How Impeachment Works in Colorado

The constitutional process for removing Governor Polis from office
The Process: Three Steps

House Investigation & Articles of Impeachment
- The Colorado House of Representatives holds the sole power of impeachment. Any member of the House may introduce a resolution containing articles of impeachment. The House investigates and debates the charges.
- A simple majority vote (33 of 65 members) is required to impeach — formally charging the governor and sending the case to the Senate for trial.
- The House currently has 43 Democrats and 22 Republicans — Democrats can pass articles of impeachment without a single Republican vote.
Senate Trial
- The Colorado Senate acts as the jury. Before the trial begins, all senators must take an oath or affirmation to act impartially. Because the governor is on trial, the Chief Justice of the Colorado Supreme Court presides — not the Lieutenant Governor or Senate President.
Senate Conviction Vote
- Conviction requires a two-thirds supermajority— at least 24 of Colorado’s 35 senators.
- The Senate currently has 23 Democrats and 12 Republicans — Democrats are one vote short of conviction on their own and need at least 1 Republican to cross over.
- If convicted, Polis is immediately removed from office and barred from holding any public office in Colorado. He would also remain subject to criminal prosecution.

Constitutional Grounds

Under Article XIII of the Colorado Constitution, the governor may be impeached for:

High crimes or misdemeanors
Malfeasance in office

Colorado’s “malfeasance in office” ground is broader than the federal standard. It covers willful misconduct in office — including corrupt acts, abusing the powers of office for improper purposes, or acting in bad faith contrary to the public trust. Historical Colorado impeachments have relied primarily on malfeasance rather than criminal charges.

Who Becomes Governor if Polis Is Removed?

The Lieutenant Governor — currently Dianne Primavera — would assume the governorship upon Polis’s removal.

Has Colorado Ever Impeached a Governor?

No. Colorado has never impeached a governor. The legislature has initiated impeachment proceedings against other officials, but no governor has ever been impeached in state history. This would be unprecedented — and that’s exactly what the situation demands.

FAQ

Is commuting a sentence actually an impeachable offense?

Governors have broad clemency powers, but those powers are not unlimited or immune from accountability. The question for impeachment is not whether Polis had the legal authority to commute the sentence — he did — but whether he exercised that authority corruptly, in bad faith, or as part of a political transaction that betrayed his oath of office. Using clemency as currency in a quid pro quo with the federal government — freeing a convicted election saboteur in exchange for relief from federal punishment — is a textbook case of malfeasance in office. The power exists; the abuse of it is the offense.

Would Democrats actually vote to impeach one of their own?

Every Democrat in the Colorado legislature signed a letter urging Polis not to commute Peters’ sentence. Colorado Senate Democrats called his decision “disgraceful,” “undemocratic,” and “reckless.” The Democrats have the numbers — and have already shown they are willing to stand against Polis publicly. Whether they convert that opposition into action is a question of political will, not political alignment.

Aren’t there only a few months left in his term? Is impeachment worth it?

Polis’s term ends in January 2027. But impeachment is not only about removing him from office — it is about establishing that no Colorado governor can hand a convicted felon early release in exchange for federal favors without consequence. Letting it go sets a precedent. Impeachment, even if it does not result in conviction, creates a formal record of the legislature’s judgment that this was unacceptable.

Can’t we just vote him out?

Polis cannot run for a third term — he is term-limited and will not be on the ballot in 2026. Voting him out is not an option. Impeachment is the only mechanism to hold him accountable before he leaves office.

Doesn’t this just hand Republicans a win?

Polis already handed Republicans a win by freeing Tina Peters. The argument that Democrats must protect a governor who capitulated to Trump — freeing a woman convicted of election crimes — in order to avoid looking bad, is exactly the kind of reasoning that has made voters distrust the Democratic Party. Accountability is not a gift to the opposition. Refusing to hold a corrupt official accountable because he shares your party affiliation is what hands Republicans a win.

What exactly would the articles of impeachment say?

Articles would likely allege malfeasance in office: specifically, that Polis exercised his clemency power corruptly — not based on the merits of Peters’ case, but as a political transaction under duress from the Trump administration, in exchange for the restoration of federal funding and programs that the administration had withheld as leverage. The articles would document the timeline of federal retaliation and the commutation as a direct response to that pressure.

Could Polis be criminally charged separately?

Yes. Under the Colorado Constitution, impeachment and criminal prosecution are independent. Removal from office does not protect Polis from criminal liability, and criminal charges do not need to precede or accompany impeachment. If evidence supports a criminal charge — such as bribery or abuse of office — that is a separate matter for prosecutors.

What can I do right now?

Contact your Colorado state representative and state senator. Tell them you expect them to use the powers the constitution gave them. You can find your legislators at leg.colorado.gov/find-my-legislators.