Idaho Supreme Court hears arguments against new initiative law

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The Idaho Supreme Court heard arguments Tuesday, June 29 over a lawsuit by the nonprofit Reclaim Idaho against a new law that creates stricter rules for passing ballot initiatives.

The law, signed by Governor Brad Little in April, requires initiative campaigns to collect signatures from 6% of all registered voters in all 35 of the state’s legislative districts. Previously, only 6% of 18 legislative districts were required.

The organization, represented by Deborah Ferguson of Ferguson Durham PLLC, argued that the law violates the constitutional right of Idahoans to propose initiatives, and asked the court to strike it down.

Proponents of the law have said it would lead to increased representation in rural legislative districts. Luke Mayville, co-founder of Reclaim Idaho, has previously said he believes in reality it would serve corporate and out-of-state interests while making the initiative process in Idaho the most restrictive in the country.

“Those defending the anti-initiatives law failed to provide any reasonable defense,” Mayville said following the hearing. “We are proud of our attorneys’ presentation today, and we’re pleased to see the Justices treat the issue of initiative rights with the urgency it deserves.”

Reclaim Idaho has stated that should the court case prevail, the organization will continue with its signature drive for the Quality Education Act, which would increase K-12 funding by over $300 million annually.

If the law is not struck down, Reclaim Idaho officials saidin a press release that it will likely put its education funding campaign on hold to collect signatures for the Initiative Rights Act, which would move back requirements for initiatives to what they were in 2012: 6% of registered voters statewide,without regard to where the voters live.