Idaho Gov. Brad Little (R) signs bill increasing initiative signature distribution requirements

On April 17, Gov. Brad Little (R) signed Senate Bill 1110. The bill changed the state’s distribution requirement for ballot initiative and veto referendum signature petitions to require signatures from 6% of voters from all 35 legislative districts instead of the previous requirement of 6% of voters from 18 of the state’s legislative districts.

With SB 1110 signed into law, Idaho joined Utah and South Dakota in passing bills restricting the states’ initiative processes so far in 2021.

Ballotpedia has tracked 124 legislative proposals concerning ballot initiatives, veto referendums, referrals, local ballot measures, and recall in 34 states in 2021 legislative sessions. Approved bills include significant changes that would make it harder to qualify or pass ballot measures in Idaho, South Dakota, and Utah. Notable topics among bills introduced in 2021 sessions include supermajority requirement increases, signature requirement or distribution requirement increases, single-subject rules, and pay-per-signature bans.

In 2019, the Idaho Legislature passed, but Gov. Little vetoed, a pair of bills that were designed to increase the state’s initiative signature requirement and its distribution requirement, among other changes. The legislature did not override Gov. Little’s vetoes in 2019.

In 2021, both chambers of the legislature passed SB 1110 by more than the two-thirds majority required to override a veto: 26-9 in the Senate and 51-18 in the House.

Reclaim Idaho filed a lawsuit against SB 1110 and filed an initiative designed to repeal the bill. Luke Mayville, co-founder of Reclaim Idaho, said, “This makes citizen initiatives virtually impossible in Idaho. Under this legislation, we’re not likely to see another initiative like Medicaid expansion from 2018 or like the term limits initiative from the 1990’s. So we are very disappointed with Governor Little. […] This fight is not over because this legislation is clearly unconstitutional, and our organization, Reclaim Idaho, has decided to file a lawsuit and to ask the courts to strike down this legislation and to protect the citizen initiative rights of all the people of Idaho.”

Representative Sage Dixon (R) supported SB 1110. Dixon said, “Every district in Idaho should be represented in that process. This is an effort to protect the voice of everybody in Idaho in the lawmaking process, very similar to what we do here as representatives, and what the senators do as well.”

Governor Little’s statement on SB 1110 wrote, “whether senate bill 1110 amounts to an impermissible restriction in violation of our constitution is highly fact-dependent and, ultimately, a question for the Idaho judiciary to decide. I also expect the federal courts may be called to determine whether senate bill 1110 violates the first amendment of the U.S. Constitution.”