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Idaho Constitutional Amendment SJR 102, Legislative Authority to Call a Special Session Amendment (2022)

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Idaho Constitutional Amendment SJR 102
Flag of Idaho.png
Election date
November 8, 2022
Topic
State legislatures measures
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature

Idaho Constitutional Amendment SJR 102, the Legislative Authority to Call a Special Session Amendment, was on the ballot in Idaho as a legislatively referred constitutional amendment on November 8, 2022.[1] The ballot measure was approved.

A "yes" vote supported amending the state constitution to:

  • allow the president pro tempore of the state Senate and the speaker of the state House to convene a special session of the Idaho State Legislature upon receiving a joint written request from 60% of the members of each chamber;
  • allow the state legislature to consider only those topic specified in the written request during the special legislative session; and
  • require organizational legislative sessions on the first Thursday of December following a general election.

A "no" vote opposed amending the state constitution to allow the state legislature to call itself into a special session, thereby maintaining that only the governor can call a special legislative session.


Election results

Idaho Constitutional Amendment SJR 102

Result Votes Percentage

Approved Yes

287,194 51.76%
No 267,623 48.24%
Results are officially certified.
Source


Overview

What did Constitutional Amendment SJR 102 do?

See also: Text of measure

Constitutional Amendment SJR 102 amended the Idaho Constitution to authorize the president pro tempore of the state Senate and the speaker of the state House to convene a special session of the Idaho State Legislature upon receiving a joint written request from 60% of the members of each chamber. The session must commence no later than 15 days after the request is received. Under SJR 102, the legislature is allowed to consider only those topics specified in the joint written request during the special session. The amendment also added to the constitution a requirement that the Legislature meets in organizational sessions commencing on the first Thursday of December after the general election unless a different day shall have been appointed by law.[2]

How did other states convene special legislative sessions?

See also: Convening special state legislative sessions

In 2022, Idaho was one of 14 states in which only the governor could call a special session. In the other 36 states, the governor or the state legislature were able to call a special session. Special sessions were able to be called by state legislatures upon a majority or supermajority vote; however, in three states, no vote of the legislature was required and a proclamation of the presiding officers could call a special session. 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.[3]

Click here to view a map showing the various methods by state.

Who supported and opposed Constitutional Amendment SJR 102?

See also: Support and Opposition

The amendment was introduced as Senate Joint Resolution 102. On March 3, 2021, the state Senate passed SJR 102 in a vote of 24-11. On April 20, 2021, the state House approved the amendment in a vote of 54-15 with one absent. Seven Republican legislators and all Democrats voted against the amendment.[1]

Senate Pro Tempore Chuck Winder (R) explained that the amendment was in response to the coronavirus pandemic and the governor's actions during 2020. He said, "We just thought the legislature ought to have a role in things like should you close a business, should you take the ability of a person's right to make a living away. It shouldn’t all just be on one person’s shoulder."[4]

Among the concerns of those opposing the measure was the frequency of special sessions turning the part-time legislature into a full-time legislature. House Minority Leader Ilana Rubel (D) said, "I’m a little concerned generally about the potential path to a full-time legislature. Utah passed the ability to call themselves back into session and my understanding is since they did that they’ve called themselves in seven special sessions in about a year."[4]

Text of measure

Ballot question

The ballot question was as follows:[2]

“ Shall Section 8, Article III, of the Constitution of the State of Idaho be amended to provide that the Legislature must convene in organizational sessions commencing on the first Thursday of December after the general election, unless a different day shall have been appointed by law, and in special session by the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than fifteen days following the receipt of a joint written petition of at least sixty percent of the membership each house specifying subjects to be considered, and to provide that the Legislature shall have no power in such a special session to consider or pass any bills or resolutions on any subjects other than those specified in the petition and those necessary to provide for the expenses of the session?[5] ”

Ballot summary

The ballot summary was as follows:[6]

“ Currently, the Legislature may meet in a special session only upon call of the Governor. The proposed amendment would allow the Legislature to convene itself in a special session if 60% of the members in each house submit a petition to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The petition must specify the subjects to be addressed in the special session, and only those subjects could be considered during the special session.

The amendment also requires the Legislature to hold an organizational session in December following a general election. The purpose of the organizational session is to prepare for the upcoming regular session. The proposed amendment would formalize in the Idaho Constitution the Legislature's longstanding practice of holding an organizational session.[5]

”

Constitutional changes

See also: Article III, Idaho Constitution

The measure amended section 8 of Article III of the state constitution. The following underlined text was added, and struck-through text was deleted:[2]

Text of Section 8:

Sessions of Legislature

(1.)The regular sessions of the legislature shall must be held annually at the capital of the state, commencing on the second Monday of January of each year, unless a different day shall have been appointed by law, and at other times in extraordinary sessions when convened by the governor and in organizational sessions commencing on the first Thursday of December after the general election, unless a different day shall have been appointed by law.

(2) The legislature, while remaining a part-time, citizen legislature, must also be convened in special session by the president pro tempore of the senate and the speaker of the house of representatives upon receipt of a joint written petition of at least sixty percent of the membership of each house, specifying the subjects to be considered. Such special session must commence no later than fifteen days after the petition is received by the president pro tempore of the senate and the speaker of the house of representatives. At a special session convened pursuant to this section, the legislature shall have no power to consider or pass any bills or resolutions on any subjects other than those specified in the petition and those necessary to provide for the expenses of the session.[5]

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 58, and the FRE is -74. The word count for the ballot title is 137.

The FKGL for the ballot summary is grade level 14, and the FRE is 30. The word count for the ballot summary is 128.


Support

Supporters

Officials

Political Parties

Arguments

  • State Rep. Steven Harris (R): Rep. Harris said that the amendment was a response to the state legislature's inability to call itself into a special session during the summer of 2020 to respond to the coronavirus pandemic. He said, "This past summer I think we all experienced a bit of angst over our inability to react. That was frustrating. Frustrating to the point we made attempts to bring ourselves here to no avail."
  • Senate Pro Tempore Chuck Winder (R): Sen. Winder (R) said that decisions like the ones made during the coronavirus pandemic should not all be made by the governor. He said, "We just thought the legislature ought to have a roll in things like should you close a business, should you take the ability of a person's right to make a living away. It shouldn’t all just be on one person’s shoulder."
  • State Rep. Jason Monks (R): "I think it's an important function and privilege that we should be allowed to do. I think it's a privilege that's been given to the court. It's also been given to the governor's office. They don't really have to ask our permission or any other, you know, one of the three branches of government to be able to do their job."
  • Dorothy Moon, a former state representative and the chairwoman of the Idaho Republican Party: "I know all too well that Republicans of good-faith can come to different conclusions on important matters like amending our constitution. But this issue is at the very heart of meaningful separation of powers and our representative republican form of government."

Opposition

Opponents

Officials

Former Officials

Arguments

  • House Minority Leader Ilana Rubel (D): "I’m a little concerned generally about the potential path to a full-time legislature. Utah passed the ability to call themselves back into session and my understanding is since they did that they’ve called themselves in seven special sessions in about a year."
  • Former Idaho Governor Butch Otter (R): "I never saw a governor, including myself, that was requested to call a special session that they didn't call it. And so to have the legislature end up calling themselves back in, I think you're just inviting the idea of a full term, full-time legislature. I called one special session in 12 years. If I had called a special session. Every time a legislator asked me to call, we would have had as many as two or three sessions. Special sessions. Every year after the regular session. So it's a bad idea. You're going to lose a very important cultural thing and value in Idaho as well. And that is you're going to lose the citizen legislator."


Campaign finance

See also: Campaign finance requirements for Idaho ballot measures
The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through October 10, 2022. The deadline for the next scheduled reports was November 10, 2022.


There are no ballot measure committees registered to support or oppose Constitutional Amendment SJR 102. Two PACs filed independent expenditure reports. Idaho Prosperity Fund spent $68,000 in opposition to SJR 102, and Idaho Liberty PAC also spent $48,055 in opposition to SJR 102. If you are aware of a committee registered to support or oppose this amendment, please email editor@ballotpedia.org.[7]

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

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia identified the following media editorial boards as taking positions on the measure.

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

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Opposition

  • Lewiston Tribune Editorial Board: "Today, only the governor can convene lawmakers in Boise after they’ve formally adjourned their regular three-month-long session each spring — and only he can set the agenda. It’s one of the few remaining restraints on the Legislature’s authority over your lives. By all means, vote no. SJR 102 is built on a fallacy. The argument goes that because Idaho’s part-time citizen Legislature can not summon itself back to life, it is a junior partner compared to the other two branches of state government, the executive and the courts. That belies the growth of legislative power at the expense of others — particularly the executive branch — ever since Phil Batt left the governor’s office in early 1999."


Background

Regular and special sessions of state legislatures

See also: State legislative sessions

A state's legislative members meet for a regularly scheduled period of time, known as a regular session, that is usually dictated by a state's constitution or general law. As of 2022, 46 state legislatures held regular sessions annually. Montana, Nevada, North Dakota, and Texas only met in odd-numbered years.[8]

A special meeting of the legislature, known as a special session or extraordinary session, can be called by the governor or by the legislature. Special sessions are generally convened on an as-needed basis to consider specific issues and subject matter.[8]

Idaho legislative sessions

See also: Article III, Idaho Constitution

Article III of the Idaho Constitution establishes when the Legislature is to be in session; section 8 of Article III allows the Legislature to change the starting date by law. According to 67-404 Idaho Code, the Idaho Legislature convenes annually at 12:00 noon on the Monday closest to the 9th of January. Section 8 also states that the governor of Idaho can convene special sessions of the Legislature at any time.[9][10]

Between 2000 and 2020, four special legislative sessions were called in Idaho (2000, 2006, 2015, and 2020)[11]

Convening special state legislative sessions

In 2021, Idaho was one of 14 states in which only the governor could call a special session. In the other 36 states, the governor or the state legislature could call for a special session.[3]

Special sessions were able to be called by state legislatures upon a majority or supermajority vote; however, in three states, no vote of the legislature was required and a proclamation of the presiding officers could call a special session. 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.[3]

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 is tracking ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, require ballot measures for ratification. Others are 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 Idaho Constitution

To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Idaho State Senate and the Idaho House of Representatives.

This amendment was introduced as Senate Joint Resolution 102 on February 26, 2021. On March 3, 2021, the state Senate passed SJR 102 in a vote of 24-11. On April 20, 2021, the state House approved the amendment in a vote of 54-15 with one absent. Seven Republican legislators and all Democrats voted against the amendment.[1]

A different version of the amendment was filed in the state House on January 13, 2021. It did not require the written petition to specify the subjects to be covered during the special legislative session. It was approved by the state House on January 21 in a vote of 51-18, with one absent. Of the 58 Republicans in the House, 51 voted in favor of HJR 1, six voted against it, and one was absent. All twelve Democrats voted against it in the House. It did not receive a vote in the state Senate.[12]

Vote in the Idaho State Senate
March 3, 2021
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 24  Approveda
YesNoNot voting
Total24110
Total percent68.57%31.43%0.00%
Democrat070
Republican2440
Vote in the Idaho House of Representatives
April 20, 2021
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 47  Approveda
YesNoNot voting
Total54151
Total percent77.14%21.43%1.43%
Democrat0120
Republican5431

How to cast a vote

See also: Voting in Idaho

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

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 Idaho State Legislature, "SJR 102," accessed Februray 26, 2021
  2. ↑ 2.0 2.1 2.2 Idaho State Legislature, "Text of SJR 102," accessed January 21, 2021
  3. ↑ 3.0 3.1 3.2 NCSL, "Special Sessions," accessed June 3, 2021
  4. ↑ 4.0 4.1 KTVB, "Idaho Senate Ok's Plan for Lawmakers to Call Special Sessions," accessed July 12, 2021
  5. ↑ 5.0 5.1 5.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  6. ↑ Idaho Secretary of State, "Sample Ballot," accessed October 2, 2022
  7. ↑ [0[value]=381#ActivityItems Sunshine Idaho Campaign Finance, "Search," accessed November 2, 2022]
  8. ↑ 8.0 8.1 National Conference of State Legislatures, "GLOSSARY OF LEGISLATIVE TERMS," accessed May 19, 2017
  9. ↑ Idaho Secretary of State, "The Constitution of the State of Idaho," accessed August 8, 2013
  10. ↑ Idaho State Legislature, "Title 67; State Government and State Affairs," accessed August 8, 2013
  11. ↑ Idaho Press,"Gov. Brad Little says he'll call special session starting on Aug. 24," August 5, 2020
  12. ↑ Idaho State Legislature, "House Joint Resolution 1," accessed March 4, 2021
  13. ↑ Idaho Statutes, "Section 34-1101," accessed July 2, 2025
  14. ↑ 14.0 14.1 14.2 Idaho Secretary of State, "Idaho Voter Registration Form," accessed July 2, 2025
  15. ↑ Idaho Secretary of State, "Citizenship & Voting," accessed July 2, 2025
  16. ↑ 16.0 16.1 16.2 Idaho Secretary of State - Vote Idaho, "Registering To Vote," accessed July 2, 2025
  17. ↑ Idaho Legislature, "Idaho Statutes § 34-408," accessed June 26, 2025
  18. ↑ Idaho Legislature, "2025 Legislation - House Bill 278," accessed June 26, 2025
  19. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
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