictable offence . If the Parole Board proposes to deny the application, it can take 24 months to process. Individuals can apply for a pardon if they were convicted as an adult of
6273-464: The beginning of thirty years of true, two-party competition for the governorship in the state. Between 1895 and 1931, five Republicans and six Democrats held the office of governor. Since 1931, however, the Republicans have been unable to preserve this level of parity, and in that period only four of the twenty elected governors have been from the Republican party. Pardon A pardon
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#17327727332836396-484: The challenge. The 1799 constitution changed the method of selecting the governor to direct election by majority vote and prescribed that, in the event of a tie vote, the governor would be chosen by lot in the Kentucky General Assembly. This provision has remained since 1799. After the development of the party system , it became commonplace for political parties to choose their nominees for
6519-570: The chancellor or the minister of justice. In early 2007, there was a widespread public discussion about the granting of pardons in Germany after convicted Red Army Faction terrorist Christian Klar , who was serving six consecutive sentences of life imprisonment, filed a petition for pardon. President Horst Köhler ultimately denied his request. Following a court decision, Klar was released on parole in December 2008. For all other (and therefore
6642-523: The circumstances of the defendant or offense warrant relief. In addition to the prerogative of mercy, Australia has passed legislation that creates additional avenues to seek a pardon, exoneration, reduced sentence, or conditional release. The Parole Board of Canada (PBC) is the federal agency responsible for making pardon decisions under the Criminal Records Act (CRA). Under the CRA,
6765-536: The close of the Civil War until 1895, Kentuckians elected a series of Bourbon Democrats with Confederate sympathies as governor, including two men— James B. McCreary and Simon Bolivar Buckner —who had served in the Confederate States Army . The Democratic dominance was broken by William O'Connell Bradley , who was elected the state's first Republican governor in 1895. Bradley's election marked
6888-445: The commission's decision. The second occurred in 2019 with the horse Maximum Security . Unlike in 1968, where the disqualification occurred days after the race, Maximum Security was disqualified on the day of due to an infraction committed during the race. At the conclusion of the race, the connections of the second-place finisher, Country House filed an objection alleging that Maximum Security had unfairly impeded their horse during
7011-411: The construction of the present governor's mansion, the old governor's mansion became the official residence of the lieutenant governor. Lieutenant governor Steve Henry vacated the mansion in 2002 so it could be renovated; following the renovation, it became a state guest house and official entertainment space for the governor. For many years, the mansion was the oldest official residence still in use in
7134-497: The contentious 1899 gubernatorial election to William S. Taylor, but challenged the results. While the General Assembly was considering the challenge, Goebel was shot. Days later, the General Assembly decided in favor of Goebel, ousting Taylor from office and making Goebel governor. Goebel was sworn in on his sick bed and died two days later. His lieutenant governor, J. C. W. Beckham , succeeded him. 7 men have resigned
7257-573: The conviction for which an individual received the pardon from the Canadian Police Information Centre (CPIC). Federal agencies cannot give out information about the conviction without approval from the minister of public safety . A pardon does not, however, erase the fact that an individual was convicted of a crime. The criminal record is not erased, but it is kept separate and apart from other (non-pardoned) criminal records. A pardon removes disqualifications caused by
7380-460: The creation of a large number of commissions that reported to the governor: During the past century and a half, and especially in the later 20th century, it would have been impossible for state government to operate efficiently without a broadening of executive powers. Through the years the General Assembly has created a myriad of commissions and turned them over to the governor to exercise administrative oversight. ... All of these commissions extended
7503-417: The event of the death, resignation, or removal from office of the sitting governor and lieutenant governor. The secretary of state or attorney general would then be required to call the Senate into session to elect a Speaker, who would subsequently become governor. A 1992 amendment to the state constitution removed the provision under which the lieutenant governor became acting governor when the sitting governor
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#17327727332837626-553: The executive branch throughout 1973 to the extent that, by the end of the year, there were only three program cabinets (Development, Education and the Arts, and Consumer Protection and Regulation) and four additional departments (Human Resources, Justice, Natural Resources and Environmental Protection, and Transportation). By 2002, the executive branch had again grown to fourteen cabinets, but had no additional departments. Shortly after his election in 2003, Governor Ernie Fletcher undertook
7749-432: The executive branch, limited somewhat by the adoption of a merit system for state employees in 1960. Because Kentucky's governor controls so many appointments to commissions, the office has been historically considered one of the most powerful state executive positions in the United States . Additionally, the governor's influence has been augmented by wide discretion in awarding state contracts and significant influence over
7872-467: The expiration of John L. Helm's term in 1851, only one Democrat held the office of governor: John Breathitt, who died a year and a half into his term and was succeeded in office by his lieutenant governor, James Turner Morehead , a National Republican. Following the collapse of the Whig Party in the early 1850s, many former Whigs joined the Know Nothing , or American Party, and Charles S. Morehead
7995-458: The expiration of his term. The provision did not apply to then-sitting governor James Garrard, who was re-elected in 1799. In the 1850 constitution, the period of ineligibility following the expiration of the governor's term was shortened to four years, and it remained so in the 1891 constitution. In 1953, Governor Lawrence Wetherby lamented the challenges presented by the term limit coupled with biennial legislative sessions: A Kentucky governor
8118-500: The first time, the power of the governor to veto legislation; this power was substantially similar to, and probably based upon, that found in the 1792 New Hampshire Constitution and the 1798 Georgia Constitution . The 1891 constitution empowered the governor with a line-item veto , but its use was forbidden on constitutional amendments and laws related to the classification of property for tax purposes. The governor's veto can be overridden by roll-call majority votes of both houses of
8241-563: The governor and state senators were chosen by electors, in a manner similar to the operation of the United States Electoral College . In the 1795 gubernatorial election , Benjamin Logan received 21 electoral votes, James Garrard received 17, Thomas Todd received 14, and John Brown received 1. The constitution did not specify whether election required a plurality or a majority of the electoral votes cast; in
8364-427: The governor by 1972, and duplication of services between departments had created inefficiencies. On January 1, 1973, a plan that Ford had issued in late 1972 took effect, consolidating the departments reporting to him into six program cabinets: Consumer Protection and Regulation, Development, Education and the Arts, Human Resources, Safety and Justice, and Transportation. Ford continued merging departments and reorganizing
8487-449: The governor had no authority to expend funds without legislative approval, and that if legislators failed to pass a budget in the future, only expenditures explicitly authorized in the state constitution could be made. Although the Kentucky constitution designates the governor as the head of the executive branch of state government, it does not specify the means of carrying out that role. Empowered to nominate all constitutional officers by
8610-481: The governor the power to appoint advisory committees on reorganization, appoint deputy heads of divisions, transfer employees and change their responsibilities within the executive branch, and establish general rules of conduct for executive branch members. In the 35 years between the time of Chandler's reorganization and the election of Wendell H. Ford as governor in 1971, the executive branch had again become unwieldy. 60 departments and 210 boards reported directly to
8733-399: The governor was out of the state. Whenever the lieutenant governor became the new governor, the Senate was to elect one of its members to act as Speaker; that individual then became next in the line of gubernatorial succession. A provision of the 1850 constitution added that, if the governor's term had more than two years remaining at the time of his death, resignation, or removal from office,
8856-428: The governor's authority. Among the powers assigned to the governor in the constitution are the ability to grant pardons , veto legislation, and call the legislature into session. The governor serves as commander-in-chief of the state's military forces and is empowered to enforce all laws of the state. The officeholder is given broad statutory authority to make appointments to the various cabinets and departments of
8979-656: The governorship for the duration of the Third Party System , with Charles S. Morehead of the Know Nothing Party being the only exception. The election of Republican William O'Connell Bradley in 1895 began the only period of true two-party competition for the governorship; from Bradley's election through 1931, five Republicans and six Democrats held the office of governor of Kentucky. Since 1931, only four Republicans have served as governor of Kentucky, and no Republican governor has ever been re-elected;
9102-454: The influence of the governor into every phase of human life in the commonwealth, well beyond the limitations of executive power envisioned by delegates to the constitutional convention in 1891. By 1934, the executive branch consisted of sixty-nine boards, commissions, and agencies in addition to the constitutional officers, although the members of these commissions were often the constitutional officers themselves. Governor Ruby Laffoon proposed
9225-443: The last major reorganization of the executive branch to date, reducing the number of cabinets to nine—Justice and Public Safety, Education and Workforce Development, Environmental and Public Protection, Transportation, Economic Development, Health and Family Services, Finance and Administration, Tourism, Arts and Heritage, and Personnel. Because the governor controls so many appointments to commissions—approximately 2,000 according to
9348-415: The last quarter of the 20th century, particularly during the administration of Governor John Y. Brown Jr. from 1979 to 1983. Brown was much less engaged in legislative affairs than his predecessors; he did not seek to influence the selection of the legislature's leadership, and he left on vacation during one of the two legislative sessions of his term. The trend toward a coequal legislature continued under
9471-429: The late 20th century, political power has centralized in the office of Governor. The power of the governor to adjourn the General Assembly for a period of up to four months if the two houses cannot agree on a time to adjourn appears in all four constitutions. The governor is also empowered to convene the General Assembly "on extraordinary occasions". Since the 1799 constitution, the governor has been permitted to call
9594-410: The leaders of their political parties at the state level, Kentucky governors usually control the party's delegations to state and national party conventions. Though given few powers with regard to the legislature, Kentucky governors can exercise a great deal of influence over the General Assembly, often hand-selecting the leadership of both chambers. A move toward a more independent legislature began in
9717-505: The legislature and re-convene it in heavily Republican London, Kentucky following the shooting of William Goebel . Taylor claimed a state of insurrection existed in the capital, but defiant Democrats refused to heed the call to adjourn or to convene in London. The 1891 constitution added a provision that the governor must specify the reason for any specially called legislative session, and that no other business could be considered during
9840-460: The legislature into session somewhere other than the state capital if the capital had, since the last legislative session, "become dangerous from an enemy or from contagious diseases." This was an important provision in the early days of the Commonwealth, when epidemics like smallpox posed a danger to the populace. One notable example of an attempt to employ this power was in 1900 when Republican governor William S. Taylor attempted to adjourn
9963-519: The legislature, although the latter has been waning since the mid-1970s. The history of the office of Governor is largely one of long periods of domination by a single party, though different parties were predominant in different eras. Federalists were rare among Kentuckians during the period of the First Party System , and Democratic Republicans won every gubernatorial election in the state until 1828. The Second Party System began when
10086-422: The legislature; unlike in most states where a supermajority is required to override a veto. Although setting the state budget is a legislative function in many states, Kentucky governors are required by statute to present a proposed biennial budget to the General Assembly for approval shortly after the beginning of its even-year sessions. The governor's budget has often been approved with few changes, but since
10209-479: The mansion shall be upon the recommendation of the secretary of the Finance and Administration Cabinet". The state's first governor's mansion was constructed during the gubernatorial tenure of James Garrard. According to tradition, future governors Thomas Metcalfe (a stonemason) and Robert P. Letcher (who worked at his father's brickyard ) participated in the construction of the first governor's mansion. After
10332-411: The merit system in their hiring practices; the charges were later dropped as part of an agreement with the prosecutor, Attorney General Greg Stumbo . In The Kentucky Encyclopedia , Eastern Kentucky University professor Paul Blanchard writes that "Many observers consider the governor's informal powers—those derived from tradition, custom, and precedent—as important as the formal powers." Frequently
10455-421: The military. The Federalist Party had died out nationally by 1820, but new party divisions were soon to form in Kentucky. The Panic of 1819 left many Kentuckians deeply in debt and without a means of repaying their creditors. Two factions grew up around the issue of debt relief. Those who favored laws favorable to debtors were dubbed the "Relief Party" and those who favored laws protecting creditors were called
10578-436: The most often in cases of convicts who had been given the death penalty : from 1965 to 1993 (when the death penalty was formally abolished) death sentences were automatically commuted to life imprisonment under the royal prerogative. Since the transfer, the chief executive of Hong Kong now exercises the power to grant pardons and commute penalties under section 12 of article 48 Basic Law of Hong Kong . "The Chief Executive of
10701-470: The most recent past governor, Matt Bevin , lost re-election. In all four Kentucky constitutions , the first power enumerated to the governor is to serve as commander-in-chief of the state's militia and military forces. In 1799, a stipulation was added that the governor would not personally lead troops on the battlefield unless advised to do so by a resolution of the General Assembly . Such
10824-428: The office of governor before the end of their terms— John J. Crittenden , Beriah Magoffin , John W. Stevenson , Augustus O. Stanley , Happy Chandler, Earle C. Clements , and Wendell H. Ford. 6 resigned to accept a higher office: Crittenden was appointed Attorney General of the United States and the other 5 were elected to the U.S. Senate . Only Beriah Magoffin resigned under duress. A Confederate sympathizer during
10947-598: The office of governor via a nominating convention . Thomas Metcalfe was the first gubernatorial candidate chosen by a nominating convention; he was nominated by the National Republican Party at their convention in December 1827. Governor Ruby Laffoon, elected in 1931, was the last governor of Kentucky nominated by a convention. Laffoon's lieutenant governor , Happy Chandler, pushed the legislature to mandate party primaries , which they did in 1935. Party primaries remain required by law today. In 1992,
11070-548: The pardon power is referred to as the royal prerogative of mercy , an executive power that is vested in the King and may be exercised by the governor-general . The prerogative of mercy is a broad discretionary power that may be exercised by a state governor who is acting on the advice of the state executive council and the state attorney general. Courts in Australia may also exercise their traditional power to exercise mercy when
11193-570: The power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force. Similarly, as per article 161, the governor of a state has
11316-452: The power to fill vacancies in elected offices until the next meeting of the General Assembly, and the power to remit fines and grant pardons . The power to pardon is not applicable to cases of impeachment , and in cases of treason , a gubernatorial pardon is only effective until the end of the next session of the General Assembly, which can grant a full pardon for treason. The 1891 constitution further required that, with each application for
11439-422: The power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends. The president can grant a pardon to a person awarded death sentence; however, the governor of a state does not enjoy this power. The question is whether this power to grant
11562-413: The precedent that the lieutenant governor would be the permanent successor to the governor upon the latter's death, resignation, or removal from office. Besides Madison, four other governors have died while in office— John Breathitt , James Clark , John L. Helm , and William Goebel. All died of natural causes except Goebel, who is the only governor of any U.S. state to have been assassinated. Goebel lost
11685-413: The present constitution. The governor's salary is set by law, and is equal to $ 60,000 times the increase in the consumer price index between January 1, 1984, and the beginning of the current calendar year. In 2014, the governor's salary was $ 186,730. The Kentucky Governor's Mansion is the official residence of the governor of Kentucky. The present Governor's Mansion, constructed in 1914 and listed on
11808-511: The president or governors exercising mercy jurisdiction. Nonetheless, the SC in the Epuru Sudhakar case has given a small window for judicial review of the pardon powers of the president and governors for the purpose of ruling out any arbitrariness. The court has earlier held that court has retained the power of judicial review even on a matter which has been vested by the Constitution solely in
11931-465: The race, even though owner Peter D. Fuller denied any knowledge of treating the horse with the drug. He later claimed that the horse had been drugged by those displeased with Fuller's friendship with Coretta Scott King . Fuller later appealed the decision all the way to the Kentucky Court of Appeals . The court reviewed the evidence and concluded that the disqualification was merited, affirming
12054-411: The race. Upon reviewing the instant replay of the race for around thirty minutes, the commission's chief steward Barbara Borden and two other stewards affirmed the objection and disqualified Maximum Security. The decision provoked significant controversy, as many felt Maximum Security had outperformed the rest of the field. Critics included then-President Donald Trump , who blamed political correctness for
12177-538: The republic (Art. 47, § 1). The president can pardon, commute or remit punishment imposed by any court, on the proposal of the minister of justice and after receiving the opinion (not the consent necessarily) of the Pardon Committee. Prior to the handover of Hong Kong in 1997, the power of pardon was the royal prerogative of mercy of the monarch of the United Kingdom . This was used and cited
12300-616: The ruling. Gary West, Maximum Security's owner, appealed the decision in federal court, but both the U.S. District Court for the Eastern District of Kentucky and the U.S. Sixth Circuit Court of Appeals dismissed the case for lack of jurisdiction. In a 2021 interview, Borden noted that reviewing the race through instant replay was standard procedure and only took a closer look at the alleged interference following official notice of an objection. Others involved in horse racing, including trainers Todd Pletcher and Shug McGaughey , defended
12423-524: The sentence of any person convicted of any offence. The meaning of these terms is as follows: The pardoning powers of the Indian president are elucidated in Art 72 of the Indian Constitution. There are five different types of pardoning which are mandated by law. Article 72 reads: (1) The President shall have the power to grant pardons, reprieves, respites or remission of punishment or to suspend remit or commute
12546-407: The sentence of any persons convicted of any offence- (a) in all cases where the punishment or sentence is by a court martial; (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends; (c) in all cases where the sentence is a sentence of death. (2) Nothing in sub- clause (a) of clause (1) shall alter
12669-499: The session. There is, however, no constitutional requirement that the legislature conduct any business during the called session. In 2007, Republican governor Ernie Fletcher called the Assembly into session to consider a long list of items. The Democratically controlled House of Representatives maintained that none of the items were urgent enough that they could not wait until the regular session convened; they claimed that Fletcher
12792-409: The sitting governor from office, until a new election could be held. The 1799 constitution created the office of lieutenant governor, who acted as Speaker of the Senate, but was not otherwise considered a member of that body. The lieutenant governor was to become governor in the event of the sitting governor's death, resignation, or removal from office and was to act in a gubernatorial capacity any time
12915-477: The sitting governor, James Garrard , who was an ordained Baptist minister and had frequently clashed with the legislature. The prohibition against ministers holding the office remained in the 1850 constitution, but was removed from the 1891 constitution. In the 1891 constitution, a section was included that forbade anyone from holding any state office—including the office of governor—who had "either directly or indirectly, give[n], accept[ed] or knowingly carr[ied]
13038-414: The situation by making the governor eligible to succeed himself one time before becoming ineligible for four years. Succession amendments had been proposed and defeated during the administrations of John Y. Brown Jr. and Wallace Wilkinson , but then-Governor Brereton Jones was able to see it passed because, unlike Brown and Wilkinson, he was willing to exempt the present incumbents, including himself, from
13161-437: The state constitution was amended to require candidates for governor and lieutenant governor to be nominated and elected as a ticket . Kentucky is one of only five U.S. states to hold gubernatorial elections in odd-numbered years—commonly called an off-year election . Louisiana , Mississippi , Virginia , and New Jersey also hold off-year gubernatorial elections. The general election for governor and lieutenant governor
13284-448: The state for at least six years preceding the general election. The residency requirement was increased from two years to six years in the constitution of 1799 and all subsequent constitutions. The 1792 constitution—the state's first—also included an exception for candidates who had been absent from the state "on the public business of the United States or of this State." The age requirement was raised from thirty years to thirty-five years in
13407-494: The state thereafter. Impeached governors may also be subject to trial in the criminal or civil court system. No governor of Kentucky has been impeached. Each iteration of the Kentucky Constitution has provided that the governor receive a salary. Under the first three constitutions, the governor's salary could not be increased or reduced while he was in office; this provision was extended to all public officials in
13530-530: The state's first constitution, that power of the office of the governor has been reduced in subsequent constitutions, as more of those offices became elective. Because the governor is not explicitly authorized by the constitution to conduct many of the functions necessary to administer the state government, the officeholder has had to rely on empowering legislation enacted by the General Assembly. With this in mind, Kentucky historian Thomas D. Clark wrote in 2004 that extensive executive powers had been granted through
13653-533: The state's history, four men have served two non-consecutive terms as governor, and four others have served two consecutive terms, the most recent being current governor Andy Beshear , who was re-elected to a second term on November 7, 2023. Kentucky is one of only five U.S. states that hold gubernatorial elections in odd-numbered years . The governor's powers are enumerated in the state constitution . There have been four constitutions of Kentucky—adopted in 1792, 1799, 1850, and 1891, respectively—and each has enlarged
13776-471: The state's sixth governor. Political victories were few and far between for Federalists in Kentucky, and none of Kentucky's governors were members of the Federalist Party. Military service was the most important consideration for voters in Kentucky's early gubernatorial elections. John Breathitt, elected Kentucky's eleventh governor in 1832, was the first Kentucky governor not to have served in
13899-499: The stewards' decision, with McGaughey stating the interference could have been much worse. Governor of Kentucky The governor of the Commonwealth of Kentucky is the head of government in Kentucky . Sixty-two men and one woman have served as governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-election once before becoming ineligible for four years. Throughout
14022-404: The succession provision. Paul E. Patton , with victories in the elections of 1995 and 1999, was the first governor to be elected to consecutive terms since the 1992 amendment. Another constitutional amendment, passed in November 2000, called for a 30-day legislative session to be held in odd-numbered years between the longer 60-day sessions held in even-numbered years. In the 1792 constitution,
14145-422: The two instances wherein the commission disqualified the winning horses. The first occurred in 1968 with the horse Dancer's Image . Following the conclusion of the race, the agency conducted urine samples of each horse in the race, as per protocol. The results for Dancer's Image came back positive for phenylbutazone , a pain reliever banned in Kentucky at the time. As a result, the horse was disqualified following
14268-583: The two parties culminated in the Old Court ;– New Court controversy , an attempt by the pro-relief legislature to abolish the Court of Appeals because the court overturned some debt relief measures as unconstitutional. The controversy ended with the restoration of the Old Court over Desha's veto in late 1826. Although many Old Court supporters—typically the state's wealthy aristocracy—gravitated to
14391-548: The various aspects of the industry. These include betting at racetracks, equine medication, and ensuring the safety of jockeys . The commission's various regulations are enforced by the state's stewards. Though the commission regulates the entire horse racing industry in Kentucky, it is best known for its regulation of the Kentucky Derby , one of the three Triple Crown races. The agency's decisions regarding this race attract significant media coverage. Most notable are
14514-411: The vast majority of) convicts, pardons are in the jurisdiction of the states . In some states it is granted by the respective cabinet, but in most states the state constitution vests the authority in the state prime minister. As on the federal level, the authority may be transferred. Amnesty can be granted only by federal law. The Constitution of Greece grants the power of pardon to the president of
14637-407: The winner of the annual Kentucky Derby . The state constitution requires the governor to address the legislature periodically regarding the state of the Commonwealth . This address, traditionally given annually, is often targeted directly at the state's citizens as much as, or more so than, the legislature. The governor can use the address to extol the accomplishments of his or her term and lay out
14760-404: Was calling the session only to boost his sagging poll numbers before the upcoming election in which he faced a challenge from Democrat Steve Beshear . The House convened on the day appointed and adjourned an hour later without transacting any business. Unlike the U.S. President , the governor does not have the option of a pocket veto . If the governor does not make a decision to sign or veto
14883-486: Was elected governor from that party in 1855. Sectarian tensions gripped the state in the lead-up to the Civil War, and while the majority of Kentuckians favored the preservation of the Union above all else, a self-constituted group of Confederate sympathizers met at Russellville and formed a Confederate government for the state . While this provisional government never displaced the elected government in Frankfort, two men served as Confederate governors of Kentucky. From
15006-429: Was elevated to governor, and Fisk was re-elected as Speaker of the Senate. All elected officials in Kentucky, including the governor, are subject to impeachment for "any misdemeanors in office". The articles of impeachment must be issued by the House of Representatives and the trial is conducted by the Senate. If convicted, the governor is subject to removal from office and may be prohibited from holding elected office in
15129-407: Was out of the state. It also relieved the lieutenant governor of his duties in the Senate and created the office of President of the Kentucky Senate , chosen from among the state senators, who presides over the Senate. The amendment also modified the chain of succession again—it is now as follows: If the office devolves upon the attorney general or state auditor, that individual is required to call
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