Top court in Idaho overturns initiative change

Efforts to further restrict Idaho’s citizen initiative process failed Monday, after the Idaho Supreme Court struck down legislation that was approved earlier this year.

The court’s five justices concluded the Idaho Legislature “acted beyond its constitutional authority and violated the people’s fundamental right to legislate directly” when it nearly doubled the geographic distribution requirement for ballot measures.

The 55-page ruling was prompted by a lawsuit regarding Senate Bill 1110.

The legislation required that signatures be gathered from 6 percent of registered voters in all 35 legislative district in the state, in order for an initiative or referendum to qualify for the ballot. The previous standard was 18 districts.

After Gov. Brad Little signed SB 1110 into law, Reclaim Idaho — the grassroots group that sponsored the successful Medicaid expansion initiative in 2018 — filed suit to block its implementation. It was joined by the Committee to Protect and Preserve the Idaho Constitution

Michael Gilmore, an Ada County attorney, filed a similar lawsuit, but the court tossed his case Monday, saying he lacked standing because he couldn’t demonstrate that the law would cause him personal harm.

Reclaim Idaho and the Committee to Protect and Preserve the Idaho Constitution, by contrast, were able to demonstrate standing because they’re trying to qualify measures for the 2022 ballot. Those efforts would be hindered if the stricter standards took effect.

Supporters of SB 1110 said broader geographic distribution requirements are needed to prevent rural voters from being overwhelmed with a bunch of progressive initiatives that only appeal to liberal voters in largely urban areas like Boise.

The state Supreme Court rejected that notion, though, saying there’s no evidence that the initiative process has been misused in Idaho.

If anything, the court noted, history demonstrates “an unmistakable pattern by the Legislature of constricting the people’s initiative and referendum powers after they successfully use it.”

Moreover, lawmakers “failed to demonstrate how minority rights have been ‘trammeled’ by the initiative process in Idaho,” the ruling states. “It’s difficult to find, as the (Secretary of State) and Legislature suggest, that there is a realistic threat that the interests of any group of Idaho citizens is currently at risk due to the (geographic distribution standard) previously in effect.”

The court ruled that SB 1110 was unconstitutional and prohibited it from taking effect. It also restored the previous standard of 18 districts, and awarded the plaintiffs attorney fees.

SB 1110 passed 26-9 in the Senate and 51-18 in the House. Sen. Dan Johnson, of Lewiston, Rep. Caroline Troy, of Genesee, and Rep. Mike Kingsley, of Lewiston, were three of the eight Republicans who opposed the measure. No Democrat supported it.

In a brief news release, House Speaker Scott Bedke, R-Oakley, expressed “disappointment” at Monday’s ruling, saying the decision limited the voice of rural voters.

Democratic lawmakers applauded the move. In a news release, they also “expressed outrage at the egregious waste of taxpayer dollars spent by the GOP in defense of the bill,” saying it would cost “hundreds of thousands of dollars.”

Reclaim Idaho co-founder Luke Mayville said Idahoans can “breathe a sigh of relief” after Monday’s ruling.

“In the face of an assault on the initiative process by the Idaho Legislature, our Supreme Court has fulfilled its obligation to protect the rights of every Idahoan,” he said in a news release. “Future generations of Idahoans will look back on the court’s decision with gratitude.”

Given the favorable ruling, Mayville noted that Reclaim Idaho will now focus all its efforts on collecting signatures for the “Quality Education Act” initiative, which would increase funding for K-12 education by more than $300 million per year by raising taxes on corporations and wealthy Idahoans.

Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.