On Monday, December 11 at 2:00 pm, the Idaho Supreme Court will hear BABE VOTE & League of Women Voters of Idaho’s appeal challenging HB 124 and HB 340, voting laws passed by the Idaho Legislature during the 2023 session, that added new restrictions and requirements for voting.
According to the Secretary of State, Idaho has fair and free elections, and there has been neither widespread voter fraud nor any evidence of fraud associated with student IDs which was eliminated as a valid form of ID in both laws. The laws were passed after Idaho experienced an unprecedented 66% increase in registered 18- and 19-year-old voters from the November 2018 to the November 2022. (https://circle.tufts.edu/latest-research/youth-voter-registration-compar... battlegrounds).
“The new voter registration law doesn’t just burden students,” said Kendal Shaber, a League of Women Voters of Idaho board member. “People who have moved, people with disabilities, people in care facilities, people who are not housed, and new citizens will also find it difficult or impossible to overcome these burdens put in place by Idaho’s legislature. Many people who have been voters in Idaho for decades, will find the new registration requirements difficult to complete if they have moved since they last voted.”
Access to the free voter identification card, included in one of the new laws as a purported solution for those who lack the required identification, has proven extremely difficult for certain categories of voters, according to Shaber. “Requirements include presenting a photo ID to get the free ID, and a certified birth certificate with seal or a current US passport,” Shaber said. “And anyone who has had a driver’s license from anywhere in the last 6 months is ineligible for the free ID.”
“Getting to the DMV for these transactions can also be challenging,” Shaber added. “A recent applicant required extensive assistance of a local nonprofit, multiple visits to the DMV and weeks of document collection. The woman ultimately gave up on obtaining the free ID. Another individual who is bedbound was not able to register to vote for the November election because Idaho currently does not have an allowance for people to obtain an Idaho state ID anywhere other than at the DMV.”
Both BABE VOTE and LWVID suspended voter registration when HB 340 went into effect on July 1, 2023. HB 124 goes into effect January 1, 2024.
“The new requirement to provide proof of residency when registering has made it impossible for organizations like BABE VOTE and the League to help many Idahoans complete their voter registration during voter registration drives,” Saumya Sarin, a BABE VOTE volunteer and College of Idaho student explained. “We can’t collect and turn in people’s personal documents to the County Clerks. So, if someone has moved, or doesn’t have a current Idaho driver’s license, or doesn’t qualify for the ‘free ID’—they can’t complete their registration without also providing proof of residency documents to their County Clerks. It’s just another barrier for people who are legally eligible to vote but who don’t carry around documents proving their residency. Even if they did have those documents with them, they would not want to hand them over to volunteers, nor would we want to take them.”
“BABE VOTE challenged these laws because they are a surgical attack on young people who want to vote and these laws make it harder for them to vote,” Sarin said. “Students IDs were singled out by these laws even though other IDs, like Concealed Weapons Licenses, don’t prove citizenship or residency.”
“BABE VOTE and the LWVID remain deeply committed to protecting the fundamental right to vote for all Idaho citizens eligible to vote and look forward to the Idaho Supreme Court’s review of this case,” Sarin said.
The hearing will take place at the Idaho Supreme Court building at 451 W. State St. in downtown Boise. The public is welcome to silently observe proceedings in person or via live stream at: https://isc.idaho.gov/appeals-court/isc-calendar.
