You may have noticed the absence of my newsletter from your inbox in the last couple of weeks. At this time of the legislative session, the days grow longer and are packed with hearings, meetings, floor sessions, e-mails, phone calls, and the list goes on. And, of course, the practice of law. It makes for a busy, but fun, schedule. Unfortunately, some things had to give, and I couldn’t quite get to the newsletter.  I always want to provide you with straight talk. That includes identifying the good, but not shying away from telling you about the bad. These last few weeks included some good, but were mostly filled with bad policy and disappointing outcomes.  

Let me start with some good news. Representative Rod Furniss (R- District 35) brought a well-researched, thoughtful and helpful piece of legislation, House Bill 248, which has the potential to improve educators’ access to affordable and high-quality health insurance. Currently, school districts negotiate for their own health insurance to cover their employees. Representative Furniss’ bill would allow school districts to join the state employee health insurance plan, if the districts choose to do so. The premium savings to many teachers under this plan could mean more money for their families. This is heavy-lift legislation, so kudos to Representative Furniss as he heads to the Senate to seek approval.  

The rest of the news is not so good. The session has seen endless legislation related to the consolidation of power by the extreme right. It began with stripping power from other elected officials. This included restricting the governor’s power to act in an emergency, limiting the attorney general’s job responsibilities, and pulling power from local elected officials (e.g., “monument protection” bill). More recently, they’ve targeted voters by passing voter suppression legislation in all different forms. 

Legislation Targeting Voters’ Rights
First, we saw House Bill 88, the “ballot harvesting” bill, which created a misdemeanor charge for anyone who collected and delivered to the post office or clerk’s office any ballot beyond their own and one family member’s. That bill was amended to allow 6 ballots to be delivered and was then passed on the House Floor. Keep in mind, even the bill’s sponsor acknowledged Idaho does not have a problem with its elections, let alone “ballot harvesting.”   

Senate Bill 1110 makes it nearly impossible for an average Idahoan to create a voter initiative, requiring signatures from 6% of registered voters in all 35 districts in Idaho for approval. Current law requires signatures from 6% of registered voters in 18 districts in the State (and keep in mind, that high and difficult standard was established by the Legislature only in the last several years). Why is the Legislature doing this, you might ask. It is because voters successfully passed Medicaid Expansion a couple of years ago, and the Legislature fears the voters may seek to approve other initiatives in the future, like medical marijuana. Because the bar set by this legislation is so high, it is likely unconstitutional, and I expect it to be challenged as an infringement on the rights of the people under the Idaho Constitution.  

Senate Bill 1150 targets Idaho voters who are not in the State and want to participate in the initiative process. It requires that all of the signatures mentioned above be collected in Idaho. In other words, those serving in the military, those attending school in another state, missionaries and other Idahoans living outside of Idaho will have their rights to participate in the initiative process stripped from them. The true intent of this law is to prevent signature gatherers from collecting signatures for a medical marijuana initiative at dispensary parking lots just across the Oregon border.   

The extreme right are also targeting college students’ voting rights by changing voter ID laws. House Bill 219 would require an Idaho Driver’s license or ID card in order to vote. This specifically targets out-of-state college students who often keep a license from their home state and use their student ID to vote in Idaho. 

Legislation Targeting Working Families 
After targeting voters’ rights, the extreme right went a step further, targeting the Idahoans who need our support most—working families. Following a nearly 2-hour long debate on the House Floor over House Bill 226, the legislature chose to reject nearly $6 million of federal funding for early childhood learning. This shocking and irresponsible vote came after a smear campaign against the Idaho Association for the Education of Young Children (Idaho AEYC), the organization set to manage the funds. The debate began with Representative Priscilla Giddings’ (R- District 7) efforts to attack AEYC with ad hominem attacks. Much of the information brought up in the debate was irrelevant to the purposes of the bill. In short, the bill’s detractors sought to defeat the bill by throwing as much mud at it as they could in order to ensure the bill was too stained to pass.  

The debate included an insulting and inappropriate discussion of the harms of social justice education, with many legislators voicing their unfounded fears that Idaho children would be taught about issues of race and privilege. To be clear, I believe these are valuable and necessary lessons that children should be taught, but the allegations were unsupported by facts.  

The Floor debate then devolved even lower, as several legislators argued early childhood learning programs encourage mothers to leave the home and neglect their domestic duties. Mothers throughout the area later made their feelings known by protesting these antiquated remarks on the steps of the Capitol.
This was a good and important piece of legislation. It would have allowed local communities to tailor the way the early childhood learning funds were used. It was even approved by the Trump administration and has been highlighted by our two US Senators. Unfortunately, the debate tactics succeeded and the legislation failed by one vote. We expect the legislation to be rewritten and presented again later this session, hopefully with better results.  

The Pattern We’re Seeing
In summary, the extreme right of the majority party is driving the agenda once again this session. They have made their priority clear: collect and consolidate power. The question we’re left asking is “Why?” Why would the party of independence and limited government work so hard to strip control away from local governments, voters, and working families. The answer is simple: power and fear. They want the power to reshape Idaho, and they fear those who would stand in the way of their vision.  

So what does their new Idaho look like? It is one where ideas of social justice are held in disdain. It is one where only those who are “pure” enough serve in elected office. It is one where K-12 schools and institutions of higher learning must conform their curriculum to far right viewpoints. It is one where businesses struggle to recruit talented workers to relocate to our State and where Idaho’s biggest export is our children and grandchildren. Working Idahoans want affordable childcare, quality education for their children and grandchildren, good paying jobs, accessible voting, and a welcoming business climate. They want representatives who actually reflect their values.  

Please stay engaged and support good candidates for office. We can change the unfortunate path our State finds itself following, but only with hard work, focus and a willingness to fight for a better Idaho. The work to reflect the will of the people of Idaho begins now.
Check out my previous newsletters here:
Newsletter 6 – February 16, 2021 – The Legislature Prioritizes Power Plays Over People
Newsletter 5 – February 8, 2021 – One Month Report from the Legislative Session
Newsletter 4 – February 1, 2021 – Idaho’s Childcare Challenges
Newsletter 3 – January 25, 2021 – The Ballot Is Stronger than the Bullet
Newsletter2 – January 18, 2021 – Choosing Empathy Over Partisanship
Newsletter 1 – January 11, 2021 – Fighting for our Democracy
Sincerely, J.R.James Ruchti
jruchti@house.idaho.gov