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Rep. George Nikolicakos proposes raising threshold, requiring draft to trigger special-session poll

House Legislative Administration · February 3, 2025
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Summary

Representative George Nikolicakos introduced House Bill 3 48 to raise the number of legislators required to request a special-session poll from 10 to 30 (one-fifth of the body) and to require a bill draft be submitted with requests; the Secretary of State dvised only modest procedural changes and possible slight print-cost increases.

Representative George Nikolicakos introduced House Bill 3 48, proposing to increase the number of legislators required to request a special-session poll from 10 to 30 (one-fifth of the legislature) and to require that a draft bill accompany any such request.

Nikolicakos, sponsor of the measure, said the change is intended to ensure special sessions remain rare and well-considered. "House Bill 3 48 is a straightforward piece of legislation that addresses how our legislature triggers special sessions," he said, adding that special sessions "spend taxpayer money...cost staff and legislators time and effort" and that requiring a draft bill would provide "a genuine concrete starting point" for discussion.

Richie Melby of the Secretary of State's office, appearing as an informational witness, summarized how the office administers special-session polling and said the bill's principal operational change is that draft legislation would be included in the ballot packet. Melby cautioned that including drafts could slightly increase print costs depending on the draft's length: "Print costs for putting in that in there may go up, you know, slightly," he said.

Committee members raised legal and technical questions. Representative Sherbert asked whether non-returned ballots could be excluded from the denominator used to calculate a majority; staff advised that the current statutory approach treats non-returns effectively as a no and that any different treatment would raise constitutional and drafting questions. Representative Tusk asked why the sponsor chose 30 signatories; Nikolicakos said 30 balances raising the threshold without making special sessions prohibitive and allows minority-party input while discouraging publicity-driven calls.

Melby provided recent historical context: in February 2024 the Secretary of State's office recorded four special-session requests, with signatures on the request letters ranging from about 12 to roughly 20, which would have fallen short of the proposed 30-signature threshold.

Nikolicakos closed by saying he had consulted an attorney and believes the state constitution contemplates "a majority of the legislature," not merely a majority of those polled, and urged the committee to advance the bill for further consideration. The hearing on House Bill 3 48 was closed; the committee indicated it would schedule further action at a later date.

The committee took no immediate formal action on House Bill 3 48 during this session.