What’s that question on your Idaho ballot about noncitizens voting? Learn about the amendment

Idaho voters this year will decide whether to add language to the state’s constitution with a proposed amendment that would specify that non-American citizens are not allowed to vote in any Idaho elections.

It is already illegal for noncitizens to cast a ballot in Idaho and in federal elections.

Here’s how the question looks on the ballot:

“Shall Section 2, Article VI of the Constitution of the State of Idaho be amended to provide that individuals who are not citizens of the United States may not be qualified electors in any election held within the state of Idaho?”

Why is this amendment on the ballot?

Republicans in the Legislature earlier this year brought forward the amendment to “clarify” that only citizens can vote in government elections, and to preemptively prevent local jurisdictions in the state from allowing noncitizens to vote in their elections.

The Idaho Constitution and Idaho law already requires citizenship to vote. State law defines a “qualified elector” as a citizen. Federal law similarly makes it a crime for noncitizens to vote in federal elections.

But Republicans in the state want more assurances that only citizens can vote.

“It says who can but it does not say who cannot (vote),” sponsor Rep. Kevin Andrus, R-Lava Hot Springs, said of the Idaho Constitution on the House floor in March.

Jack Tomczak, a representative with a group called Americans for Citizen Voting, presented the amendment at a House committee hearing in March. In addition to Idaho, there are seven other states considering similar changes this year, according to the group’s website.

Part of the motivation is the move by some jurisdictions to allow noncitizens to vote in local elections. Washington, D.C., for instance, now allows noncitizens to vote in City Council races, based on the premise that all residents, regardless of citizenship status, are affected by local policy. (Noncitizens still can’t vote in D.C.’s federal elections.)

“Allowing noncitizens to vote in Idaho elections could lead to concerns regarding election integrity and allow for foreign influence in Idaho elections,” reads one of the “pro” arguments on the Secretary of State’s website. “The proposed constitutional amendment will protect the State of Idaho from such issues.”

Ben Ysursa, who was Secretary of State from 2003 until 2015, told the Idaho Statesman by phone that the amendment is gratuitous because local jurisdictions in Idaho are bound by law to abide by the state’s definition of a “qualified elector” — which requires citizenship. Altering that requirement — and allowing cities or school districts to define their voters as they choose — would require a change in state law.

“The possibility that the Idaho Legislature, who controls the qualifications of these other entities, would allow noncitizens to vote (in local elections) is extremely, extremely remote,” he said.

If it passes, he said it will cause “no harm, no foul,” but that the consequences will be “nil.”

“This amendment to me is totally unnecessary,” he said.

The “con” arguments note that the amendment is “not needed because United States citizenship is currently required for participation in Idaho elections,” and the change would prevent local jurisdictions from allowing noncitizens to participate in future elections that “might directly affect their interests.”

“Election fraud involving voting or attempts to vote by noncitizens is not a significant issue in Idaho,” the “con” argument continued. “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.”

In October, the Secretary of State’s office said it was removing 36 “very likely” noncitizens from voter registration rolls, according to the Idaho Capital Sun. Some portion of those three dozen have voted in past Idaho elections, but it was not clear how many.

Secretary of State Phil McGrane told the Sun that each instance was being evaluated on a case-by-case basis, and that they amounted to a “teeny, tiny fraction of a percent of instances.”

Residents can read more about the amendment on voteidaho.gov. Amending the constitution requires a simple majority to pass.

This story was originally published October 30, 2024 at 4:00 AM.

Ian Max Stevenson

Idaho Statesman

208-274-3538

Ian Max Stevenson covers state politics and climate change at the Idaho Statesman. If you like seeing stories like this, please consider supporting his work with a digital subscription. Support my work with a digital subscription