State legislative special sessions

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State legislative sessions
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In addition to traditionally scheduled state legislative sessions, a state may convene a "special" or "extraordinary" session of its state legislature. The process for calling a special legislative session may be contained in a state's constitution or statute. Generally, a special legislative session is limited in scope and time, meaning a legislature may only consider matters contained within a "convening proclamation" and for only a pre-determined amount of time.

Regular versus special 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.[1] 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.

Forty-six state legislatures hold regular sessions annually. The other four states—Montana, Nevada, North Dakota, and Texas—meet 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.

What is a special session?

In addition to regularly scheduled sessions, state legislatures may also be convened into "special" or "extraordinary" sessions. Special sessions occur outside a regularly scheduled session and are typically convened so that the legislature can address emergencies or otherwise urgent measures facing the state. Historically, special sessions have addressed matters including, but not limited to, a state's budget, redistricting, or recent natural disaster.

How is a special legislative session called?

This is an example of a convening proclamation

When a special legislative session is called, the governor typically issues a "convening proclamation" that expresses the subject of the special session as well as the special session's duration, if required by law.

State legislative special sessions are generally limited both in scope and time, meaning the legislature can only consider matters contained within a convening proclamation and for a pre-determined amount of time. The process for calling special legislative sessions is often contained in a state's constitution and general statutes.

Who calls a special session?

In 37 states, a special legislative session may be called by either the state's governor or its legislature. For the 13 remaining states, a special session may only be called by the governor.[2]


Ballot measures related to special sessions

Arkansas Issue 1 (2022)

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

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%

Defeated No

522,692 60.90%
Results are officially certified.
Source


Idaho Constitutional Amendment SJR 102 (2022)

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

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.[3] 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


See also

Footnotes