Require Governor to provide at least five days notice to all state legislators when calling a Special Session

2026 Regular Session Introduced by Larry Kump

Requires the governor’s proclamation to convene a special legislative session be issued at least five days in advance.

To House Judiciary

Overview

HJR 2 (2026) from West Virginia proposes a constitutional amendment to require that the governor’s proclamation calling a special session of the Legislature be issued at least five days before convening. The measure would place this notice requirement into Article VI, Section 6-19 of the West Virginia Constitution, with the formal title “Notice of Convening of Special Session of the Legislature Amendment.” If approved by two-thirds of both houses, the question would be put to voters at the 2026 general election.

Main purpose and intent

Establish a minimum five-day advance notice requirement for the governor’s proclamation to convene the Legislature for a special session.

Ensure lawmakers have additional preparatory time before a special session begins.

Create a constitutional change that applies specifically to the calling of special sessions by the governor, not to regular sessions.

Key provisions and changes

Amends Article VI, Section 6-19 of the West Virginia Constitution.

Current language (as indicated by strike-throughs/new language) would be modified to require: “The proclamation shall be issued not less than five days prior to convening the Legislature.”

The mechanism to call a special session remains: the governor may convene the Legislature by proclamation if public safety or welfare requires it.

The requirement applies to the proclamation for convening a special session, not to the general scheduling of regular sessions.

The amendment is identified as Amendment No. 1 and is titled “Notice of Convening of Special Session of the Legislature Amendment” for purposes of the ballot.

Affected parties and entities

The Governor (as the official who issues the proclamation to convene a special session).

Members of the West Virginia Legislature (they would receive at least five days’ notice prior to convening).

The electorate (through voting on the proposed constitutional amendment at the 2026 general election).

Procedural and timeline aspects

Status: Introduced January 14, 2026; referred to the Committee on the Judiciary; sponsored by Delegate Kump with a co-sponsor.

Constitutional process: Requires two-thirds vote in both houses of the Legislature to place the measure on the ballot.

Ballot timing: If approved by the Legislature, the proposed amendment would be submitted to voters at the next general election held in 2026.

Effective date: Not specified in the text provided; typically, constitutional amendments take effect upon voter ratification or as provided in the enacted amendment, but the exact effective date would be determined by the final engrossed language and applicable constitutional provisions.

Potential impact and considerations

Improves legislative preparation time for members and staff before a special session.

Could influence the governor’s strategic planning for special sessions, especially in time-sensitive or crisis situations.

The five-day notice requirement may affect the timing of emergency measures if the governor seeks rapid action; proponents would argue it promotes transparency and deliberation, while critics may view it as a constraint in urgent circumstances.

As a constitutional amendment, any change would require statewide voter approval, making the policy directly subject to public ratification.

If you’d like, I can compare this proposed amendment to how other states handle special-session notice, or provide a plain-language explainer for voters.