Rep. Setzer files bill in North Carolina House to limit governor’s clemency powers

A new bill filed by State Rep. Mitchell S. Setzer in the North Carolina House seeks to restrict the governor’s power to grant clemency without legislative approval, according to the North Carolina State House.

The bill, filed as HB 64 on Feb. 5 during the 2025 regular session, was formally listed with the short title: ‘Const. Amend. – Gubernatorial Clemency.’

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, the bill proposes an amendment to the North Carolina Constitution to limit the governor’s authority to grant clemency, such as reprieves, commutations, and pardons. It requires that the governor’s decision be subject to the concurrence of a majority of the members of both houses of the General Assembly, with votes recorded by yeas and nays. If clemency is granted while the General Assembly is adjourned for more than 30 days, the governor must reconvene the session for consideration, failing which the grant will not be valid. The term clemency excludes paroles. The proposed amendment will be presented to voters on Nov. 3, 2026, and will become effective if a majority approve it.

Of the four sponsors of this bill, Setzer proposed the most bills (six) during the 2025 regular session.

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Setzer graduated from the University of North Carolina, Greensboro in 1987 with a BA.

Setzer, a Republican, was elected to the North Carolina State House in 1999 to represent the state’s 89th House district, replacing previous state representative Robert Brawley.