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Fact check: Can state governors call special sessions to force republican legislators to return and conduct business?

Checked on August 16, 2025

1. Summary of the results

The analyses overwhelmingly confirm that state governors do have the authority to call special sessions to force Republican (and Democratic) legislators to return and conduct business. Multiple concrete examples demonstrate this power in action:

  • Governor Greg Abbott of Texas has repeatedly exercised this authority, calling multiple special sessions to compel lawmakers to return [1] [2] [3] [4]
  • Governor Jared Polis of Colorado convened a special legislative session, further demonstrating gubernatorial power [5]
  • Governor Gavin Newsom of California called a special session to establish a litigation fund and protect state values [6]

The legal framework supporting this authority is clear: in 13 states, including Texas, only the governor may call a special session [5]. This constitutional power has been used strategically when legislators attempt to block business by walking out or leaving the state entirely.

2. Missing context/alternative viewpoints

The original question focuses specifically on Republican legislators, but the analyses reveal this is a bipartisan tactic and gubernatorial power. Key missing context includes:

  • Democratic legislators have also been targets of special sessions - Texas Democrats fled to Illinois to deny Republicans a quorum on redistricting, prompting Governor Abbott to threaten their removal if they didn't return [7]
  • Walking out as a legislative tactic has historical precedent and has been used by both parties to block legislation they oppose [8]
  • The power varies by state - while the question implies universal gubernatorial authority, the reality is that in only 13 states does the governor have exclusive power to call special sessions [5]
  • Special sessions serve multiple purposes beyond forcing legislators to return, including addressing specific policy issues like hemp regulation [3] or preparing for federal policy changes [6]

3. Potential misinformation/bias in the original statement

The original question contains partisan framing that suggests this power is primarily used against Republican legislators. However, the evidence shows:

  • The power is constitutionally neutral and has been used by governors of both parties against legislators of both parties
  • Recent high-profile examples actually show Republican governors (like Abbott) using this power against Democratic legislators who fled the state [7] [4]
  • The question implies this is unusual or controversial, when it's actually a standard constitutional power exercised regularly by governors across different states and political situations

The framing could mislead readers into thinking this is a partisan weapon rather than a legitimate constitutional mechanism for ensuring legislative business can proceed when lawmakers attempt to obstruct through absence.

Want to dive deeper?
What are the constitutional provisions for special sessions in each state?
Can state governors set the agenda for special sessions or is it limited to specific topics?
How have state governors used special sessions to force legislative action in the past?
What are the rules for quorum and voting during special sessions in state legislatures?
Can republican legislators be held in contempt or face penalties for refusing to attend special sessions?