Idaho Supreme Court orders changes to ballot title and fiscal statement for abortion ballot initiative
News Team
BOISE, Idaho (KIFI) — On Monday, the Idaho Supreme Court ordered Attorney General Raúl Labrador and the Idaho Division of Financial Management (DFM) to revise the language used in the short ballot title and fiscal impact statement for the Reproductive Freedom & Privacy Act. The ballot initiative, proposed by Idahoans United for Women and Families, aims to restore access to abortions and other reproductive health services across Idaho.
“This unanimous ruling is a significant victory for fairness and transparency in Idaho’s elections and a strong defense of our ballot initiative rights,” stated Melanie Folwell, Executive Director for Idahoans United for Women and Families. “In their ruling, the Court recognized the importance of supplying voters with clear, accurate, and impartial information on their ballots.”
The ruling comes after Idahoans United filed a lawsuit against state officials, including the Attorney General and the DFM, arguing that both the ballot titles and the fiscal statement contained unnecessary and prejudicial information.
Under Idaho law, the Attorney General is responsible for drafting summary titles for ballot initiatives, outlining what the legislation would accomplish if passed. However, Idahoans United argued that the inclusion of information regarding the Medicaid budget and potential cost impacts on the state’s prisoner population in the fiscal statement was both unnecessary and biased. They further argued that both the short and long ballot titles failed to provide clear, concise, and accurate information to voters.
The short ballot title submitted by the Attorney General states, “Measure establishing a right to abortion up to fetus viability and to make reproductive decisions regarding one’s own body.”
In a ruling authored by Justice Colleen Zahn, the court partially granted Idahoans United’s petition. It specifically ordered the Attorney General to submit a new short ballot title that complies with Idaho Code, and the DFM to draft a revised fiscal impact statement.
“The Court’s decision to direct Attorney General Labrador and the State of Idaho to make ballot titles and fiscal impact statements clear and fair is a win for all Idahoans who value a government that respects the will of the people, not just the power of politicians and bureaucrats,” Folwell said. “Voters deserve to know exactly what they’re voting for and how much it will cost, and we are proud to have held that line.”
However, the court ruled that the long ballot title sufficiently complied with Idaho code. The group’s request to replace the term “fetus viability” with “fetal viability” in the short ballot title was also denied, with the court stating the phrases were not “substantially” different.
“I’m pleased the Court upheld the majority of our ballot title work, especially rejecting the unfounded claims of bias and acknowledged the challenging task of summarizing a 1,226-word initiative in just 20 words,” said Attorney General Labrador. “We will move swiftly to revise the short title in accordance with the Court’s guidance.”