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Bill Summary · HB 64

Summary — HB 64: Constitutional Amendment — Gubernatorial Clemency (North Carolina)

Status: Passed 1st Reading (referred to Rules, Calendar, and Operations of the House)
Introduced: (bill text dated) 2025; scheduled for statewide referendum on November 3, 2026 (if enacted for submission)

Purpose / Intent

HB 64 proposes a constitutional amendment to limit the Governor’s unilateral authority to grant clemency (reprieves, commutations, and pardons) by requiring legislative concurrence. The amendment transfers a substantive check on executive clemency to the General Assembly by making clemency effective only with the approval of both legislative chambers.

Key provisions

  • Amends Section 5 of Article III of the North Carolina Constitution (Governor’s duties), specifically the clemency clause.
  • Requires concurrence by a majority of the members of each house of the General Assembly for any clemency the Governor grants after conviction and commencement of sentence.
    • Each house’s vote must be recorded by yeas and nays, and the names of members voting entered in each house’s journal.
  • If the Governor grants clemency while the General Assembly is adjourned sine die or adjourned jointly for more than 30 days as referenced in Article II, Section 20:
    • The Governor must reconvene that session (per Article III, Section 5(11)) for legislative consideration; if the Governor does not reconvene the session, the clemency grant fails.
  • Clarifies that the terms “reprieves, commutations, and pardons” do not include paroles.
  • Leaves other application/conditions and existing statutory regulations for clemency applications intact except as changed by the concurrence requirement.

Who is affected

  • Governor of North Carolina — significant reduction in unilateral clemency authority.
  • General Assembly — gains formal role/authority to approve or reject clemency grants.
  • People seeking clemency (defendants, incarcerated persons) — relief becomes contingent on both executive action and legislative approval.
  • Criminal justice stakeholders (victims, prosecutors, defense counsel, corrections officials) — process for clemency will change procedurally and potentially in timing/outcomes.

Procedural / Timeline aspects

  • The amendment is to be submitted to the voters at the statewide general election on November 3, 2026.
  • Ballot question text (as provided):
    "Constitutional amendment limiting the Governor's power to grant clemency by requiring the concurrence of the Legislature." (Voters choose FOR or AGAINST.)
  • If a majority of votes cast on the question are in favor, the amendment becomes part of the Constitution upon certification by the State Board of Elections and enrollment by the Secretary of State.
  • If adopted, the amendment is effective upon certification unless otherwise provided.

Practical implications (neutral observations)

  • The change shifts final clemency authority from a sole executive decision to a joint executive–legislative process, likely lengthening or complicating clemency proceedings and adding a political-legislative review.
  • The requirement that votes be recorded publicly increases legislative transparency but may politicize individual clemency decisions.
  • Operationally, the General Assembly would need procedures to consider clemency grants and may be asked to reconvene in special circumstances to vote on individual grants.

This summary focuses on the amendment language and anticipated procedural effects; legal analyses (e.g., separation-of-powers questions or implementation details) would require further review.

Compiled from official sources — confirm details with the bill’s official record.

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