Monday's unanimous decision by the Idaho Supreme Court that the state's new law regarding citizen-led ballot initiatives was unconstitutional, and it violated the rights of the public to enact laws without the Idaho Legislature, was the verdict.
Reclaim Idaho was favored by the decision. This is the group that led the successful Medicaid expansion in 2018. They also sued the Idaho Legislature in May. Reclaim Idaho was also joined by the Committee to Protect and Preserve the Idaho Constitution. This coalition consists mostly of Idaho attorneys.
The highest court of the states ruled that the law violated a citizen-led initiative's fundamental right. The Supreme Court found that neither the Legislature nor Secretary of States Office had presented a compelling state interest in limiting this right.
The ultimate effect of SB1110 is to stop a perceived but unsubstantiated fear about the tyranny by the majority by replacing it by an actual tyranny by the minority. The Supreme Court also wrote that the law contradicts the democratic ideals that are the foundation of the constitutional republic established by the Idaho Constitution.
The new law is now null. Reclaim Idaho and its committee will be required to pay the Idaho Legislature their attorney fees in connection with the lawsuit. This is on top of the legal defense fees.
Senator President Pro Tem Chuck Winder (R-Boise) said that he was shocked and disappointed by this ruling.
According to the Idaho Constitution, the Idaho Legislature is responsible for the initiative process. Winder stated that it now appears that the Supreme Court has interpreted the constitution in a different way.
Idaho law would have made it more difficult to initiate initiatives
In April, Republican legislators approved a law that required citizen-led initiatives to collect signatures from 6% each of Idaho's 35 legislative districts. Before the amendment, the state required signatures to be obtained from at least 6% of voters in 18 districts and 6% statewide.
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Reclaim Idaho is collecting signatures to increase funding for K-12 education. Other groups in Idaho are also working to collect enough signatures to support an initiative to legalize marijuana.
Only two citizen-led initiatives made it onto the Idaho general election ballot in the last 10 years. The Supreme Court justices wrote that this is two of 14 voter petitions that were circulated. Reclaim Idaho attorney Deborah Ferguson argued that a 90% failure rate is a sign that the process is already nearly impossible.
Reclaim Idaho sponsored a measure to repeal the 18-district requirement. Luke Mayville (co-founder of Reclaim Idaho) told the Statesman Monday that the group will instead focus on its education initiative and not on the 18-district requirement.
Republican Governor Brad Little signed the law, but expressed concern about its constitutionality. Little vetoed an identical law which would have made citizen-led initiatives more difficult in 2019.
In an emailed statement Monday, Little stated that he signed the bill for this year's close call. This gave rural Idaho more control over the initiative and referendum process.
Little stated that I urge the Idaho Legislature to consider future legislation. This will ensure that the rights guaranteed by the constitution are accessible to all citizens and that every initiative or referendum has the appropriate amount of support.
Mayville stated in a press release that thousands of Idahoans are able to breathe a sigh of relief today, and that the court had fulfilled its obligation of protecting citizens from an attack on their rights by Idaho's Legislature.
Mayville stated that nearly every attempt by our Legislature to end the initiative process in history has been met with resistance from the governor or courts. Idahoans will be grateful for today's decision, which adds another chapter to this history.
Jim Jones, cofounder of the Committee to Protect and Preserve Idaho Constitution and former Idaho Supreme Court justice and attorney-general, stated to the Statesman that the opinion was a landmark decision that could be used as a precedent in cases involving citizen-led initiatives.
Jones stated that it is a slam dunk to grant the right of the initiative or the referendum.
William Myers, an Idaho attorney, tried to portray Reclaim Idaho's argument as a false dichotomy between the people and the Legislature. Myers pointed out the fact that state legislators are elected by the people to represent them. Myers stated that the public has an option to elect their legislators to resign.
Ferguson claimed that the bill was designed to strip the state of a constitutional right, while pretending that it would benefit rural voters.
Scott Bedke (R-Oakley), House Speaker, stated Monday in a statement that House leaders believed that the new law would increase voter participation in the ballot initiative process. This was especially true in certain corners of the state that are often overlooked by some.
Bedke stated that we believe all 35 legislative districts in Idaho should be involved in this important process. The Supreme Court seems to disagree.
Democratic leaders released a statement praising the court's decision. The bill was opposed by all Democrats in both the House and Senate.
Ilana Rubel (D-Boise), House Minority Leader, stated that the law should not have been passed by Republicans.
Rubel stated that elected representatives should work to preserve the Constitution rights of the people, not remove them, like the Idaho GOP did. Because we understand the importance of citizens rights and will continue fighting for them, I am proud that every Democrat voted in opposition to this bill.
