Here is the governor's transmittal letter on his decision to sign SB 1110, the initiatives bill, into law. "In 2019, I vetoed Senate Bill 1159 and House Bill 296 because I had serious concerns for the constitutional sufficiency of the bills and the unintended consequences of their passage," Gov. Brad Little wrote in the letter to the Senate. "I expressed my support for the Legislature's goal of ensuring that the rights of all Idahoans — not just those in urban area — have a voice in Idaho's initiative process. However, I believed those bills went too far."
"I have similar concerns with Senate Bill 1110," he wrote, "but I believe the bill presents a much closer call."
Little noted that the Idaho Constitution, in Article III, Section 1, "guarantees to the people an initiative and referendum process." He wrote, "I urge the Legislature to ensure those rights remain accessible to the people." But he also wrote that he believes the Legislature has "broad discretion" to place conditions on ballot access when that right is exercised.
"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," Little wrote. "I also expect the federal courts may be called to determine whether Senate Bill 1110 violates the First Amendment of the U.S. Constitution."
"I appreciate that signing this bill will be controversial," he wrote. "Very few issues elicit such strong feelings from both sides of the debate. I am grateful for the positions that each side articulated during debate and in meetings with my office."
Betsy Z. Russell is the Boise bureau chief and state capitol reporter for the Idaho Press and Adams Publishing Group. Follow her on Twitter at @BetsyZRussell.
