Const. Amend. – Gubernatorial Clemency.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 64

Short Title: Const. Amend. – Gubernatorial Clemency. (Public)
Sponsors: Representatives Brody, Setzer, Clampitt, and Echevarria (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
February 6, 2025
*H64-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CHANGE THE NORTH CAROLINA CONS TITUTION TO LIMIT TH E 2
GOVERNOR'S AUTHORITY TO GRANT CLEMENCY. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Section 5 of Article III of the North Carolina Constitution reads as 5
rewritten: 6
"Sec. 5. Duties of Governor. 7
… 8
(6) Clemency. The Governor may grant reprieves, commutations, and pardons, after 9
conviction, conviction and commencement of sentence, for all o ffenses (except in cases of 10
impeachment), upon such conditions as he the Governor may think proper, subject to regulations 11
prescribed by law relative to the manner of applying for pardons. concurrence by a majority of 12
the members of each house of the General Assembly. In all such cases, the votes of both houses 13
shall be determined by yeas and nays, and the names of the members voting shall be entered on 14
the journal of each house respectively . If the Governor grants clemency when the General 15
Assembly has adjourned sine die or for more than 30 days jointly as provided under Section 20 16
of Article II of this Constitution, the Governor shall reconvene that session as provided by Section 17
5(11) of Article III of this Constitution for consideration of the grant, and if the Governor does 18
not reconvene the session, the grant shall fail. The terms reprieves, commutations, and pardons 19
shall not include paroles. 20
…." 21
SECTION 2. The amendment set out in Section 1 of this act shall be submitted to 22
the qualified voters of the State at the statewide general election to be held on November 3, 2026, 23
which election shall be conducted in accordance with the laws governing elections at that time. 24
The question to be used in the voting systems and ballots shall be: 25
"[ ] FOR [ ] AGAINST 26
Constitutional amendment limiting the Governor's power to grant clemency by 27
requiring the concurrence of the Legislature." 28
SECTION 3. The State Board of Elections shall certify the results of the referendum 29
conducted under Section 2 of this act. If a majority of votes cast on the question are in favor of 30
the amendment set out in Section 1 of this act, the Secretary of State shall enroll the amendment 31
among the permanent records of that office. If a majority of votes cast on the question are against 32
the amendment set out in Section 1 of this act, the amendment shall have no effect. 33
SECTION 4. If the certification from the State Board of Elections under Sectio n 3 34
of this act reflects that a majority of votes cast on the question are in favor of the amendment set 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 64-First Edition
out in Section 1 of this act, the amendment set out in Section 1 of this act is effective upon 1
certification. 2
SECTION 5. Except as otherwise provided, this act is effective when it becomes 3
law. 4