An Idaho ballot measure would give legislators more power. Here’s the choice before voters

Voters on Tuesday will decide whether the Idaho Legislature should be able to call itself into a special session.

A constitutional amendment on the Nov. 8 general election ballot would give legislators the power to return to the Idaho Capitol, without the governor’s approval. Currently, state lawmakers hold an annual regular session starting in January. Only the governor has the power to make lawmakers meet again after they adjourn for the year.

Republican lawmakers started working on the proposal for the amendment in 2020, when the Legislature largely was powerless in the throes of the COVID-19 pandemic. They wanted a say in public health measures, such as mask requirements and business closures, and in appropriating federal coronavirus relief funds — outside of their regular, part-time legislative session.

The proposed constitutional amendment needs approval by a simple majority of voters. If given the green light Tuesday, lawmakers will be able to convene on their own, if at least three in five members of both the House and Senate agree to meet for a special session.

“Give us a fighting chance, as a Legislature, to do the things that we need to do … particularly when it comes to appropriating funds and dealing with extreme, long-term emergencies,” Senate Majority Leader Chuck Winder, R-Boise, said during a 2021 debate, before lawmakers approved the resolution putting the question to voters.

Critics worry the amendment could lead to the Legislature becoming full-time. Currently, it meets a few months each year.

Former Idaho Gov. C.L. “Butch” Otter wrote in a recent column that the amendment would set the stage for “a full-time Legislature like California and other left-leaning states.”

“Simply put, more legislative activity equals more government meddling and more regulations,” Otter, a Republican, wrote. “Less legislative activity equals less government and fewer regulations. It is just common sense.”

Business lobby, Idaho GOP tussle over amendment

The state’s most powerful business lobby, the Idaho Association of Commerce and Industry (IACI), opposes the proposed change to the separation of powers that’s been in place for over 130 years. The group’s president, Alex LaBeau, said his clients “don’t like the idea of a full-time Legislature that is expensive for the taxpayers.”

“We don’t need the Legislature, essentially the board of directors, involved in the executive day-to-day decision-making in a regulatory environment,” LaBeau told the Idaho Statesman by phone.

Idaho GOP Chairwoman Dorothy Moon argued that Idaho’s system should be more like that of Congress, which can call itself into special sessions.

“In Great Britain, the king could control when Parliament could meet and when it could be dissolved,” Moon said in a news release. “Our Founding Fathers knew British history, and they knew that no king or executive should be able to choose when the people’s representatives could meet.”

The constitutional amendment “corrects Idaho’s historic error and puts the legislative and executive powers on equal footing,” Moon said in the release, before criticizing IACI for failing to understand “constitutional nuance.”

LaBeau said Idaho already has a good balance of power. The executive branch implements and enforces laws set up by the Legislature, and lawmakers review the executive branch’s rules, LaBeau said.

“That’s how our constitution is set up, and it works very well,” he said. “And we don’t need to upset the apple cart.”

The amendment stipulates that lawmakers must specify the subjects they’ll address in a special session and only consider those issues when they meet.

House Speaker Scott Bedke, R-Oakley, said he advocated for a higher threshold than 60% to call a special session. If lawmakers want to convene outside a call by the governor, it’s probably because they’re at “cross-purposes” with the governor and will need two-thirds to override an executive veto, anyway, Bedke said during a debate last month. He’s running for lieutenant governor.

“Otherwise you’re just going to go in and, arguably, grandstand,” Bedke said.

The 11-term lawmaker voted in favor of proposing the amendment in 2021, and has since rebuked claims that it’s a power-grab by the Legislature. But Bedke hedged his support during last month’s debate.

“I think all Idahoans should decide whether or not we’re going to amend our constitution,” he said. “That’s why I supported it.”

In a Friday call with the Statesman, Bedke declined to share how he’ll vote on the ballot question and said he’d prefer to remain “demure.”

Should education spending, tax cuts continue?

Also on the general election ballot is an advisory question that asks voters whether they support the intent of legislation lawmakers passed during a special session in September.

Lawmakers approved Gov. Brad Little’s proposal to direct an extra $410 million in sales tax revenue to education programs and public schools. The bill also created a flat income tax of 5.8% and issued $500 million in income tax rebates.

The tax code changes superseded a citizen-led ballot initiative that would have created a new income tax bracket for wealthy Idahoans and corporations to generate hundreds of millions for public schools. That initiative was withdrawn following the special session.

The results of the advisory question will guide the Legislature on whether it’ll continue ongoing elements of the bill, including the new flat tax rate and education spending. But the question is non-binding. If most voters oppose the bill, the Legislature won’t be required to change it.