Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning the protection of the separation of powers by requiring a governor's proclamation convening the general assembly to respect ...
Summary
HCR26-1006 is a proposed Colorado constitutional amendment that would go to the voters at the 2026 general election. It would change the governor’s authority to call the General Assembly into special session by requiring that the proclamation’s stated purpose not be framed so narrowly that it effectively dictates a single legislative result. The measure preserves the governor’s ability to limit a special session to a subject area, but it would prohibit calls that restrict lawmakers’ possible outcomes or force them to enact a predetermined policy choice.
The resolution includes a legislative declaration describing Colorado’s history of special sessions and citing prior Colorado Supreme Court decisions recognizing that the governor may define the subject matter of a special session but may not compel a specific legislative form or outcome. If approved by at least 55% of voters, the amendment would revise Article IV, Section 9 of the Colorado Constitution to add this limitation on gubernatorial proclamations. The ballot question would ask voters whether to protect separation of powers by requiring special-session proclamations to respect the General Assembly’s authority to legislate.
Impact
If adopted, the measure would alter the Colorado Constitution rather than ordinary statute, directly constraining how governors draft proclamations convening special sessions. It would not eliminate the governor’s power to call the legislature into extraordinary session, but it would create a constitutional rule that special-session topics may be broad enough to guide legislative work while not so specific as to predetermine the result. The practical effect would be to strengthen legislative discretion during special sessions and potentially reduce executive control over the scope and outcome of special-session policymaking.
Sentiment
The bill’s framing suggests strong support for legislative independence and separation of powers, with sponsors presenting it as a safeguard against executive overreach. The legislative declaration emphasizes historical practice and Colorado case law to argue that the General Assembly should retain meaningful freedom to respond to urgent issues. No committee testimony or recorded votes were provided, so the available record does not show direct opposition or support from members beyond the resolution’s own stated rationale.
Contention
The main point of contention is the balance between executive agenda-setting and legislative autonomy in special sessions. Supporters appear concerned that some gubernatorial proclamations have become too prescriptive, citing examples where the call allegedly narrowed the legislature to specific statutory changes or outcomes. The countervailing concern, implicit in the text, is that governors need enough control to ensure special sessions address urgent, limited subjects efficiently; the amendment would limit that control by preventing proclamations from being drafted so narrowly that they constrain legislative options. No specific opponents are identified in the provided materials.