Op-ed: The legislature stole the folks’s constitutional legislative energy

In a brazen robbery at the Statehouse, Idaho’s legislature has robbed Gem State voters of their sacred right to take legislative matters into their own hands – to bypass an unresponsive, lobbyist-driven legislature. On April 17, Governor Little, who played the part of the accessory, signed a bill that deprives Idahoans of their most precious power – legislative power if lawmakers adamantly refuse to act.

Legislation has passed and Governor Little has signed Senate Law 1110, which aims to prevent the people from exercising their constitutional initiative and referendum powers. The initiative has been sparingly used by people across the state to propose and approve popular laws that legislators ignore, such as the Sunshine Act, Medicaid Expansion, and homeowner property tax exemptions. The referendum allows voters to kill miserable laws like the unpopular Luna Laws.

Senate Bill 1110 gives our legislature a total stranglehold over the public order that will guide our state into the future. The clear danger of removing voters’ control over legislative power is evident in the bizarre and irresponsible behavior of our legislators during the current session. With legislation this dysfunctional, it is important that Idahoers retain their constitutional right to legislate or repeal.

Although it will be difficult to reverse the legislature’s theft of people’s power, there are two ways to save our democracy. Reclaim Idaho, the organization that forced Medicaid to expand on our recalcitrant law, is preparing to bring an action to nullify the bill.

Reclamation Idaho has also filed an initiative petition to repeal the exhaustive signature requirements of Senate Act 1110 and restore historic initiative and referendum signature requirements. Any registered voter in Idaho can help by signing the petition to take the initiative for the 2022 general election. Voters can also donate to Reclaim Idaho to support this important work.

Legislature played a light role in Senate 1110 Bill, falsely claiming that there was an emergency that required this hideous bill to go into effect immediately after the governor’s signature. They didn’t identify an emergency because there wasn’t one. The emergency clause was included to prevent people from taking an initiative or referendum to overthrow their dirty work. Reclaim Idaho anticipated this harassment and petitioned it before the governor signed Senate Draft 1110 to take advantage of the previous, less insurmountable signature requirement.

An election with the initiative / referendum question on the ballot could be a pivotal moment in Idaho’s history. Legislators who have voted to take the Idahoans’ constitutional right to shape public order with the initiative and referendum must answer for their arrogance. Many of them are the same people who have been so very disruptive in the current legislation. It could be a real opportunity for people to dilute the herd and choose lawmakers who are people-responsive and support good government. This theft of the precious legislative power of the people must not go unanswered.

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Jim Jones served as the Idaho Attorney General from 1983 to 1991. In 1987 he received the Torch of Liberty Award from the Pacific Northwest Anti-Defamation League for his human rights work.