Legals for October, 14 2024

Idaho Constitutional Amendment  HJR 5  Legislative Council’s Statement of Meaning, Purpose, and Result to Be Accomplished  This proposed constitutional amendment provides that only Idaho residents who are citizens of the United States are eligible to vote in elections in the State of Idaho and that noncitizens are not eligible to vote in any election in the State of Idaho. Currently, Section 2, Article VI of the Constitution of the State of Idaho provides: “[e]very male or female citizen of the United States, eighteen years old, who has resided in this state, and in the county where he or she offers to vote for the period provided by law, if registered as provided by law, is a qualified elector.” This provision does not expressly prohibit noncitizens from voting. The proposed amendment adds language to provide that only United States citizens may vote in elections in the State of Idaho.   Statements FOR the Proposed Amendment    1. This constitutional amendment is needed to clarify that United States citizenship is a requirement for eligibility to vote in Idaho elections because the current language does not expressly prohibit noncitizens from voting. The proposed amendment will ensure that individuals who are not citizens of the United States do not vote in any government election in the State of Idaho.     2. The amendment is also needed to clarify that the right to vote shall not be granted in the future to individuals who are not citizens of the United States. Noncitizens have been granted the right to vote in some local elections across the United States. Legislation to expand voting to noncitizens has been considered in other states and cities in the United States.     3. Allowing noncitizens to vote in Idaho elections could lead to concerns regarding election integrity and allow for foreign influence in Idaho elections. The proposed constitutional amendment will protect the State of Idaho from such issues.  Statements AGAINST the Proposed Amendment    1. The proposed constitutional amendment is not needed because United States citizenship is currently required for participation in Idaho elections. Under current law, the Idaho Secretary of State requires citizenship and proof of residency with respect to individuals who register to vote, and it is a felony for an individual to provide false information on an Idaho voter registration form. Additionally, federal statute provides that it is a crime for a noncitizen to vote in any federal election.    2. Election fraud involving voting or attempts to vote by noncitizens is not a significant issue in Idaho. Adding additional language to the Idaho Constitution in an effort to solve a problem that is not occurring could inadvertently create new problems or add an additional barrier to registering to vote by new citizens and state residents.     3. The proposed amendment undermines local control of local elections. The amendment would foreclose any opportunity in the future for the Idaho Legislature or local governments in Idaho to authorize noncitizens to vote in certain elections that might directly affect their interests.     Amendment Text  Section 2. QUALIFICATIONS OF ELECTORS. Every male or female citizen of the United States, eighteen years old, who has resided in this state, and in the county where he or she offers to vote for the period provided by law, if registered as provided by law, is a qualified elector. No person who is not a citizen of the United States shall be a qualified elector in any election held within the state of Idaho.  Legal#13029 AD#26853 September 24, October 15, 25, 2024