Idaho Supreme Court overturns tougher ballot initiative law

Bankruptcy Law

The Idaho Supreme Court has rejected a new law designed to make it harder for voters to get initiatives on the ballot, saying the legislation was so restrictive that it violated a fundamental right under the state’s constitution.

The ruling issued Monday was a win for Reclaim Idaho, a group that successfully sponsored a Medicaid expansion initiative three years ago and that is now working to qualify an initiative for the ballot that aims to increase public education funding.

Idaho Speaker of the House Scott Bedke said in a prepared statement that members of the House Republican Caucus were disappointed by the ruling. He said the law would have increased voter involvement, “especially in the corners of the state too often forgotten by some.”

Reclaim Idaho co-founder Luke Mayville said the ruling means thousands of Idaho residents are “breathing sighs of relief.”

“Nearly every time in our history that our legislature attempted to eliminate the initiative process, either the governor or the courts stepped up to protect the rights of the people. Today’s decision adds a new chapter to that history, and future generations of Idahoans will look back on the court’s decision with gratitude,” Mayville said in a prepared statement.

The high court’s opinion written by Justice Gregory Moeller was unanimous in its main conclusion — that the law should be overturned — though two of the justices said they would have gotten at the same conclusion in slightly different ways.

“The ability of the legislature to make laws related to a fundamental right arises from the reality that, in an ordered society, few rights are absolute,” Moeller wrote. “However, the legislature’s duty to give effect to the people’s rights is not a free pass to override constitutional constraints and legislate a right into non-existence, even if the legislature believes doing so is in the people’s best interest.”

The case pitted the rights of voters to enact and repeal laws against the power of the state Legislature to shape how ballot initiative efforts are carried out. The new law, which passed earlier this year, required signature-gatherers to get 6% of registered voters in each of Idaho’s 35 legislative districts within a short time span. Opponents said it made Idaho’s initiative process the toughest in the nation, rendering such efforts virtually impossible to achieve. But supporters said the law would protect people with less popular political opinions from being overrun by the majority.

Related listings

  • Florida court deals blow to marijuana ballot initiative

    Florida court deals blow to marijuana ballot initiative

    Bankruptcy Law 04/22/2021

    The Florida Supreme Court on Thursday dealt a potentially fatal blow to supporters of a proposed constitutional amendment aimed at legalizing marijuana under certain circumstances.The justices ruled that the initiative’s ballot summary is &ldqu...

  • Thai court gives record 43-year sentence for insulting king

    Thai court gives record 43-year sentence for insulting king

    Bankruptcy Law 01/21/2021

    A court in Thailand on Tuesday sentenced a former civil servant to a record prison term of 43 years and six months for breaching the country’s strict law on insulting or defaming the monarchy, lawyers said.The Bangkok Criminal Court found the w...

  • Justices rule Muslim men can sue FBI agents over no-fly list

    Justices rule Muslim men can sue FBI agents over no-fly list

    Bankruptcy Law 12/11/2020

    A unanimous Supreme Court ruled on Thursday that Muslim men who were placed on the government’s no-fly list because they refused to serve as FBI informants can seek to hold federal agents financially liable.The justices continued a string of de...

Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme

Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”

At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.

Business News

Eugene, OR Criminal Defense DUII Attorney MJM Law Office was founded to provide clients with representation in Criminal Defense. >> read