States findings of the Legislature and calls on Congress to pass a constitutional amendment affirming the authority of states to govern their election processes.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE JOINT MEMORIAL NO. 109 BY STATE AFFAIRS COMMITTEE A JOINT MEMORIAL1 TO THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES IN CON-2 GRESS ASSEMBLED AND TO THE CONGRESSIONAL DELEGATION REPRESENTING THE3 STATE OF IDAHO IN THE CONGRESS OF THE UNITED STATES.4 We, your Memorialists, the Senate and the House of Representatives5 of the State of Idaho assembled in the Second Regular Session of the6 Sixty-eighth Idaho Legislature, do hereby respectfully represent that:7 WHEREAS, Section 2, Article I of the Constitution of the State of Idaho8 declares that "All political power is inherent in the people. Government is9 instituted for their equal protection and benefit, and they have the right to10 alter, reform or abolish the same whenever they may deem it necessary"; and11 WHEREAS, the Tenth Amendment to the Constitution of the United States12 affirms that any powers not delegated to the federal government are reserved13 to the states or the people, reinforcing the principle of federalism; and14 WHEREAS, the states have long served as laboratories of a republic,15 uniquely positioned to establish election laws and policies that reflect the16 needs, values, and interests of their citizens; and17 WHEREAS, a robust system of state-led election governance strengthens18 self-government, promotes accountability, and preserves the integrity of19 the electoral process by ensuring that the people of each state determine20 how best to protect their representation, secure their ballots, and maintain21 participation in democratic processes; and22 WHEREAS, the framers of the Constitution of the United States rec-23 ognized the primary role of the states in structuring election laws and24 mechanisms, understanding that a one-size-fits-all federal approach is nei-25 ther necessary nor desirable; and26 WHEREAS, the people of Idaho have a vested interest in ensuring that27 their electoral processes remain transparent, secure, responsive to Idaho28 priorities, and free from disproportionate federal influence or mandates29 imposed by entities or individuals that may not reflect the will or security30 needs of Idaho voters; and31 WHEREAS, the principle of self-governance requires that states retain32 the ability to establish laws governing elections, including the influence33 of money and outside forces, consistent with their unique circumstances and34 policy considerations; and35 WHEREAS, the constitutional amendment process provides an avenue for36 reaffirming the role of the states in overseeing elections and ensuring that37 their authority in this realm is preserved.38 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular39 Session of the Sixty-eighth Idaho Legislature, the Senate and the House40 of Representatives concurring therein, that the Legislature hereby calls41 upon the members representing Idaho in the Congress of the United States to42 actively uphold the principles of federalism and to be proponents of ap-43

2 propriate action, including, if necessary, championing a constitutional1 amendment that affirms the primary role and the authority of states to govern2 their election processes and establishes the ability of the states to enact3 policies regarding campaign finance, election security and transparency,4 and outside influence in a manner that is consistent with established con-5 stitutional principles and that prioritizes state sovereignty.6 BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is7 hereby authorized and directed to forward a copy of this Memorial to the8 President of the Senate and the Speaker of the House of Representatives of9 Congress and to the congressional delegation representing the State of Idaho10 in the Congress of the United States.11