State legislative special 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?
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]
Arkansas Issue 1 (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
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Arkansas Issue 1 |
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| Result | Votes | Percentage | ||
| Yes | 335,567 | 39.10% | ||
| 522,692 | 60.90% | |||
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- Results are officially certified.
- Source
Idaho Constitutional Amendment SJR 102 (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:
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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
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Idaho Constitutional Amendment SJR 102 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 287,194 | 51.76% | |||
| No | 267,623 | 48.24% | ||
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- Results are officially certified.
- Source
See also
- State legislatures
- State legislative sessions
- Idaho Constitutional Amendment SJR 102, Legislative Authority to Call a Special Session Amendment (2022)
- Arkansas Issue 1, Legislative Authority to Call a Special Session Amendment (2022)
Footnotes