The attorney general, the secretary of state and the head of the Division of Financial Management are being sued for the way they wrote the ballot titles on a 2026 ballot initiative seeking to restore abortion rights in Idaho.
The plaintiff, Idahoans for Women and Families is a nonprofit organization advocating to restore abortion rights in the state. In August, the group introduced a ballot initiative, “The Reproductive Freedom and Privacy Act,” which would restore the right to an abortion up to fetal viability and when the health of the mother is in danger. It would also protect the right of citizens to make their own decisions about contraception and fertility treatments.
The titles, a long and short version, are featured on ballots to describe a proposed measure for voters to consider and are drafted by the state. The plaintiff filed a suit in January saying the wording of the titles was misleading and prejudicial.
Idahoans for Women and Families says the short title fails to mention the initiative’s right to privacy and medical emergency exception. The group also objects to the use of “fetus viability” in the short title, versus “fetal viability” in the long one. Additionally, the lawsuit says the fiscal statement that comes with the titles is inaccurate, and likely to confuse the electorate.
Since 2022, Idaho has banned all abortions with narrow exceptions for rape, incest and when the life of the mother is threatened.
The nonprofit is asking the Idaho Supreme Court to review the contested ballot titles and revise them by April.
The secretary of state had no comment when reached, and both the Attorney General and Lori Wolff’s offices said they do not comment on pending litigation.
To get the measure on the ballot, the organization will have to collect signatures from 18 of Idaho’s 35 legislative districts, representing at least 6% of eligible voters in the most recent election. A bill currently being considered by the legislature could require ballot initiatives to gather signatures from all 35 of the state’s districts.
