Governor Proclamation Respect Separation of Powers

2026 Regular Session

A governor’s proclamation for a special session cannot overly narrow the General Assembly’s scope, preserving legislative independence to craft comprehensive laws.

House Second Reading Laid Over Daily - No Amendments

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What the bill is

Type: House Concurrent Resolution (HCR) proposing a constitutional amendment.

Purpose: To require that if the Governor issues a proclamation convening the Colorado General Assembly (a special session), the business named in the proclamation may not be so narrowly framed as to predetermine the legislature’s outcomes. The resolution would place this amendment on the November 3, 2026 ballot for voter approval.

Main objective

Strengthen the separation of powers by ensuring the Governor cannot constrain the General Assembly to a narrowly defined outcome in proclamation calls for special sessions.

Preserve legislative independence by preventing the Governor from prescribing the exact form or narrow scope that would effectively dictate legislation.

Key provisions and changes proposed

Constitutional amendment to Section 9 of Article IV (Governor may convene legislature or senate) – the Governor may:

Convene the General Assembly by proclamation for extraordinary occasions, stating the purpose for which it is to assemble.
A special session’s business may not be transacted beyond what is specifically named in the proclamation.
The business named in the proclamation may limit the General Assembly’s consideration to a specific area of a general subject, but:
It must not limit the General Assembly’s consideration so narrowly that it restricts possible outcomes.
The Governor may also convene the Senate in an extraordinary session for the transaction of executive business.

Ballot language (Section 3): The ballot question would ask electors to decide whether there should be an amendment to protect the separation of powers by requiring that a governor’s proclamation convening the General Assembly respects the legislature’s authority to legislate.

Election and adoption: If at least 55% of voters voting on the ballot title approve, the amendment becomes part of the Colorado Constitution (Section 4).

Who would be affected

Colorado Governor: Changes how proclamations for extraordinary sessions can direct legislative business, adding a constraint to avoid overly prescriptive calls.

Colorado General Assembly: Retains the authority to legislate; the proposed amendment seeks to ensure legislative deliberation is not unduly narrowed by executive proclamations.

Colorado voters: Will vote on the proposed constitutional amendment at the 2026 general election (Nov. 3, 2026) with a Yes/No decision.

Procedural and timeline aspects

Legislative history: Introduced in the 2026 Regular Session (Second Regular Session, 75th General Assembly), assigned to the House State, Civic, Military, & Veterans Affairs Committee.

Ballot timing: If approved by the General Assembly, the measure would be placed on the November 3, 2026 statewide ballot.

Threshold for adoption: Constitutional amendment requires at least 55% of voters voting on the measure to vote Yes (as per current constitutional amendment procedures in Section 1-40-123, C.R.S.).

Practical implications

If adopted, future governor-called special sessions would need to consider a broader scope and avoid overly narrow directives that would constrain the General Assembly’s ability to craft legislation addressing the issues in the proclamation.

Aims to balance executive leadership with legislative independence, reducing the risk of predetermined policy outcomes driven by the gubernatorial call.

Note: This summary reflects the introduced text and stated intent. Amendments or changes during the legislative process could affect provisions or phrasing.

Bill