Idaho Legislature: Ask Legislators to VOTE YES on H0085 - Initiative petition, governor, veto (posted 02/02/25)

• Bill: legislature.idaho.gov/s…

• Contact Legislators: emailidaho.com

(Check the linked page or use My Bill Tracker for the bill’s current status.)

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The ballot initiative process in Idaho has caused some disasters (Medicaid expansion) and near disasters (Ranked Choice Voting). This process must be tightened up so ballot initiatives receive similar treatment as passed legislative bills, which go to the Governor for signature, veto, or no action (the bill passes).

H0085 addresses the initiative process, within the Idaho Constitution and Idaho Supreme Court (ISC) decisions, to allow the Governor to review and potentially veto initiatives.

Justification:

• Idaho Constitution Article III, Section 1 provides for initiatives, stating: "The people reserve to themselves the power to propose laws and enact the same at the polls independent of the legislature."

• ISC: Initiative power is essentially equal with the Legislature's power to enact legislation.

• Constitution doesn’t define Governor’s role regarding initiatives; however, case law equates the people's right to initiate legislation with the Legislature's.

• Legislature cannot enact a law without presenting it to the Governor. Therefore, initiative legislation also should be presented to the Governor for signature, veto, or no action.

• Legislature has staff to advise on policy and appropriations matters. Voters cannot access the same advice; therefore, they may rely on misleading information on ballot initiatives.

• Emergency clauses can allow immediate implementation of initiatives, thereby preventing Legislature from previewing misinformed initiative legislation while out of session.

H0085 gives the Governor veto power over initiatives passed by the people:

• No Governor’s approval is required if at least two-thirds (2/3) of the voters approve it.

• Governor must (by deadline) either approve or veto if the initiative passes by at least a majority but less than two-thirds (2/3) vote.

• If Governor vetoes, his/her written objections are filed with the secretary of state (SOS). SOS puts the initiative on the ballot at the next general election.

• If Governor neither approves nor vetoes by deadline, the initiative becomes law.

• Deadlines are within five days of the governor’s proclamation on the voting results.

H0085 is a common sense solution to unvetted (or incorrectly vetted) initiatives.

References:

• Idaho Constitution Article III, Section 1: sos.idaho.gov/elect/stc…

• DEFEATED! Jungle Primaries & Ranked Choice Voting (RCV) Ballot Initiative: A Race to the Bottom: eolson47.substack.com/p…