WeVote
Log In

Bill

Bill

H 94

ELECTIONS – Adds to existing law to provide that only citizens of the United States may vote in public elections and to provide certain penalties for violations.

68th Legislature, 1st Regular Session (2025)

Idaho HB 94 requires U.S. citizenship to vote or register, validates status across state databases, removes non-confirmable voters, and punishes attempting to vote while ineligible.

Reported Printed and Referred to State Affairs
#elections #federallawsandrelations #immigrationandimmigrants #votingandvoters
0
WeVote Research Nonpartisan
Bill Summary · H 94

Idaho HB 94 (2025) – Summary

Overview

Idaho House Bill 94, introduced January 30, 2025 and referred to State Affairs, would add a new section to Idaho Code (34-402A) establishing that only United States citizens may vote in all public elections in Idaho. This includes federal, state, and local elections, as well as any elections involving constitutional amendments, ballot initiatives, or referenda. The bill also creates a framework for verifying citizenship status of voters and provides penalties for violations. An emergency clause is included, with the act set to take full effect on July 1, 2025.

Key Provisions

  • 34-402A(1): Prohibits voting by any individual who is not a U.S. citizen in all public elections (federal, state, local) and in elections involving constitutional amendments, ballot initiatives, or referenda.

  • 34-402A(2): Requires that only U.S. citizens may be registered to vote in Idaho. The Secretary of State must verify citizenship status by cross-referencing statewide voter registrations with:

    • Idaho Transportation Department citizenship data
    • Help America Vote Verification System (through the Social Security Administration)
    • Other available databases containing citizenship information

  • 34-402A(3): Non-confirmable registrants must be removed from the statewide voter registration list. Such individuals must be notified in writing and given an opportunity to present evidence of citizenship to be restored to the list.

  • 34-402A(4): Starting July 1, 2025, before any voter registration application is accepted, the applicant’s citizenship status must be confirmed using the databases described in subsection (2).

  • 34-402A(5): Willful violations of the citizen voting requirement are to be treated as the crime of attempting to vote when not qualified, with penalties set forth in Idaho Code § 18-2307.

  • Section 2 (Emergency and Effective Date): The act contains an emergency clause and becomes fully effective on July 1, 2025.

Fiscal Impact

  • The bill’s fiscal note states: no additional expenditures at the state or local level, and no net effect on state or local revenue. In other words, the proposal is not projected to have a fiscal impact according to the sponsor’s note.

Affected Parties

  • Voters and prospective voters: Individuals must be U.S. citizens to vote and to be registered; non-citizens would be barred from voting and removed from the registration list if citizenship cannot be confirmed.

  • Secretary of State: Primary administrator of citizenship verification across the statewide voter rolls; responsible for cross-referencing multiple data sources and issuing removal notices.

  • Idaho Transportation Department and SSA: Data sources used to verify citizenship status.

  • Local election officials: Implement verification and removal processes consistent with the new requirements.

Timeline and Procedural Notes

  • Introduction: January 30, 2025
  • Status: Reported Printed and Referred to State Affairs
  • Effective Date: July 1, 2025 (emergency clause asserted)
  • Registration Verification Milestone: On or after July 1, 2025, citizenship must be verified before accepting new voter registrations.

Practical Implications

  • The bill significantly tightens voter eligibility by tying registration and voting eligibility to citizenship verification across multiple databases.
  • It creates a direct removal mechanism for non-confirmable voters and adds criminal penalties for attempting to vote while not qualified.
  • The process emphasizes advance citizenship verification for new registrants and ongoing verification for existing registrants.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.