BOISE, Idaho — About a week out from the November general election, thousands of Idahoans have a yes or no decision to make on their ballot. Should the Idaho constitution be amended to allow the Idaho legislature to call itself back for special legislative sessions?
Former Idaho Governor Butch Otter is speaking out on the issue. Not that long ago, it was him in the Governor’s office considering the topic. Almost a full election cycle later, he recalls the very end of his term.
Otter said he has stayed busy since leaving office, staying plugged in to the Idaho politics world. As a former Governor, he does not think Idahoans should support giving lawmakers the ability to call themselves back.
“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,” Otter said.
Governor Otter, speaking from experience, said he believes Idaho governors have hit the mark on calling lawmakers back, keeping it strictly for when it is needed.
“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,” Otter said.
In recent weeks we have heard from Idaho lawmakers who believe Idahoans should vote yes on the ballot question. Assistant House Majority Leader, Republican Rep. Jason Monks, supports the idea of the principle of equal branches of government.
“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,” Monks said.
Those critical of the idea to allow lawmakers to call themselves back into session believe it is a road to a full-time legislature. Monks believes giving lawmakers the option to call themselves back will prevent messy legislative sessions that drag on in the future.
“Couple of years ago, we never Sine die. The House did, the Senate did and so we were technically in session the entire year," Monks said. "We had to do that because with the only way to make sure that we were able to respond to COVID emergency problems that may have come up and by allowing us to call ourselves back in, will really prevent us from being forced to be a year-round legislature, which really nobody wants."
Otter argues the Idaho constitution is clear on what the balance of powers should look like in the Gem State.
“Well, all of those things, were put in the Constitution by the founders because they didn't want that balance to be so far to one side, the executive branch or to the legislative branch. They wanted them to be able to have the checks and balances that we now have because the legislature can't call themselves back into a special session,” Otter said.
“I think it's important for us to be able to work as a legislative body. It's not necessarily about passing legislation. It's just whether or not we can get to discuss issues," Monks said. "We may call ourselves back in and decide, 'you know what, there's nothing for us to do or the best course of action is to wait,' and that's okay, too, but having that conversation, I think, is critical."
Some lawmakers have argued it is also about the principle of allowing the legislature to do its jobs, even if adjournment has already happened. For example, federal COVID dollars were sent to the states in 2020, after lawmakers had adjourned.
“It's our job to legislate and it's our job to appropriate all the money, and so if there's funding that comes in emergency funding for something, we need to be there to be able to appropriate that money,” Monks said.
Otter said he thinks Idaho governors, going back decades, have hit the mark on calling special sessions. He argues, again, that allowing lawmakers to call themselves back will greatly change the face of Idaho politics.
“One of the great reputations Idaho has is, we're one of the least regulated states in the nation. If you got a full-time legislature, which you will have, I predict the legislature when they're in session, other than maybe budget and even sometimes they're they can be up to mischief. You know, we're here. We need to do something. Let's do this. Let's do that. So now you've got another law,” Otter said.
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