Idaho Bills

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.

Amends existing law to require a unique alphanumeric identifier to be printed on each election ballot.

The proposed legislation would clarify existing elections code, designating a unique alphanumeric mark on each ballot to prevent duplication of election ballots in an attempt to prevent election fraud.

Amends existing law to require certain anti-fraud measures to be employed to ensure election ballots are secure.

This legislation updates existing procedures to ensure that ballots and ballot papers are secure and cannot be tampered with. It emphasizes the importance of safeguarding the integrity of voting by making the ballots harder to counterfeit and/or duplicate. This legislation also updates Idaho Statute 34-901 by removing references to outdated and unused technology while providing guidance for the use of technology available on some current voting systems, viz., unique ballot identifiers.

Amends existing law to require an updated fiscal impact statement for initiative petitions and to revise certain filing deadlines.

This legislation requires an updated fiscal impact statement for proposed ballot measures that have reached the signature threshold and will appear on the ballot.

Amends, repeals, and adds to existing law to establish provisions regarding state board of education elections.

The State Board of Education is charged with the general supervision and governance of Idaho’s public educational institutions, agencies and school system, and sets policy for public schools throughout the state. The Board is comprised of eight members, seven of whom are appointed by the Governor, and the voter-elected Superintendent of Public Instruction. The Office of the State Board of Education implements Board policies, and oversees the public higher education institutions and the Board’s executive agencies. Currently, of the seven appointed members, three are from Boise, one from Eagle, and one from Fairfield. This legislation establishes that five of the seven members of the State Board of Education be elected by the region, establishing equal representation across the state. The Governor will appoint the remaining two members.

Amends existing law to require any person making an expenditure to finance a political statement to disclose the party affiliation of the person making the political statement, if any, and if the political statement is in support of a candidate, the party affiliation of the candidate.

The integrity of our elections is the cornerstone of a free and fair democratic process. Voters deserve clear, accurate, and transparent information to make informed decisions. However, misleading or anonymous political messaging can create confusion, undermine trust, and threaten election security. To address this issue, this legislation requires the disclosure of party affiliation on all election-related communications. By clearly identifying the political affiliation behind a message, this reform enhances voter awareness, reduces misinformation, and prevents deceptive practices designed to mislead the public. Securing elections requires accountability. This legislation ensures that candidates, campaigns, and organizations are held to a higher standard of honesty and transparency. By making political affiliations explicit, voters can better assess the motivations and credibility of those seeking to influence their choices. Importantly, this proposal does not restrict free speech or limit political participation. Political candidates already declare their party affiliation when filing for candidacy, and this common-sense reform simply extends that requirement to campaign communications. By providing voters with essential context, this legislation strengthens election integrity and security therefor upholding the trust Idahoans place in the elections process.

Amends existing law to increase the vote threshold for statewide initiative petitions and to remove obsolete language.

This bill proposes to amend Idaho Code to revise the voting threshold from fifty percent (50%) to sixty percent (60%) on statewide initiatives under Idaho Code SECTION 34-1811. It also removes obsolete language.

Amends existing law to revise certain candidate filing fees.

This legislation addresses filing fees or signatures required to run for public office. In the past few years, there have been instances of people filing to run for office to game the system pushing out competition. Raising the filing fees ensures that real candidates file to run for political office. This bill allows for a fee or signatures to run for office.

Adds to existing law to provide that only citizens of the United States may vote in public elections and to provide certain penalties for violations.

This legislation requires that only citizens shall vote in primary, general federal state, local, and public elections to include constitutional amendments, ballot initiatives or referenda in the State of Idaho. The Idaho Secretary of State shall verify the citizenship of all persons on the statewide voter registrations with Idaho Transportation Department and the Social Security Administration, remove ineligible voters and notify ineligible voters in writing.

Amends and repeals existing law to revise provisions regarding the filling of vacancies of political party candidates.

It has become common practice in recent years for some candidates to file for office as a placeholder. Then after the primary, depending on the primary results, the placeholder may withdraw, to be replaced by a serious candidate chosen by party bosses, rather than the people through the primary election process. This legislation will prevent that by limiting candidate withdrawals to the pre-primary period (except for independent candidates, whose only election is the general election). Once candidates have been selected by the voters through a primary election, they will remain that party’s candidate in the general election unless they must be replaced due to death or legal disqualification. This legislation also fixes a problem in Idaho’s 1970s-era election law that says names on ballots can be replaced as close as 10 days prior to the election. In a world in which absentee ballots must be mailed to requesting voters by 45 days before the election, this is no longer feasible. Therefore, it changes the cutoff for ballot changes to 50 days before the election.

Adds to existing law to provide that the Secretary of State shall investigate false claims against candidates.

It is increasingly common to see attack ads in Idaho political campaigns with claims that are clearly false. This legislation would allow a candidate about whom false claims have been published to submit the material to the Secretary of State. If the Secretary of State finds the claims to be verifiably false, the party making the claims may respond to the Secretary of State, after which the Secretary of State is to publish his findings on his office’s website.