TallyIDAHOLegislative Tracker

Idaho Bills

790 bills · 2025 Regular Session

H0085house

Amends existing law to provide that the governor may veto certain initiative petitions approved by the voters and for voters to override a governor's veto.

This legislation addresses the initiative process, within the bounds of the Idaho Constitution and a decision of the Idaho Supreme Court. The Idaho Supreme Court is clear that the initiative power is essentially coextensive with the Legislature’s power to enact legislation. But Article III, Section 1 of the Constitution says, “The people reserve to themselves the power to propose laws and enact the same at the polls independent of the legislature.” The Constitution is silent on what role the Governor could play in the process. Because the case law says that people’s right to initiate legislation is essentially the same as the Legislature’s, and because the Legislature cannot enact a law independent of presentment to the Governor, the initiative legislation should also be subject to presentment to the Governor for his signature or veto. While the Legislature has expertise on staff to advise on matters of policy and appropriations, the voters do not. So the information they rely on when deciding to vote might not be as helpful. Since initiatives are allowed to have an emergency clause to allow immediate implementation, the legislature may not be in session to preview initiative legislation. It would be prudent to implement veto power to the Governor over any initiative passed by the people.

Bruce Skaug · HD-010B

Introduced
← Prev156732Next →