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Changes to Initiative Process

Picture of Kim Wickstrum
Bill H 85 Initiative Petition, Governor Veto 
 

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0085/

This bill gives the governor veto power over a voter-passed initiative if passed with less than a 2/3rds majority. I'm not sure how I feel about this bill, but I lean toward approving it because it puts a check and balance on voter initiatives...some of which have really caused us harm (think Medicaid expansion).  Too many people don't "do their homework" and believe the out-of-state money generated bumper sticker explanation of an initiative...a check and balance might be a good thing.  Here is an in-depth pro-con summary of the bill:

Summary of House Bill No. 85

House Bill No. 85, introduced by the State Affairs Committee in the Idaho House of Representatives, proposes amendments to Sections 34-1811 and 34-1813 of the Idaho Code. The bill aims to revise the procedures related to the manner of voting on initiative petitions and to introduce provisions for the governor's approval or veto of such petitions. Key changes include:

  1. Voting Procedure: The bill maintains that measures submitted to the people must receive an affirmative majority of votes to be adopted. In cases of conflicting measures, the one with the greatest number of affirmative votes becomes paramount.

  2. Governor's Role: If an initiative petition is approved by at least two-thirds of the voters, it becomes law without the governor's approval. If approved by a majority but less than two-thirds, the governor has five days to approve or veto it. If vetoed, the initiative can be resubmitted to voters at the next general election, and if two-thirds approve it again, it becomes law despite the governor's objections.

  3. Effective Dates: The bill specifies that a statewide initiative may contain an effective date, which cannot be earlier than July 1 of the year following the vote. If no date is specified, the effective date is determined by the governor's proclamation or signature.

Pros:

  • Enhanced Voter Power: The bill empowers voters by allowing them to override a governor's veto if two-thirds approve the initiative in a subsequent election.
  • Clarity and Consistency: By specifying effective dates and procedures for conflicting measures, the bill aims to provide clarity and consistency in the implementation of initiatives.
  • Checks and Balances: The governor's ability to veto initiatives introduces a check on direct democracy, ensuring that measures undergo further scrutiny.

Cons:

  • Potential Delays: The requirement for a second vote if the governor vetoes an initiative could delay the implementation of measures that have significant public support.
  • Increased Complexity: The additional steps and conditions for initiatives may complicate the process, potentially discouraging citizen participation in the initiative process.
  • Governor's Influence: The governor's role in approving or vetoing initiatives might be seen as undermining the direct will of the people, especially if a majority has already approved a measure.