The final session of the Alaska State House on Wednesday went into the early hours of Thursday morning, prompting tension and some harsh exchanges of words regarding the session’s constitutional legitimacy.
The debate centered around the language of the Alaska Constitution, which mandates that a regular session of the legislature must end within 121 days of its beginning. The Constitution states, “The legislature shall convene in regular session each year on the fourth Monday in January, but the month and day may be changed by law. The legislature shall adjourn from regular session no later than one hundred twenty consecutive calendar days from the date it convenes except that a regular session may be extended once for up to ten consecutive calendar days.”
The session passed midnight as certain House members sought to bring HB 129, an “Act relating to elections; relating to voter registration,” to a vote.
However, once the session extended past midnight on May 15 and into May 16, legislators were divided on whether any legislation passed would be valid.
Just because previous legislators and previous legislatures could not read does not mean that the precedent they said is one to be followed,” said Ben Carpenter (R-Nikiski). Carpenter took issue with the argument brought forward by other legislators that the body should complete present business because previous legislatures had done so. “The constitution is very clear. Calendar day ends. This session is over. To follow a precedent of a lawless legislature in the past is just to continue lawlessness.”
The governor or the legislature may call a special session if either deems it necessary.
Ultimately, the session was adjourned sine die, which means it comes without setting a day or time to reconvene. The sine die adjournment passed by a vote of 21-19.
