Reclaim Idaho seeks to extend petition deadline

‘Invest in Idaho’ initiative is designed to increase funding for K-12 education

SANDPOINT — Reclaim Idaho has filed a lawsuit asking the U.S. District Court for the District of Idaho to grant an expedited preliminary injunction to temporarily alter Idaho’s rules for signature gathering.

Represented by attorneys Deborah Ferguson and Craig Durham of Ferguson Durham PLLC, Reclaim Idaho officials argued that Governor Brad Little and Secretary of State Lawerence Denney violated the group’s First Amendment rights by making it impossible to meet signature-collection requirements during a pandemic.

In light of the difficulty of collecting signatures face-to-face in the midst of the coronavirus, Reclaim Idaho officials asked the court for an extension of the deadline for submission of petitions and for permission to collect signatures electronically.

Reclaim Idaho’s “Invest in Idaho” K-12 funding initiative is designed to increase funding for K-12 education by $170 million annually. The initiative restores the corporate tax rate to the level it was in 2000 and calls for a modest tax increase on personal income over $250,000 per year for an individual and $500,000 per year for a married couple.

Due to the health risks posed by the outbreak of the coronavirus, Reclaim Idaho suspended its signature drive on March 18th — 43 days before the official deadline. By that date, the campaign had collected over 30,000 signatures and qualified 5 legislative districts.

Reclaim Idaho’s lawsuit argues that the campaign had built the momentum required to qualify the initiative for the ballot had it not been for the pandemic and the governor’s stay-at-home order.

“Had Reclaim Idaho been able to continue, there is no doubt in my mind that we would have successfully met the state requirements needed to see this put on the November ballot,” Bonner County volunteer leader Linda Larson wrote in a declaration submitted to the court.

Reclaim Idaho’s lawsuit outlines two ways that petitioners’ First Amendment rights have been violated during the pandemic. First, the right to engage in one-on-one communication was severely burdened due to the failure of the Governor and Secretary of State to provide a means of safe communication between petitioners and signers.

Second, by preventing the issue of education funding from appearing on the ballot, the Governor and Secretary of State have severely burdened the ability of petitioners to make education funding the focus of statewide discussion.

Prior to the pandemic, Idaho ranked 49th of 50 states in K-12 spending per student. In the wake of budget shortfalls brought about by the economic downturn, Idaho is likely to fall further behind. Last month, Governor Little proposed a plan to cut K-12 funding by $99 million.

In light of the governor’s proposal, Reclaim Idaho believes it is more important than ever to give Idaho voters a chance discuss the issue and decide for themselves. “In survey after survey, Idahoans say they want more, not less investment in K-12 education,” Reclaim Idaho co- founder Luke Mayville said. “The people of Idaho understand that we cannot afford to slash funding for education, especially not now. They know that our kids are the future of our economy, and that a strong economic rebound will require investment in K-12 education.”

Background: Reclaim Idaho is the nonpartisan, volunteer-led organization that spearheaded the Medicaid Expansion ballot initiative. The measure passed with 61% of the statewide vote. In addition to providing healthcare access to tens of thousands of Idahoans, Medicaid Expansion is expected to bring back $400 million in federal funds to Idaho, shore up Idaho’s rural hospitals, and create thousands of jobs around the state.