(Boise, ID), Article III Section 1 was amended in 1912: SECTION 1. LEGISLATIVE POWER —ENACTING CLAUSE — REFERENDUM — INITIATIVE. The legislative power of the state shall be vested in a Senate and House of Representatives. The enacting clause of every bill shall be: “Be it enacted by the legislature of the State of Idaho.”
The people reserve the power to approve or reject at the polls any act or measure passed by the Legislature. This power is known as the referendum, and voters may, under conditions and manner provided by acts of the Legislature, demand a referendum on any act or measure and cause it to be submitted to a vote of the people for approval or rejection.
The people reserve the right to propose laws and enact them at the polls independent of the Legislature. This power is known as the initiative, and legal voters may, under conditions and manner provided by acts of the legislature, initiate any desired legislation and cause it to be submitted to a vote at a general election for approval or rejection.
Twenty-one years after passage of the 1912 amendment, the Legislature established the process in 1933.
The first referendum in 1936 rejected a 2% sales tax. The first initiative in 1938 established the Idaho Fish and Game Commission, which voters approved.
Since 1933, citizens have used the initiative 31 times and the referendum seven times — 38 total uses in 92 years, showing no abuse of the process.
Currently, placing an initiative or referendum on the ballot requires signatures from 6% of voters in the last general election and 6% from 18 of Idaho’s 35 counties.
In Idaho, bills become law with a majority legislative vote. The question remains: Why should citizen initiatives require 60%? Over 92 years, only 39% of initiatives and referendums reached the 60% threshold, while 61% reached 50%.
During this period, voters passed 15 initiatives (48%) and rejected 16 (52%). The chairperson and Republican members fear citizen group Reclaim Idaho will attempt to place another initiative to open the closed primary system. Raising voter approval rates would make passing citizen initiatives nearly impossible.
This change could violate Article III Section 1 of the Idaho Constitution, leaving the Idaho Supreme Court to determine constitutionality.
