Kentucky Constitutional Amendment 1, Changes to Legislative Session End Dates and Special Sessions Measure (2022)

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

Kentucky Constitutional Amendment 1, the Changes to Legislative Session End Dates and Special Sessions Amendment, was on the ballot in Kentucky as a legislatively referred constitutional amendment on November 8, 2022. The measure was defeated.

A "yes" vote supported allowing the state legislature to change the end date of the legislative session through a three-fifths vote in each chamber; providing that a special legislative session up to 12 days may be called by the House speaker and the Senate president; and adds that laws take effect on July 1 in the year the act was passed or 90 days after it is signed by the governor, whichever is later.

A "no" vote opposed removing legislative session end dates from the state Constitution, allowing the state legislature to set the legislative session end dates by a three-fifths vote in each chamber, and allowing the House speaker and the Senate president to call a special legislative session up to 12 days.

Election results

Kentucky Constitutional Amendment 1
Result		Votes	Percentage
Yes		602,226	46.45%
No		694,311	53.55%

Results are officially certified.

Source

Overview

See also: Text of measure

What would the amendment have done?

The amendment was designed to remove specific legislative session end dates from the constitution and provide instead that odd-year sessions are limited to 30 legislative days and even-year sessions are limited to 60 legislative days. The amendment would have allowed the state legislature to set the legislative end date by statute or joint resolution and to change the end date of the legislative session through a three-fifths vote in each chamber. It also would have allowed the House speaker and the Senate president to jointly call a special legislative session for up to 12 days. In 2022, Kentucky was one of 14 states in which only the governor could call a special session. The measure also would have added that laws, except general appropriations, would have taken effect on July 1 in the year the act was passed or 90 days after it was approved, whichever was later.

How do other states convene special legislative sessions?

See also: Convening special state legislative sessions

In 2022, Kentucky was one of 14 states in which only the governor could call a special session. In the other 36 states, special sessionsmay have been called for by the governor or the state legislature itself. Special sessions may have been called by state legislatures upon a majority or supermajority vote, however, in three states, no vote of the legislature were required and a special session may have been called by a proclamation of the presiding officers. In 10 states, a simple majority vote were required. In 17 states, a two-thirds supermajority vote were required. Five states required a three-fifths supermajority vote. One state, Missouri, required approval from three-fourths of legislators.

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

Were similar measures on the ballot in other states in 2022?

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

Ballotpedia was tracking ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Following the COVID-19 pandemic, state legislatures have passed constitutional amendments concerning legislative procedures including appropriations limits during emergencies, governors' executive powers, legislative session end dates, calling special sessions, and more. Two amendments in Idaho and Arkansas were on the 2022 ballot that would allow their respective state legislatures to call themselves into a special session.

Text of the measure

Ballot question

The following ballot question appeared with the complete text of the amendment:

“

Are you in favor of amending the present Constitution of Kentucky to repeal sections 36, 42, and 55 and replace those sections with new sections of the Constitution of Kentucky to allow the General Assembly to meet in regular session for thirty legislative days in odd-numbered years, for sixty legislative days in even-numbered years, and for no more than twelve additional days during any calendar year if convened by a Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, with no session of the General Assembly to extend beyond December 31; and to provide that any act passed by the General Assembly shall become law on July 1 of the year in which it was passed, or ninety days after passage and signature of the Governor, whichever occurs later, or in cases of emergency when approved by the Governor or when it otherwise becomes law under Section 88 of the Constitution?

”

Constitutional changes

See also: Kentucky Constitution

The measure would have repealed sections 36, 42, and 55 of the Legislative Department article of the state constitution and replaced them with two new sections. The following underlined text would have been added, and struck-through text would have been deleted: Note: Hover over the text and scroll to see the full text.

Proposed new section: (1) The General Assembly, in odd-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January for the purpose of electing legislative leaders, adopting rules of procedure, organizing committees, and introducing and considering legislation.

(2) No regular session of the General Assembly occurring in odd-numbered years shall continue beyond thirty legislative days.

(3) No bill raising revenue or appropriating funds shall be passed by the General Assembly in a regular session in an odd-numbered year unless it shall be agreed upon by three-fifths of all the members elected to each House.

(4) The General Assembly, in even-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January, and no regular session of the General Assembly in even-numbered years shall extend beyond sixty legislative days.

(5) Except as otherwise provided in this Constitution, the General Assembly shall establish by general law or joint resolution the date the regular session shall end. No bill establishing a later date shall be passed by the General Assembly unless it shall be agreed upon by three-fifths of all the members elected to each House. No session of the General Assembly shall extend beyond December 31.

(6) In addition to a regular session, the General Assembly may be convened by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives for no more than twelve legislative days annually, during which the General Assembly may recess from time to time as it determines necessary. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives.

(7) All sessions of the General Assembly shall be held at the seat of government, except in the case of war, insurrection, or pestilence, when it may, by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, assemble, for the time being, elsewhere. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives.

(8) Limitations as to the length of any session of the General Assembly shall not apply to any extraordinary session under Section 80 of this Constitution or in the Senate when sitting as a court of impeachment.

(9) A legislative day shall be construed to mean a calendar day, exclusive of Sundays, legal holidays, or any day on which neither House meets.

Proposed new section: No act, except general appropriation bills, shall become a law until July 1 of the year in which it was passed, or until ninety days after it becomes law under Section 88 of this Constitution, whichever occurs later, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the Governor or when it otherwise becomes a law under Section 88; but the reasons for the emergency that justifies this action must be set out at length in the journal of each House.

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

Text of Section 36:

(1) The General Assembly, in odd-numbered years, shall meet in regular session for a period not to exceed a total of thirty (30) legislative days divided as follows: The General Assembly shall convene for the first part of the session on the first Tuesday after the first Monday in January in odd-numbered years for the purposes of electing legislative leaders, adopting rules of procedure, organizing committees, and introducing and considering legislation. The General Assembly shall then adjourn. The General Assembly shall convene for the second part of the session on the first Tuesday in February of that year. Any legislation introduced but not enacted in the first part of the session shall be carried over into the second part of the session. In any part of the session in an odd-numbered year, no bill raising revenue or appropriating funds shall become a law unless it shall be agreed to by three-fifths of all the members elected to each House.

(2) The General Assembly shall then adjourn until the first Tuesday after the first Monday in January of the following even-numbered years, at which time the General Assembly shall convene in regular session.

(3) All sessions shall be held at the seat of government, except in case of war, insurrection or pestilence, when it may, by proclamation of the Governor, assemble, for the time being, elsewhere.

Text of Section 42:

The members of the General Assembly shall severally receive from the State Treasury compensation for their services: Provided, No change shall take effect during the session at which it is made; nor shall a session occurring in odd-numbered years extend beyond March 30; nor shall a session of the General Assembly continue beyond sixty legislative days nor shall it extend beyond April 15; these limitations as to length of session shall not apply to the Senate when sitting as a court of impeachment. A legislative day shall be construed to mean a calendar day, exclusive of Sundays, legal holidays, or any day on which neither House meets.

Text of Section 55:

No act, except general appropriation bills, shall become a law until ninety days after the adjournment of the session at which it was passed, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the Governor; but the reasons for the emergency that justifies this action must be set out at length in the journal of each House.

Full text

The full text of the amendment is available here.

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 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 64, and the FRE is -89. The word count for the ballot title is 154.

Support

Supporters

Officials

• State Rep. Lynn Bechler (R)
• State Rep. Danny Bentley (R)
• State Rep. Adam Bowling (R)
• State Rep. Joshua Branscum (R)
• State Rep. Daniel Fister (R)
• State Rep. Patrick Flannery (R)
• State Rep. Deanna Frazier Gordon (R)
• State Rep. Chris Fugate (R)
• State Rep. Robert Goforth (R)
• State Rep. David Hale (R)
• State Rep. Richard Heath (R)
• State Rep. D.J. Johnson (R)
• State Rep. Kim King (R)
• State Rep. Derek Lewis (R)
• State Rep. C. Ed Massey (R)
• State Rep. Chad McCoy (R)
• State Rep. David Meade (R)
• State Rep. Suzanne Miles (R)
• State Rep. Jerry T. Miller (R)
• State Rep. Kimberly Moser (R)
• State Rep. Jason Michael Nemes (R)
• State Rep. David Osborne (R)
• State Rep. Phillip Pratt (R)
• State Rep. Melinda Gibbons Prunty (R)
• State Rep. Brandon Reed (R)
• State Rep. Steven Rudy (R)
• State Rep. Sal Santoro (R)
• State Rep. Steve Sheldon (R)
• State Rep. Walker Thomas (R)
• State Rep. James A. Tipton (R)
• State Rep. Ken Upchurch (R)
• State Rep. Billy Wesley (R)

Arguments

• House Speaker David Osborne (R): "If we're going to be here, then let's be as effective as we can possibly be. Let's be as efficient as we can possibly be. … We don't want to fall into that trap of becoming a full-time legislature. We need to honor the intent of our service as a part-time legislature."
• State Sen. David Givens (R): Sen. Givens said that the amendment would allow the legislature "to become a more co-equal branch of government."
• Jim Waters, president and chief executive officer of the Bluegrass Institute for Public Policy Solutions: Waters argued that the amendment would balance the power between the governor and the state legislature when addressing crises like the COVID-19 pandemic. He said, "While this column has previously expressed plenty of concern over allowing legislators more days to meet, it’s unavoidable considering the current executive’s antics not to see this proposed amendment as a feasible way of addressing Beshear’s heavy-handed approach to locking down the state and interfering with parents’ and local school districts’ decision-making regarding how best to respond to COVID-19 and its mutations."

Opposition

Opponents

Officials

• Gov. Andy Beshear (D)

Organizations

• Kentucky Conservation Committee
• League of Women Voters of Kentucky

Arguments

• Kentucky Conservation Committee: "Most states allow the legislature to call a special session and Kentucky doesn’t, BUT most states also require a two-thirds veto to override a gubernatorial veto and Kentucky has only a majority, so Kentucky’s office of the Governor is already weak compared to governors in other states. If ballot measure 1 were to pass, it would make the office of the Governor even weaker, and the position of KCC is that it’s important to keep as much checks-and-balance parity between the legislature and Governor as possible, especially because both exercise powers related to KCC’s conservation mission."
• League of Women Voters of Kentucky: "The League of Women Voters of the United States believes that democratic government depends upon informed and active participation in government at all levels of government. The League further believes that governmental bodies must protect the citizen’s right to know by giving adequate notice of proposed actions, holding open meetings, and making public records accessible."
• Gov. Andy Beshear (D): “No branch should be too strong. Yet the legislature wants to give itself more power so that it could call itself into session to change an executive branch decision over the most minute thing.”

Campaign finance

See also: Campaign finance requirements for Kentucky ballot measures

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

	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

Support

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

Opposition

The following media editorial boards published an editorial opposing the ballot measure:

• Lexington Herald Leader Editorial Board: "It’s very clear how easily these new rules would allow the General Assembly to become full-time, with taxpayer-backed full-time salaries to match. This particular bill is a power grab by legislators piqued by a governor’s well-justified actions during a once in a lifetime pandemic. It’s also quite obvious that special sessions are only needed in extraordinary moments, such as the devastating floods that swept through Eastern Kentucky in July. The governor called a much-needed special session immediately; lawmakers met and voted to send $200 million in aid to the region. The system worked as it should. The General Assembly has frequently imposed its will on the executive branch, and will continue to do so in their regular sessions, where they have plenty of time to pass laws. Vote no on Amendment 1."

Background

Kentucky legislative session dates

See also: Section 36 of the Kentucky Constitution

Section 36 of the Kentucky Constitution establishes when the General Assembly is required to meet. Regular sessions convene on the first Tuesday after the first Monday in January. Sessions in odd-numbered years can last no more than 30 legislative days and must be concluded by March 30. Sessions in even-numbered years can last no more than 60 legislative days and must be concluded by April 15. The governor may call additional special sessions.

Kentucky established annual sessions of the legislature in 2000 with the approval of Amendment 1. It was approved with 52.33% of the vote. Prior to the amendment, the state legislature only met for 60 days during even-numbered years.

The legislature convened on January 5, 2021 and adjourned on March 30, 2021.

State legislative session dates

See also: Dates of 2021 state legislative sessions

Each state has its own legislature. The Tenth Amendment of the U.S. Constitution declares that any power not already given to the federal government is reserved to the states and the people. State governments across the country use this authority to hold legislative sessions where a state's elected representatives meet for a period of time to draft and vote on legislation and set state policies on issues such as taxation, education, and government spending. The different types of legislation passed by a legislature may include resolutions, legislatively referred constitutional amendments, and bills that become law.

As of 2022, 46 state legislatures held regular sessions annually. The other four states—Montana, Nevada, North Dakota, and Texas—met in odd-numbered years. The length of a session may be set by a state's constitution, a statute, or by the legislature and varies among the states. Special or extraordinary sessions may also be called by a state's governor or legislature over a specific subject matter during or after a regular session.

Nine state legislatures had full-time legislators, meaning the legislature meets throughout the year. All other legislators are considered part-time because they only meet for a portion of the year.

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

Convening special state legislative sessions

As of 2022, Kentucky was one of 14 states in which only the governor could call a special session. In the other 36 states, special sessions may have been called for by the governor or the state legislature itself. Special sessions may have been 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 may be called by a proclamation of the presiding officers. In 10 states, a simple majority votewas 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

In 2022, Ballotpedia was tracking 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 collected 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 Kentucky Constitution

To put a legislatively referred constitutional amendment before voters, a 60 percent vote is required in both the Kentucky State Senate and the Kentucky House of Representatives.

This amendment was introduced as House Bill 4 on January 5, 2021. The House passed the bill by a vote of 77-16 with seven members not voting on January 7, 2021. The state Senate passed a different version of the bill on March 1, 2021, with a vote of 31-4 with three members not voting. The House concurred on March 15, 2021, with a vote of 78-16 with six members not voting. Vote totals by party are shown below.

Vote in the Kentucky State Senate March 1, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 23  a
	Yes	No	Not voting
Total	31	4	3
Total percent	81.6%	10.5%	7.9%
Democrat	2	3	3
Republican	29	1	0

Vote in the Kentucky House of Representatives March 15, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 60  a
	Yes	No	Not voting
Total	78	16	6
Total percent	78%	16%	6%
Democrat	6	16	3
Republican	72	0	3

How to cast a vote

See also: Voting in Kentucky

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

How to cast a vote in Kentucky

Poll times In Kentucky, all polls are open from 6:00 a.m. to 6:00 p.m. Central and Eastern Time. All those in line by 6:00 p.m. will be permitted to vote. Registration Check your voter registration status here. According to the Kentucky State Board of Elections, in order to register to vote, a person must: “ Be a U.S. citizen and a Kentucky resident for at least 28 days before the election. Non-U.S. citizens, including U.S. nationals do not qualify; Be at least 18 years old by the next General Election; Kentucky law allows qualified individuals to register at 17 years of age and be able to participate in a Primary Election if the individual will be 18 years old by the General Election; Not be a convicted felon (or, if convicted of a felony, my right to vote has been restored following an expungement, Executive Pardon, or Executive Order; Not have been judged mentally incompetent in a court of law and have voting rights removed; Not claim the right to vote outside Kentucky. ” The deadline to submit a voter registration application is 29 days before an election, unless that day is a state or federal holiday. If mailed, applications must be postmarked by that deadline. Voter registration applications may be completed online, mailed to the county clerk's office, or submitted in person at the county clerk's office. Automatic registration Kentucky does not practice automatic voter registration. Online registration See also: Online voter registration Kentucky has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Kentucky does not allow same-day voter registration. Residency requirements Kentucky law requires 28 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 Kentucky 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, "per KRS 119.025, any person who causes himself to be registered when he is not legally entitled to register, shall be subject to penalties including fines and/or a term of imprisonment not less than one (1) year nor more than (5) years." 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 Voter Information Center site, run by the Kentucky State Board of Elections, allows residents to check their voter registration status online. Voter ID requirements Kentucky requires voters to present identification while voting. Voters can present the following forms of identification: Driver’s license Social Security card County issued identification card approved in writing by the State Board of Elections U.S. government-issued identification card Kentucky state government-issued identification card with a picture Any form of ID containing both picture and signature If a precinct officer is a personal acquaintance of the voter, the voter does not have to produce identification.

See also

2022 measures

• 2022 ballot measures
• State legislatures measures on the ballot

Kentucky

• Kentucky ballot measures
• Kentucky ballot measure laws

News and analysis

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

External links

• Kentucky House Bill 4