BOISE, Idaho – The Idaho House Caucus released an analysis from the Attorney General Office earlier this afternoon regarding the scenario where the Senate adjourns sine die and the House is unable to adjourn sine die due to the lack of a majority. The analyst concludes that the Senate adjournment sine die may be “limited in legal effect” and invalid. Brian Kane, Chief Deputy states in his analysis,

“It appears that if one chamber recesses while the other adjourn sine die, then the adjournment could be considered invalid because it has not been concurred in by the other chamber. In sum, one interpretation could be that both chambers are considered to be in an extended recess pending concurrence for adjournment purposes.” 

Further in the analysis, Chief Deputy Kane agrees that by way of the House recessing, “the likely default result is that both chambers would be considered in recess.” He goes on to say, “When the House returns, if it does not sine die, then the Senate will likely have three days in which to return.”

In a press conference with Idaho House Leadership early Thursday morning, Bedke commented that he was not sure what future events will be coming, therefore leadership is not certain when the House would return back to Boise. He went on to explain that the call to return wouldn’t be unilateral. He felt it is important they come back only if they need to and that the decision to come back would need to be mutual between the House and the Senate. According to the Press release from the Idaho Republican Caucus,

“While there is no reason known at present that would necessitate the return of the House, and subsequently the Senate, this move addresses the constituent concerns over uncertainties about federal actions. This recess also preserves the part-time nature of the Idaho Legislature that we all appreciate.”

Click the link to view the full Attorney General Analysis: AG Analysis Letter