State senators will once again consider adding new restrictions to Idaho’s initiative process under a constitutional amendment that passed out of committee Friday.
The language in SJR 101 is identical to legislation passed in 2021, which the Idaho Supreme Court overturned, ruling it unconstitutional.
The proposal would require ballot initiative campaigns to gather a certain number of signatures from all 35 of Idaho’s legislative districts. Currently, they must collect those signatures in at least 18 legislative districts.
Sen. Doug Okuniewicz (R-Hayden) said his goal is to disrupt out-of-state money from bankrolling future initiatives, like legalizing marijuana or expanding abortion rights.
“This doesn’t stop that,” said Okuniewicz. “It simply puts a few speed bumps in the way and it ensures that they talk to everyone in the state.”
He later said he doesn’t believe the ballot initiative process is a “fundamental right” considering it’s not in the U.S. Constitution.
In its ruling, the Idaho Supreme Court wrote these requirements would create an “actual tyranny of the minority” since any single legislative district would have veto power over a proposal even making it onto the ballot.
“It just doesn’t take an election genius to recognize that if this is the process you put in place that a special interest group can come in and target one legislative district,” said House Assistant Minority Leader James Ruchti (D-Pocatello).
This is the latest of many attempts from lawmakers to further restrict Idaho’s initiative process since Medicaid expansion passed in 2018 with 62% of the vote.
Other proposed bills circulating around the statehouse this year include giving a governor veto power over any initiative approved by less than two-thirds of voters and requiring any initiative to pass with a minimum 60% threshold.
Initiatives only need a simple majority right now to take effect.
The latter of those two ideas came directly from an Idaho Republican Party resolution approved in 2024. If such a proposal isn’t passed, the state GOP said the ballot initiative process should be completely repealed.
“I am unclear as to why this right, which is guaranteed in our state constitution, is constantly under attack each legislative session,” said Margie Bass, a woman from Garden City.
Bass was among 39 people who testified during Friday’s public hearing. Just three of them supported the resolution, including two Republican Party operatives.
Many said these new requirements would effectively make it impossible to get an initiative onto the ballot.
“Any attempt to abridge self-governance is seen by League members as an infringement on the fundamental rights of citizens,” said Jean Henscheid, co-president of the League of Women Voters Idaho.
“This is in no way a topic that deserves any conversation,” Henscheid said.
Others from around the state echoed that sentiment.
“I went to war to fight for democracy,” said Nicholas Miller, a retired attorney from Hailey. “Idaho’s a wonderful place with a wonderful democracy, but it is trending in a direction of giving dictatorship to the minority rather than the will of the majority.”
Despite the overwhelming majority of testimony opposing the resolution, the Senate State Affairs Committee voted 5-3 to advance it to the floor.
It needs two-thirds support from the House and Senate and then approval from a simple majority of voters in 2026 to take effect.
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