Following this past Tuesday's presidential election, California Governor Gavin Newsom proclaimed an special session of the California legislature. The Governor's proclamation specified two reasons for the special session:

• Provide additional funding to the California Department of Justice and other agencies, departments, boards, and offices within the Executive Branch to support the ability to immediately file affirmative litigation challenging actions taken by the incoming Trump Administration, defend against litigation or enforcement actions brought by the incoming Trump Administration, and take administrative action authorized under state law to mitigate the impacts of actions by the incoming Trump Administration.
• Make conforming changes to existing law consistent with the preceding paragraph.

A special session is required because under Rule 51(b)(3) of the legislature's joint rules, the legislature went into recess on September 1, 2024 and will be in recess until adjournment sine die on November 30, 2024.

Governor Newsom issued his proclamation pursuant to Article IV, Section 3(b) of the California Constitution which provides:

On extraordinary occasions the Governor by proclamation may cause the Legislature to assemble in special session. When so assembled it has power to legislate only on subjects specified in the proclamation but may provide for expenses and other matters incidental to the session.

Thus, a necessary precondition to the Governor's authority is the existence of an "extraordinary occasion", a term not defined in the Constitution. The California Court of Appeal has observed that "extraordinary" means “going beyond what is usual, regular, common, or customary”; and “having little or no precedent and usu[ally] totally unexpected.” Matea v. Workers' Comp. Appeals Bd., 144 Cal. App. 4th 1435, 1448, 51 Cal. Rptr. 3d 314, 324 (2006), as modified on denial of reh'g (Dec. 12, 2006). This definition is consonant with the word's Latin roots - extra meaning beyond and ordinarius meaning belonging to order or orderly. Applying this definition, a presidential election, which occurs quadrennially, is clearly not "extraordinary". In ancient Rome, consuls were referred to as ordinarii consules because they were elected annually. See, e.g., T. Livy, Ab Urbe Condita, Bk, XLI, Ch. 18 ("quando duo ordinarii consules eius anni" (when the two ordinary consuls of that year").