The Idaho Supreme Court has ruled against Babe Vote and the League of Women Voters in their challenge of some of Idaho’s voter identification laws.
The voter advocacy groups filed the lawsuit against Idaho Secretary of State Phil McGrane over laws passed in 2023 that prohibit the use of student IDs to register to vote and as proof of identification at the polls and that added requirements for proving residency to register to vote. They argued the laws make it too difficult for some groups of people to vote, thus denying them a fundamental right.
An Ada County District Court judge dismissed the case in October, arguing the new laws were not unduly burdensome. The groups appealed, and the state Supreme Court on Thursday unanimously affirmed the district court decision.
“Here, voter identification procedures, including the acceptable forms of identification, clearly fall within the broad ambit of the legislature’s constitutional power to enact ‘qualifications’ and ‘conditions’ on the right of suffrage,” Justice Robyn Brody wrote in an opinion released Thursday.
The groups’ challenge of HB 124 argued that by removing student IDs as a valid form of voter identification at the polls, it was disenfranchising young people. The court wrote that because the law didn’t remove the ability to vote using a signed affidavit in lieu of photo identification, the law didn’t substantially restrict access to the polls for anyone.
HB 340, the other law passed last year, creates a list of ways to show valid Idaho residency and requires the Idaho Transportation Department to provide a free voter ID to those who have not had any valid drivers license within six months. The attorneys for the plaintiffs alleged this left out college students from out of state or others who recently moved to Idaho.
The court ruled that although the law will impose a burden “to some,” it doesn’t rise to the level of denying the right to vote. Brody cited a U.S. Supreme Court decision that found that “every voting rule imposes a burden of some sort,” and said the Legislature acted within its authority to try to protect election integrity and security.
“For the reasons stated herein, we conclude House Bills 124 and 340 are reasonable exercises of the legislature’s authority to enact conditions on the right of suffrage under Article VI, section 4 of the Idaho Constitution,” Brody wrote.
The court awarded costs to McGrane's office.
“We are pleased to see that the Idaho Supreme Court recognizes the importance of voting and that access to voting and the security of our elections are not competing objectives,” McGrane said in a statement. “Voters can have confidence in Idaho’s elections as they head to the polls. Our office looks forward to collaborating with the League of Women Voters and Babe Vote to encourage more Idahoans to register and actively participate in the upcoming May 21st Primary and November 5th General elections. We encourage people to visit VoteIdaho.gov to get registered and find out more about Idaho’s elections.”
The secretary of state was representing by the attorney general's office.
"This is a strong victory for election security and the minimum standards that must be met in order to vote," Attorney General Raúl Labrador said in a statement. "The Idaho legislature took steps to improve our election security, but rather than encouraging young people to obtain their free state voter IDs, advocacy groups took legal action against the State, alleging age discrimination."
Babe Vote and the League of Women Voters said in an emailed joint statement that they think the laws continue to harm certain voters and the ruling “validates voter suppression and undermines democracy in Idaho.”
“Our volunteers will do everything in our power to register as many voters as we can under the very difficult and sometimes impossible conditions Idaho’s voter suppression laws have created,” the statement said. “We will double down on efforts to register especially marginalized voters, including young people and those in elder care.”
“While the state may have won in court today, they have not won this battle. Today, we are mobilizing students on high school and college campuses across Idaho and the country to register, educate, and turn out young people in record numbers, starting with the primaries this May. We are arranging voter registration events in senior living communities to guide residents through the arduous, multi-step process required to register and exercise their fundamental right to vote. We will fight to build a democracy in Idaho that works for everyone.”
