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

A BILL TO BE ENTITLED

AN ACT to change the north carolina constitution to Limit the governor's authority to grant clemency.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 5 of Article III of the North Carolina Constitution reads as rewritten:

"Sec. 5. Duties of Governor.

…

(6)        Clemency. The Governor may grant reprieves, commutations, and pardons, after conviction, conviction and commencement of sentence, for all offenses (except in cases of impeachment), upon such conditions as he the Governor may think proper, subject to regulations prescribed by law relative to the manner of applying for pardons. concurrence by a majority of the members of each house of the General Assembly. In all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively. If the Governor grants clemency when the General Assembly has adjourned sine die or for more than 30 days jointly as provided under Section 20 of Article II of this Constitution, the Governor shall reconvene that session as provided by Section 5(11) of Article III of this Constitution for consideration of the grant, and if the Governor does not reconvene the session, the grant shall fail. The terms reprieves, commutations, and pardons shall not include paroles.

…."

SECTION 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the statewide general election to be held on November 3, 2026, which election shall be conducted in accordance with the laws governing elections at that time. The question to be used in the voting systems and ballots shall be:

"[ ] FOR          [ ] AGAINST

Constitutional amendment limiting the Governor's power to grant clemency by requiring the concurrence of the Legislature."

SECTION 3.  The State Board of Elections shall certify the results of the referendum conducted under Section 2 of this act. If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the Secretary of State shall enroll the amendment among the permanent records of that office. If a majority of votes cast on the question are against the amendment set out in Section 1 of this act, the amendment shall have no effect.

SECTION 4.  If the certification from the State Board of Elections under Section 3 of this act reflects that a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the amendment set out in Section 1 of this act is effective upon certification.

SECTION 5.  Except as otherwise provided, this act is effective when it becomes law.