Arkansas Issue 1, Legislative Authority to Call a Special Session Amendment (2022)

Arkansas Issue 1
Election date November 8, 2022
Topic State legislatures measures
Status d Defeated
Type Constitutional amendment	Origin State legislature

Arkansas Issue 1, the Legislative Authority to Call a Special Session Amendment, was on the ballot in Arkansas as a legislatively referred constitutional amendment on November 8, 2022. The measure was defeated.

A "yes" vote supported allowing the state legislature to call itself into extraordinary sessions upon (a) a joint proclamation from the Speaker of the House and the Senate President Pro Tempore or (b) upon a proclamation signed by two-thirds of the members in each chamber.

A "no" vote opposed allowing the state legislature to call itself into extraordinary session, thereby requiring that all extraordinary sessions must be called by the governor.

Election results

Arkansas Issue 1
Result		Votes	Percentage
Yes		335,567	39.10%
No		522,692	60.90%

Results are officially certified.

Source

Overview

What would Issue 1 have changed about special legislative sessions?

See also: Text of measure and constitutional changes

Issue 1 would have allowed the state Legislature to call itself into extraordinary sessions upon (a) a joint proclamation from the Speaker of the House and the Senate President Pro Tempore or (b) upon a proclamation signed by two-thirds of the members in each chamber.

How could special sessions be called in other states?

See also: Convening special state Legislative sessions

Going into the election, Arkansas was one of 14 states where only the governor can call a special session. In the other 36 states, special sessions could be called for by the governor or the state Legislature itself. Special sessions could be called by state Legislatures upon a majority or supermajority vote, however, in three states, no vote of the legislature was required and a special session could be called by a proclamation of the presiding officers. In 10 states, a simple majority (50%+1) vote was required. In 17 states, a two-thirds (66.67%) supermajority vote was required. Five states required a three-fifths (60%) supermajority vote. One state, Missouri, required approval from three-fourths of legislators.

What did state legislators and the governor say about Issue 1?

See also: Support and Opposition

Amendment sponsor State Sen. Breanne Davis (R) said, "We wanted to ensure through [SJR10] that special sessions remain special by requiring a higher threshold to allow the legislature to call itself into special session. We also wanted to ensure that the legislative branch had the ability to call itself into a special session if necessary."

Arkansas Governor Asa Hutchinson (R) said, "[The Legislature's] perception is that the executive branch is very powerful and the legislative branch is not strong enough, and they want to strengthen that. I think you’ve got to step back a little bit and understand that under our constitution, the governor has a lot of respect but structurally the legislature has a lot of power, particularly with the purse strings. That’s the separation of powers. So, we should not be frustrated by that friction. We need to respect each other and work through in a cooperative way on many of these issues. But no, I disagree with the legislature being able to call themselves into session, and hopefully, that will not be one of the amendments that come out."

Were similar measures on the ballot in other states?

See also: Ballot measures in response to the coronavirus (COVID-19) pandemic

Ballotpedia tracked ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Following the COVID-19 pandemic, state legislatures passed constitutional amendments concerning legislative procedures including appropriations limits during emergencies, governors' executive powers, legislative session end dates, calling special sessions, and more. A measure allowing the Idaho State Legislature to call itself into special session was also on the 2022 ballot in Idaho. It was approved.

How did this measure get on the ballot?

See also: Path to the ballot

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Arkansas State Senate and the Arkansas House of Representatives.

The amendment was passed in the Senate on April 21, 2021, by a vote of 30-2 with three members voting present. Among Senate Democrats, five voted in favor, one voted against, and one was absent or did not vote. Among Senate Republicans, 25 voted in favor, none were opposed, and two were absent or did not vote. The House passed the amendment on April 22, 2021, by a vote of 82-9 with nine members absent or not voting. Among House Democrats, 14 were in favor, seven were against, and nine were absent or did not vote. Among House Republicans, 68 voted in favor, two voted against, and six were absent or did not vote.

Text of measure

Popular name

The popular name was as follows:

“

A constitutional amendment to allow the General Assembly to convene in extraordinary session upon the issuance of a joint written proclamation of the speaker of the House of Representatives and the president pro tempore of the Senate or upon the submission of a written proclamation containing the signatures of at least 2/3 of the members of the House of Representatives and at least 2/3 of the members of the Senate to the speaker of the House of Representatives and the president pro tempore of the Senate requesting that the General Assembly convene in extraordinary session.

”

Ballot title

The ballot title was as follows:

“

An amendment to the Arkansas Constitution to allow the General Assembly to convene in extraordinary session upon the issuance of a joint written proclamation of the speaker of the House of Representatives and the president pro tempore of the Senate or upon the submission of a written proclamation containing the signatures of at least two-thirds (2/3) of the members of the House of Representatives and at least two-thirds (2/3) of the members of the Senate to the speaker of the House of Representatives and the president pro tempore of the Senate requesting that the General Assembly convene in extraordinary session; providing that no business other than the purpose set forth in the joint written proclamation of the speaker of the House of Representatives and the president pro tempore of the Senate or the written proclamation containing the signatures of at least two-thirds (2/3) of the members of the House of Representatives and at least two-thirds (2/3) of the members of the Senate shall be considered at an extraordinary session convened under this amendment; requiring the General Assembly to establish by joint rule during each regular session procedures for an extraordinary session under this amendment; and providing that this amendment does not restrict the authority of the governor to convene an extraordinary session of the General Assembly under Arkansas Constitution, Article 6, §19.

”

Constitutional changes

See also: Article 5, Arkansas Constitution

The measure would have amended section 5 of Article 5 of the state constitution.

The following struck-through text would have been deleted and underlined text would have been added.

Note: Hover over the text and scroll to see the full text.

§ 5. Regular and fiscal sessions — Extraordinary sessions.

(a) The General Assembly shall meet at the seat of government every year.

(b) The General Assembly shall meet in regular session on the second Monday in January of each odd-numbered year to consider any bill or resolution. The General Assembly may alter the time at which the regular session begins.

(c)(1) Beginning in 2010, the General Assembly shall meet in fiscal session on the second Monday in February of each even-numbered year to consider only appropriation bills. The General Assembly may alter the time at which the fiscal session begins.

(2) A bill other than an appropriation bill may be considered in a fiscal session if two-thirds (2/3) of the members of each house of the General Assembly approve consideration of the bill.

(d) The General Assembly, by a vote of two-thirds (2/3) of the members elected to each house of the General Assembly, may alter the dates of the regular session and fiscal session so that regular sessions occur in even numbered years and the fiscal sessions occur in odd-numbered years.

(e)(1) The General Assembly shall convene in extraordinary session upon the:

(A)(i) Issuance of a joint written proclamation of the Speaker of the House of Representatives and the President Pro Tempore of the Senate.

(ii) The joint written proclamation under subdivision (e)(1)(A)(i) of this section shall include without limitation the purpose for which the General Assembly shall convene in extraordinary session and the date on which the General Assembly shall convene; or

(B)(i) Submission of a written proclamation containing the signatures of at least two-thirds (2/3) of the members of the House of Representatives and at least two-thirds (2/3) of the members of the Senate to the Speaker of the House of Representatives and the President Pro Tempore of the Senate requesting that the General Assembly convene in extraordinary session.

(ii) The written proclamation under subdivision (e)(1)(B)(i) of this section shall include without limitation the purpose for which the General Assembly shall convene in extraordinary session.

(iii) Upon the submission of a written proclamation under subdivision (e)(1)(B)(i) of this section, the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall specify a date on which the General Assembly shall convene in extraordinary session.

(2) No business other than the purpose set forth in the joint written proclamation under subdivision (e)(1)(A)(i) of this section or the written proclamation under subdivision (e)(1)(B)(i) of this section shall be considered at an extraordinary session under subdivision (e)(1) of this section.

(3)(A) During each regular session, the General Assembly shall establish by joint rule procedures for an extraordinary session under subdivision (e)(1) of this section.

(B) Joint rules established under subdivision (e)(3)(A) of this section may include without limitation:

(i) A limitation on the duration of an extraordinary session under subdivision (e)(1) of this section;

(ii) The format and required content for a written proclamation requesting that the General Assembly convene in extraordinary session under subdivision (e)(1)(B)(i) of this section; and

(iii) A provision permitting the General Assembly, after having disposed of the purpose for which the extraordinary session was convened under subdivision (e)(1) of this section, to remain in session for a period not exceeding fifteen (15) days if remaining in session is approved by a vote of at least two-thirds (2/3) of the members of the House of Representatives and at least two-thirds (2/3) of the members of the Senate and entered upon their journals.

(C) Rules established under subdivision (e)(3)(A) of this section may be amended by the General Assembly.

(4) This section does not restrict the authority of the Governor to convene an extraordinary session of the General Assembly under Arkansas Constitution, Article 6, § 19.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 41, and the FRE is -36. The word count for the ballot title is 93.

The FKGL for the ballot summary is grade level 34, and the FRE is -15. The word count for the ballot summary is 220.

Support

Supporters

Officials

• State Rep. Breanne Davis (R)
• State Rep. Frances Cavenaugh (R)

Arguments

• State Sen. Breanne Davis (R): "We wanted to ensure through [SJR10] that special sessions remain special by requiring a higher threshold to allow the legislature to call itself into special session. We also wanted to ensure that the legislative branch had the ability to call itself into a special session if necessary."

Opposition

Opponents

Officials

• Gov. Asa Hutchinson (R)

Arguments

• Gov. Asa Hutchinson (R): "Now, I hope that it does not go to the ballot for a vote on a referred constitutional amendment that would allow the legislature to call themselves into session. Historically, we’ve had a part-time legislature that meets once every two years in regular session. Well, this would convert it into really a full-time legislature. Their perception is that the executive branch is very powerful and the legislative branch is not strong enough, and they want to strengthen that. I think you’ve got to step back a little bit and understand that under our constitution, the governor has a lot of respect but structurally the legislature has a lot of power, particularly with the purse strings. That’s the separation of powers. So, we should not be frustrated by that friction. We need to respect each other and work through in a cooperative way on many of these issues. But no, I disagree with the legislature being able to call themselves into session, and hopefully, that will not be one of the amendments that come out."
• Sarah Huckabee Sanders (R), gubernatorial candidate: "I think that our Legislature spends a lot of time in session as it is. I think that a full-time Legislature is probably not the best thing for the state of Arkansas right now."

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

Submit links to editor@ballotpedia.org.

Opposition

• Arkansas Democrat Gazette Editorial Board: "Right now, the governor has the power to call special sessions. This proposal would allow lawmakers to do it without his/her authority. And get per diem as much as they'd like, too. One would think by reading the language of this proposal that lawmakers hardly ever get to have their voices heard. But they go into session quite a bit. They have regular sessions every odd-numbered year. And fiscal sessions every even-numbered year. And since the year 2000, governors have called 17--count 'em, 17--special sessions. Not to mention all the official, paid, working meetings that lawmakers have in-between sessions, special and otherwise. What Issue No. 1 could do is essentially make your Legislature a full-time job. A career."
• Arkansas Business Editorial Board: "Issue No. 1 would give the Legislature, whose members voted to place it on the Nov. 8 General Election ballot, the power to call itself into special session at any time. Currently, only the governor can authorize a special legislative session. The state Constitution calls for the Legislature to meet every year. More than that, unless authorized by the governor, is a terrifying prospect."

Campaign finance

See also: Campaign finance requirements for Arkansas ballot measures

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Polls

See also: 2022 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Arkansas Issue 1, Legislative Authority to Call a Special Session Amendment (2022)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

Talk Business & Politics-Hendrix College	10/17/2022-10/18/2022	974 LV	± 3.9%	44.5%	33.5%	22%
	Question: "Issue 1, would give the legislature the authority to convene in extraordinary session (special session) by joint proclamation of House and Senate leadership or by written proclamation containing the signatures of at least two-thirds of the members of both the House and Senate. If the election were held today, would you vote for or against Issue 1?"

Talk Business & Politics-Hendrix College	09/12/2022	835 LV	± 3.8%	41%	24%	35%
	Question: "Issue 1, would give the legislature the authority to convene in extraordinary session (special session) by joint proclamation of House and Senate leadership or by written proclamation containing the signatures of at least two-thirds of the members of both the House and Senate. If the election were held today, would you vote for or against Issue 1?"

Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Regular and special sessions of state legislatures

See also: State legislative sessions

A state's legislative members meet for a regular scheduled period of time, known as a regular session, that is usually dictated by a state's constitution or general law. Forty-six state legislatures hold regular sessions annually. Montana, Nevada, North Dakota, and Texas only meet in odd-numbered years.

A special meeting of the legislature, known as a special session or extraordinary session, can be called by the governor or by the legislature, depending on the state. Special sessions are generally convened on an as-needed basis to consider specific issues and subject matter.

Arkansas legislative sessions

Article 5 of the Arkansas Constitution provides that the state Legislature shall hold regular sessions beginning on the second Monday in January of each odd-numbered year to consider any bill or resolution. Starting in 2010, the state Legislature held fiscal sessions starting on the second Monday in February of even-numbered years to consider bills appropriating funds. The legislature is empowered to change the time at which sessions begin.

To see the 2021 state legislative session dates, click here.

Convening special state legislative sessions

As of 2021, Arkansas was one of 14 states in which only the governor could call a special session. In the other 36 states, special sessions may be called for by the governor or the state Legislature itself.

As of 2022, special sessions could be called by state legislatures upon a majority or supermajority vote, however, in three states, no vote of the legislature was required and a special session could be called by a proclamation of the presiding officers. In 10 states, a simple majority vote was required. In 17 states, a two-thirds supermajority vote was required. Five states required a three-fifths supermajority vote. One state, Missouri, required approval from three-fourths of legislators.

Ballot measures in response to the coronavirus (COVID-19) pandemic

See also: Ballot measures in response to the coronavirus (COVID-19) pandemic and coronavirus-related regulations

Ballotpedia tracked ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, required ballot measures for ratification. Others were citizen-initiated proposals, meaning campaigns collect signatures to put policies and laws on the ballot for voters to decide.

The following is a list of measures that have been certified for the ballot:

2022

Ballot measures in response to the coronavirus pandemic and coronavirus-related regulations
State	Measure	Description	Election date	Origin	Status
Alabama	Amendment 4	Amends state constitution to require changes to laws governing the conduct of a general election to be implemented at least six months from the general election	November 8, 2022	Legislature	Approved
Arkansas	Issue 1	Allows the state legislature to call itself into extraordinary sessions upon (a) a joint proclamation from the Speaker of the House and the Senate President Pro Tempore or (b) upon a proclamation signed by two-thirds of the members in each chamber	November 8, 2022	Legislature	Defeated
Arkansas	Issue 3	Amends the state constitution to provide that "government shall not burden a person's freedom of religion even if the burden results from a rule of general applicability"	November 8, 2022	Legislature	Defeated
Idaho	SJR 102	Allows the legislature to call itself into special session	November 8, 2022	Legislature	Approved
Kentucky	Amendment 1	Changes the end date of the legislative session through a three-fifths vote in each chamber and provides that a special legislative session up to 12 days may be called by the House speaker and the Senate president	November 8, 2022	Legislature	Defeated
Utah	Amendment A	Increases appropriations limits during emergencies and exempts emergency federal funding from appropriations limits	November 8, 2022	Legislature	Defeated

2021

2021 ballot measures in response to the coronavirus pandemic and coronavirus-related regulations
State	Measure	Description	Election date	Origin	Status
Pennsylvania	Question 1	Allows the legislature to pass a resolution, which the governor cannot veto, by a simple majority to extend or terminate the governor's emergency declaration	May 18, 2021	Legislature	Approved
Pennsylvania	Question 2	Limits the governor's emergency declaration to 21 days unless the legislature votes on a concurrent resolution to extend the order	May 18, 2021	Legislature	Approved
Texas	Prohibition on Limiting Religious Services or Organizations Amendment	Amends the Texas Constitution to prohibit the state or any political subdivision from limiting religious services or organizations	November 2, 2021	Legislature	Approved
Texas	Right to Designated Essential Caregiver Amendment	Amends the Texas Constitution to state that residents of nursing facilities, assisted living facilities, or state-supported living centers have a right to designate an essential caregiver that may not be prohibited from visiting the resident	November 2, 2021	Legislature	Approved

2020

2020 ballot measures in response to the coronavirus pandemic and coronavirus-related regulations
State	Measure	Description	Election date	Origin	Status
New Jersey	Question 3	Postponed the state legislative redistricting process until after the election on November 2, 2021, if the state received federal census data after February 15, 2021	November 3, 2020	Legislature	Approved

Path to the ballot

See also: Amending the Arkansas Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Arkansas State Senate and the Arkansas House of Representatives.

The amendment was passed in the Senate on April 21, 2021, by a vote of 30-2 with three members voting present. The House passed the amendment on April 22, 2021, by a vote of 82-9 with nine members absent or not voting.

Vote in the Arkansas State Senate April 22, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 18  a
	Yes	No	Not voting
Total	30	2	3
Total percent	85.71%	5.71%	8.75%
Democrat	5	1	1
Republican	25	0	2
Independent	0	1	0

Vote in the Arkansas House of Representatives April 22, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	82	9	9
Total percent	82.00%	9.00%	9.00%
Democrat	14	7	3
Republican	68	2	6

How to cast a vote

See also: Voting in Arkansas

Click "Show" to learn more about voter registration, identification requirements, and poll times in Arkansas.

How to cast a vote in Arkansas

Poll times In Arkansas, all polls are open from 7:30 a.m. to 7:30 p.m. on Election Day. An individual who is in line at the time polls close must be allowed to vote. Registration requirements Check your voter registration status here. To vote in Arkansas, one must be a citizen of the United States and a resident of Arkansas. A voter must be 18 years of age or older on or before Election Day, not be a convicted felon whose sentence has not been discharged or pardoned, and not be adjudged as mentally incompetent. Registration must be completed no later than 30 days before the election in which a voter wishes to participate. Citizens must complete and submit a voter registration application to their county clerk or other authorized voter registration agency. For voters that submit applications by mail, the date of postmark will be considered the submission date. Applications may be obtained at the following locations: County clerk's office The Arkansas Secretary of State Elections Division Local revenue or DMV office Public library Disability agency Military recruitment office Online Automatic registration Arkansas does not practice automatic voter registration. Online registration See also: Online voter registration Arkansas does not permit online voter registration. Same-day registration Arkansas does not allow same-day voter registration. Residency requirements Arkansas law requires 30 days of residency in the state before a person may vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Arkansas does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who provides false information "may be subject to a fine of up to $10,000 and/or imprisonment of up to 10 years under state and federal laws." All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The site Voter View, run by the Arkansas Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirements Arkansas requires voters to present photo identification while voting. The identification must include the voter’s name and photograph. It must be issued by "the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas." If the identification has an expiration date on it, it cannot be expired for "more than four (4) years before the date of the election in which the voter seeks to vote." The following list of accepted ID was current as of July 2024. Click here for the Arkansas Secretary of State's page on accepted ID to ensure you have the most current information. Driver’s license Photo identification card Concealed handgun carry license United States passport Employee badge or identification document issued by an accredited postsecondary education institution in the State of Arkansas United States military identification document Public assistance identification card if it has a photograph Voter verification card as provided under Ark. Code § 7-5-324 "A person who is a resident of a long-term care or residential care facility licensed by the state of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person, but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility," according to the Arkansas Secretary of State’s office. Voters can obtain a voter verification card at their county clerk's office: "[V]oters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address."

See also

2022 measures

• 2022 ballot measures
• State legislatures measures on the ballot

Arkansas

• Arkansas ballot measures
• Arkansas ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Joint Resolution 10