Idaho
Idaho Secretary of State moves forward on primary ballot measure for Nov. 5 election • Idaho Capital Sun
Idaho Secretary of State Phil McGrane is preparing for the open primaries/ ranked-choice voting ballot initiative to appear on Idaho’s Nov. 5 election ballots, even as Attorney General Raúl Labrador advances a lawsuit attempting to block the initiative.
In an interview Wednesday with the Idaho Capital Sun, McGrane said it is his duty to protect Idahoans’ rights to vote and rights to bring a ballot initiative or referendum forward for a vote. Unless or until there is a court order to stop, McGrane said, he will continue to prepare ballots and design the Idaho voters’ pamphlet with the ballot initiative included.
“That’s why we are here, to defend the initiative process and the Constitutional right of Idaho citizens to exercise the initiative. It is not about the contents of the initiative. It is about, this is a right and we are overseeing the process.”
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In Idaho, a ballot initiative is a form of direct democracy where the voters vote on whether or not to pass a law, independent of the Idaho Legislature.
On Election Day, the open primary/ ranked-choice ballot initiative will appear as Proposition 1. It would require a simple majority of the votes to pass.
In addition to the ballot initiative, Idaho voters will also vote on a proposed constitutional amendment known as House Joint Resolution 5, which would add a clause to the Idaho Constitution stating that non-U.S. citizens are not allowed to vote in Idaho elections. The proposed constitutional amendment would also require a simple majority of the vote to pass.
In a 2021 ruling involving a different case, the Idaho Supreme Court called ballot initiatives and referendums “fundamental rights, reserved to the people of Idaho, to which strict scrutiny applies.”
Idaho AG seeks to block ballot initiative from Nov 5 election
Labrador filed a lawsuit last week alleging that the open primaries/ ranked-choice ballot initiative was deceptively pitched and would violate the Idaho Constitution’s requirement that laws address only one single subject.
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Labrador is seeking to block the ballot initiative from the election or to force McGrane to invalidate the signatures that were submitted to qualify for the election. Supporters of the ballot initiative, including Reclaim Idaho co-founder Luke Mayville, said Labrador’s lawsuit is a political stunt that was filed because Labrador is afraid of letting Idaho voters vote on the initiative.
One of the quirks of the case is that the Idaho Attorney General’s Office is representing multiple parties in the case – Labrador, who filed the lawsuit, and McGrane, who is one of the people Labrador sued attempting to block the initiative.
On Tuesday, McGrane told the Sun that Idaho law states that state agencies and officers shall not be represented by any attorney other than the attorney general. While the governor, the Idaho Legislature and the judicial branch have the authority to instead hire outside, the Idaho Secretary of State’s Office does not have that authority, McGrane said.
The Idaho Supreme Court issued an order Monday requiring Labrador to show why his attorneys should not be disqualified from representing McGrane. Labrador’s office responded Tuesday with filings indicating that Labrador himself is not also representing McGrane and that he appointed other deputies to represent McGrane, insulated them from his supervision and established a screening process to keep him and other deputies from learning confidential information about McGrane’s case.
“This decision rested on careful analysis of the statutes and rules that govern the attorney general’s conduct,” Solicitor General Alan M. Hurst and two other attorneys wrote in a court filing Tuesday.
Reached Wednesday, a spokedman for Labradr’s office declined to comment on the lawsuit but referred the Sun to Tuesday’s court filings.
McGrane told the Sun his office has been working closely with its assigned deputies from the Idaho Attorney General’s Office and feels like their side is being represented fairly. As evidence, McGrane pointed to a motion to expedite the case that his side filed July 24.
McGrane told the Sun that his office is busy preparing for a major election Nov. 5 that could feature record voter turnout. McGrane said the Idaho voters’ pamphlet that describes that ballot initiative and proposed constitutional amendment must be designed by Aug. 9 in order to meet the deadline in Idaho law to mail the pamphlet to voters by Sept. 25.
Additionally, absentee ballots must be designed and printed before they are mailed out Sept. 21 so that members of the military may receive and return their ballots on time.
“We have to resolve this fast,” McGrane said. “We don’t get to hit pause or change Election Day. This is a national election.”
How does the Idaho ballot initiative work?
If approved, the ballot initiative would make changes to Idaho’s primary election and general election.
First, it would end Idaho’s closed party primary elections. Since 2011, Idaho has had a law that says political parties don’t have to allow voters to vote in their primary election if the voters are not formally affiliated with their political party. In Idaho, more than 265,000 of the state’s 1 million voters are unaffiliated voters who are not allowed to vote in closed party primary elections. The closed primary law does allow political parties to instead choose to open their primary elections to outside voters, but only the Idaho Democratic Party has done so, a spokeswoman for the Idaho Secretary of State’s Office previously told the Sun.
The Republican, Libertarian and Constitution Party primary elections were all closed.
Under the ballot initiative, all candidates and all voters would be allowed to participate in the primary election, regardless of party affiliation. The four candidates that get the most votes would all advance to the general election, regardless of party affiliation.
The ballot initiative would also change Idaho’s general election to create ranked-choice voting, which is also referred to as an instant runoff system. Under that system, voters would pick their favorite candidate and have the option to rank the remaining candidates in order of preference – second, third and fourth. The candidate with the fewest votes would be eliminated and those votes would instead go to the second choice of candidate on those ballots. That process would continue until there are two candidates left and the candidate with the most votes is elected the winner.
In a July 3 letter to legislative leaders, McGrane wrote that it could cost at least $25 million to $40 million to replace Idaho’s vote tabulation systems to count ranked-choice voting ballots. But supporters of the initiative said the state doesn’t need to replace its voting systems because there is low-cost software available that could be certified for use in Idaho to count ranked-choice ballots.
Idaho
“Mamas know best”: Idaho Fish and Game Warns against interfering with spring baby animals – LocalNews8.com
POCATELLO, Idaho (KIFI) – Springtime in Eastern Idaho means warmer weather and recreational activities in nature for residents. It also means baby animals are out and about, sometimes with no mother in sight. Idaho Fish and Game (IDFG) wants to warn people against interfering with nature and the abilities of mother animals to care for their young, recalling an incident last year when a group of citizens dropped off a young fawn in a box at an Idaho Fish and Game (IDFG) office.
“The weather is wonderful, and of course we have the chance to see wildlife moms with their babies, which makes it extra fun,” said Jennifer Jackson, Regional Communications Manager for Idaho Fish and Game in Eastern Idaho. “But it’s also a time to be aware of protective mothers and give them space on the trails.”
“Trust that the mom’s going to come back”
While exploring nature areas or unmarked trails, people may encounter baby moose, fawns, goslings, ducklings and more. Residents may also find these species right in their own backyards.
“We’ve had situations where people see a little fawn curled up under a tree and think the mom’s not in the picture,” she said. “They think they need to pick up the animal and take it to Fish and Game. The reality is, much of the time a baby animal has been left where it’s at because the mom put it there.”
Mother animals, particularly deer, may leave their children behind while they forage for food, drawing predators away from the babies. By stealing from nature and grabbing a baby animal, people are taking it away from it’s mother and putting it in more danger.
“If you encounter a situation where you’ve found a little baby, don’t assume it’s orphaned. Rather, keep your distance and trust that mom’s going to come back,” Jackson said.
When Fish & Game Steps In
In some cases, people may have real concerns about the condition of a young animal. For those situations, IDFG encourages you to call their local office so they can investigate the situation.
Jackson said that IDFG has stepped in on special occasions when conditions are met to help save young wildlife. A few years ago, two moose calves were orphaned when the mother moose was hit by a car in southeast Idaho. In collaboration with Zoo Idaho in Pocatello, IDFG was able to transport the calves and locate a facility with the capacity to permanently and properly care for them.
She also said to beware of hiking with your dog, as mother moose and bear can see the dogs as threats to their children and may try to engage or charge. In that situation, it’s best to back up and move away.
“If you do have a concern about a situation you’re seeing, if you think it’s an orphaned animal, just give us a call,” Jackson said. “We deal with wildlife species here in the state of Idaho, and so it’s really under our purview to make those calls.”
She said most times, they’ll tell you to leave the animal where it is, and the mother will likely be back to take care of it, and is aware of its location. By putting it in a box and bringing it to Idaho Fish and Game, it removes the baby from its home and potentially from necessary parental care.
“They’re doing it because they love wildlife. They care about the animals, and they want what’s best for that animal,” Jackson said. “We like to tell them sometimes what’s best is leaving those animals right where they’re at.”
If you’re concerned about an animal situation, call the Southeast Idaho Regional Fish and Game office at 208-232-4703.
Idaho
Meet the candidates in Idaho’s biggest legislative primaries
The May 19 primary election will have a big impact on Idaho’s Legislature, with moderate and hardline Republicans facing off across the state.
Over the past two months, Idaho EdNews profiled 14 of the most significant races for education policy. Here they are in one place.
Follow our coverage on election night, with real-time results and breaking news updates. Click here for information on how to vote and find your sample ballot.
North Idaho
- Who is running: Three-term Sen. Jim Woodward, R-Sagle, faces a fourth primary election against Scott Herndon.
- Why it matters: This matchup is one of the most expensive primaries this year. Woodward is a “middle of the road” Republican who sits on the Joint Finance-Appropriations Committee. Herndon is a more hardline Republican who wants to eliminate property taxes.
- Who is running: Two-term Rep. Elaine Price, R-Coeur d’Alene, faces Christa Hazel for District 4 House Seat B.
- Why it matters: This race is a proxy fight in the war between the hardline Kootenai County Republican Central Committee (Price) and the moderate North Idaho Republicans (Hazel).
- Who is running: Three-term Sen. Dan Foreman, R-Moscow, faces Rep. Lori McCann, a Lewiston Republican who has left her seat in the House for a Senate run.
- Why it matters: Foreman is a hardline Republican who faced criticism from the right this year for holding in committee a bill to rein in teachers’ unions. McCann said she’s challenging him over his refusal to collaborate and communicate.
West Idaho
- Who is running: Four-term legislator Sen. Christy Zito faces a three-way primary with two former legislators in the district: former House Majority Leader Megan Blanksma and five-term Rep. Terry Gestrin.
- Why it matters: Zito is a member of the hardline Gang of Eight and sits on the Senate Education committee. Republicans in the House ousted Blanksma from leadership in 2024. She says Zito isn’t representing her district. Gestrin said he wants to get back into the Statehouse to solve problems for folks in the large, rural district.
- Who is running: First-term Sen. Camille Blaylock faces a rematch with retired Marine and former legislator Chris Trakel.
- Why it matters: Blaylock sponsored a $5 million high-needs fund for special education this year. Trakel sued the Idaho Home Learning Academy in 2025, claiming the virtual school discriminated against his constitutional right to free exercise of religion. A judge dismissed the suit.
- Who is running: Two young Democrats with backgrounds in education are running for the wide-open District 16 House Seat A. Megan Woller leads the Idaho Head Start Association and Jeffrey Watkins is a West Ada public school teacher and union rep.
- Why it matters: Watkins and Woller are running to replace Rep. Soñia Galaviz, a public school teacher and House Education member, in the reliably blue district. Woller said she has the diplomacy and negotiation skills to be a legislator. Watkins said Democrats need to be “incredibly vocal” in opposition to bills that harm Idahoans.
- Who is running: First-term legislator Rep. Chris Bruce, R-Kuna, faces a rematch with Melissa Durrant for District 23 House Seat A.
- Why it matters: School choice groups like the American Federation for Children are focusing on this race, supporting Bruce and opposing Durrant. Bruce believes state funding should follow the child whether they attend public, private or home schools. Durrant opposed an early version of the Parental Choice Tax Credit because there was no priority for lower income families.
Magic Valley
- Who is running: Two-term Sen. Glenneda Zuiderveld, R-Twin Falls, faces Twin Falls County Commissioner Brent Reinke.
- Why it matters: Zuiderveld is a prominent member of the hardline Gang of Eight and routinely opposes budget enhancements, including additional funding for the College of Southern Idaho. Reinke has decades of experience as a public servant and says Zuiderveld isn’t representing the district.
- Who is running: First-term Rep. Clint Hostetler, R-Twin Falls, faces attorney Alexandra Caval for District 24 House Seat A.
- Why it matters: In his first week as a legislator, Hostetler in 2025 introduced a $250 million private school tax credit bill. Caval said she hopes the primary election will be a “course correction” for the Magic Valley after Hostetler won two years ago.
East Idaho
- Who is running: Two-term Rep. Rick Cheatum faces a three-way rematch with day trader James Lamborn and Air Force veteran Mike Saville for District 28 House Seat A.
- Why it matters: Cheatum last year voted against the $50 million Parental Choice Tax Credit. Lamborn, a strong school choice supporter, said District 28 deserves a conservative, constitutional, Christian Republican. Saville has run for office as a Democrat, an independent and a Republican. He said he supports the country first, not the party.
- Who is running: First-term Rep. Ben Fuhriman faces a rematch with former legislator Julianne Young for District 30 House Seat B.
- Why it matters: Fuhriman sponsored the $5 million high-needs special education fund bill this year and opposed a bill to rein in teachers’ unions. Young is a social conservative who has worked on culture war bills, such as defining genders and prohibiting public funds for gender transition procedures.
- Who is running: Four-term Rep. Rod Furniss faces former legislator Karey Hanks for District 31 House Seat B.
- Why it matters: Furniss has worked on legislation to make it easier for districts to pass bonds and find funding to build schools. Hanks, a school bus driver, wants to get back into the Statehouse to protect children from the “woke” agenda. The two share similar views on social issues and support the transgender bathroom bill.
- Who is running: Four-term Rep. Barbara Ehardt faces a challenge from firefighter Connor Cook.
- Why it matters: Ehardt is a staunch social conservative who said the transgender community started the culture war, not the Idaho Legislature. Cook, a union member, says Idaho has “gone rogue” and is using social issues as a distraction from the budget.
- Who is running: First-term Rep. Mike Veile faces former legislator Chad Christensen in District 35 House Seat A.
- Why it matters: Veile, a former Soda Springs trustee, sits on the House Education Committee. He opposes private school tax credits and said Idaho doesn’t have enough funding to support multiple education systems. Christensen supports school choice and would like to explore school district consolidation.
Idaho
Idaho Supreme Court says new law could delay adoption, parental termination cases
A recent Idaho law could slow the process for some child custody disputes and even adoption cases, the Idaho Supreme Court found in a ruling this week.
The law, created in 2025 through Senate Bill 1181, means some Idaho parents who can’t afford legal representation won’t have state-provided defense attorneys in cases that could risk them permanently losing their kids, the court found.
In the opinion, the court alluded to an essentially unenforceable right to public defense in some parental rights termination cases brought by private parties, rather than the state Department of Health and Welfare. That’s because courts can’t require the state’s public defenders to represent parents in those privately brought cases, the Idaho Supreme Court found.
“This gap created by Senate Bill 1181 is vitally important matter that needs to be addressed by the Idaho Legislature. If constitutionally required representation cannot be provided in private termination cases, it will likely result in serious delays or even dismissals of cases affecting Idaho’s children and parents,” Chief Justice G. Richard Bevan wrote in the opinion published Tuesday. “It may mean that children awaiting adoption cannot be adopted.”
The decision comes more than a year after the Legislature passed the bill over the objections of child welfare attorneys, who warned about the bill’s impact on parents’ right to legal counsel. The bill was pitched as a way to control the workload of public defenders as the state overhauled its public defense system.
Attorney says this is the ‘conundrum’ she warned Idaho Legislature about
There are two ways parental rights termination cases can be brought: By the state — often initiated by a state Department of Health and Welfare, or by a private party, such as one parent wanting to end the rights of another parent.
For over 60 years, Idaho law gave parents deemed legally indigent — essentially those who can’t pay legal bills — and who were facing parental rights’ termination cases “with a categorical right to an attorney at public expense,” Bevan explained in the opinion.
But in 2025, he wrote all of that changed when the Legislature passed Senate Bill 1181.
The bill was meant to control the workloads of public defenders as the state consolidated public defense from counties into one statewide office. But at the time, two child welfare attorneys warned the law might inadvertently end the right to legal counsel in privately brought parental right termination cases, the Idaho Capital Sun reported.
One of the attorneys who testified on the bill, Mary Shea from Pocatello, said in an interview that the court described “exactly the conundrum” that she was trying to warn the Legislature about.
“It’s an invitation to the Legislature to fix this, and to provide some kind of a funding mechanism so that those private terminations and adoptions can continue to proceed,” she said. “Because we do have a shortage of attorneys in this state. It is very difficult for us to provide the low-income and pro bono needs for the entire state.”
Sen. Todd Lakey, a Nampa Republican who was the bill’s original sponsor, said in an interview that the Legislature could take up clarifications next year.
“I personally am reluctant to have the taxpayers fund legal costs in a private party termination,” Lakey said on Wednesday. “That said, I recognize that there is a certain situation where it’s constitutionally required, and I want to make sure we’re limiting the burden on the taxpayers to only those situations, where it’s fundamentally required constitutionally. I think as the court noted, that’s kind of a case by case basis, depending on the circumstances.”
Rep. Dustin Manwaring, a Pocatello Republican who also cosponsored the bill, said in an interview that he already has ideas for legislation to address that issue flagged in the ruling.
“When representation is appointed and is constitutionally required, then we need to clarify who’s picking up the tab for that. So, we will do that. And I will personally commit to taking that on and making sure we get that done,” he said.
How the Idaho Supreme Court ruled
The bill, Bevan wrote, requires the State Public Defender’s Office only to represent parents deemed legally indigent in parental rights’ termination cases brought by the state — not by private parties.
“That begs the question: if representation is constitutionally required in a private termination case, who would provide it?” Bevan asked.
Parents in private parental termination cases sometimes still have due process rights to public defense counsel, Bevan wrote, pointing to precedent in the U.S. Supreme Court. But since Idaho courts can no longer order the State Public Defender’s Office or counties to pay for that defense, he wrote that the courts effectively can’t appoint public legal representation in those cases.
“If neither the (State Public Defender’s Office) nor the counties can be required to provide representation, a private termination proceeding may fail to comply with the requirements of due process,” Bevan wrote. “The legislature has eliminated the options available to courts for appointment of counsel at public expense.”
Some parents who are entitled to representation won’t get it, he wrote.
“We have little doubt that, so long as the representation gap created by Senate Bill 1181 exists, at least some indigent parents who constitutionally require representation will not get it,” Bevan wrote.
Idaho State Public Defender Office spokesperson Patrick Orr said in a statement that the agency hasn’t been assigned any private termination cases since the court took up the case in October.
“Our view is the same now as it was last year. Our office provides indigent defense representation – and representation for parents in Child Protective Act cases where the state seeks to interfere with a parent-child relationship,” he said. But, he added, “we can’t provide legal representation in a private termination case.”
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