"Children have never been very good at listening to their elders, but they have never failed to imitate them."
--James Baldwin
SENATE DEMOCRATIC CAUCUS SPECIAL SESSION NEWSLETTER
Limitations on the Special Session
Under Idaho law, only the Governor can call the Legislature into a special session. Governor Little issued a proclamation doing just that and the Legislature began its work on Monday, August 24. The proclamation specifies the subjects for the special session and the Legislature is limited by law to considering only those topics. The topics in the proclamation are absentee voting during the pandemic, in-person polling locations during the pandemic, and civil liability.
The Senate Democratic Caucus would have liked for this special session to address issues that are much more pressing to the people of Idaho. Subjects like education, evictions, and the scope of the Governor's authority are all topics on which the people of Idaho have asked us urgently for relief and solutions.
The Idaho Attorney General's opinion on HCR1, which was drafted to end the state of emergency in Idaho, is that the resolution would have been unconstitutional. Outside counsel agreed with this assessment. Whatever topics we might think needed to be addressed during the special session, it is imperative that we act within the constraints of existing law and follow our oaths to Idaho's Constitution. It is a matter of principle, but also a matter of practicality. Wasting Idahoans' hard-earned tax dollars to consider matters that are not properly before us only to reject them on that basis, or worse to pass them and subject the taxpayers to the possibility of paying even more legal fees to defend losing cases than we already have in recent times, would be irresponsible.
We regret our inability to legally address anything outside the scope of the Governor's proclamation and we look forward to the 2021 regular session when we will not face these constraints. The Senate passed SR101, which lays out many concerns related to emergency powers and how power is allocated between the three branches of the state government as well as other concerns. These are complicated issues and we look forward to robust discussion during the regular session.
Support for Peaceful Protest
The First Amendment right to petition the government is of paramount importance. The Senate Democratic Caucus fully supports peaceful protest at the Statehouse. However, we condemn those who cause the destruction of property and refuse to abide by lawful restrictions that are in place to ensure safety. Overcrowding galleries and hearing rooms in violation of reasonable social distancing requirements and fire codes, and ignoring instructions from law enforcement is unsafe and unacceptable behavior. Heckling members of the legislature or, worse, threatening their safety as they go about the business of the people, is counterproductive and disappointing. We are particularly disappointed that the Speaker of the House chose to ignore predetermined safety protocols and put everyone at risk by condoning the actions of those who damaged property at the Capitol and allowing them to be seated in the House gallery. We thank law enforcement for ensuring the safety of all concerned and helping the legislature to complete the people's business.
Bills During the Special Session
The House and the Senate generated several bills during the special session. The quick process included public testimony and legal analyses.
H0001 would require an opportunity to vote in person. This bill passed the House unanimously and passed the Senate.
H0002, H0003, H0004, and H0005 all address civil liability. All four died in the House committee.
H0006 provides limited immunity related to coronavirus. The House and Senate both passed this bill, with the vote divided largely along party lines.
HCR001 called for the state of emergency to end. A divided House passed this resolution. An Attorney General's opinion and an outside counsel's opinion agreed that it would have been unconstitutional. The Senate laid the resolution on the table, meaning it did not take it up for consideration.
HR001 urges the Governor to use CARES Act funds for poll workers. This resolution passed the House easily. Because it is a House Resolution it did not come before the Senate.
S1001a has provisions related to absentee ballots. This bill passed the House and Senate easily.
S1002 would have allowed for voting centers. The Senate passed this bill; however, it died in the House committee.
SR101 expresses the Senate's understanding that terminating the Governor's emergency order was not properly before it during the special session and outlines a variety of matters that the Senate believes should be considered during the 2021 regular session.
Sincerely,
Michelle
