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Panel rejects constitutional change aimed at limiting vacancy appointments

April 20, 2026 | 2026 Legislature CO, Colorado


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Panel rejects constitutional change aimed at limiting vacancy appointments
Representative Brett Marshall presented House Concurrent Resolution 1005, a proposed constitutional amendment that would change how legislative vacancies are treated so that a party-appointed vacancy appointee could finish the current unexpired term but would not automatically continue as an incumbent into the next full term. Sponsors argued vacancy appointments have grown to 25–30% of legislative seats and have become a vehicle for entrenching incumbency.

Marshall and supporters said the proposal is intended to reduce manipulation of timing and the strategic use of vacancies. He told the committee: "If you get your seat by a vacancy appointment, you will finish out that term. You can run later, but you will finish the term — the voters should decide." Supporters framed the change as restoring democratic accountability.

Opponents said vacancies give underrepresented groups and new leaders an accessible path to serve; Representative Ricks and others described cases in which vacancy appointees later won election on the strength of performance. Witness testimony included perspectives for and against reform; some urged instead addressing root causes (compensation, hours) or holding special elections.

Committee members questioned whether the constitutional amendment is the right instrument; some preferred statutory or process fixes, and others said the solution should come through special elections. After debate the measure failed on the floor of committee and was postponed indefinitely.

Outcome: No committee recommendation to advance; sponsors may choose other avenues for reform.

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