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H 85

ELECTIONS – Amends existing law to provide that the governor may veto certain initiative petitions approved by the voters and for voters to override a governor’s veto.

68th Legislature, 1st Regular Session (2025)

House Bill 85 allows Idaho's governor to veto voter-approved initiatives, but voters can override this veto with a two-thirds majority in the next election.

Reported Printed and Referred to State Affairs
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Bill Summary · H 85

Summary of House Bill 85 (H 85)

Purpose and Intent

House Bill 85 (H 85) aims to amend existing laws regarding the initiative process in Idaho. The bill grants the governor the authority to veto certain initiative petitions that have been approved by voters, while also establishing a mechanism for voters to override such a veto. This legislation seeks to clarify the role of the governor in the initiative process and ensure that voter-approved initiatives are subject to executive review.

Key Provisions

H 85 introduces several significant changes to the Idaho Code:

  1. Governor's Veto Authority:

    • If an initiative petition receives a majority of votes but less than two-thirds (2/3), the governor has five days to approve or veto the initiative after the election results are proclaimed.
    • If the governor vetoes the initiative, it will be resubmitted to voters at the next general election. A two-thirds majority approval from voters will override the governor's veto.

  2. Emergency Clause:

    • The bill includes an emergency clause, allowing it to take effect immediately upon passage and approval.

  3. Technical Corrections:

    • The bill makes various technical corrections to existing provisions regarding the manner of voting on initiatives and the counting of votes.

  4. Effective Dates:

    • Initiatives that receive at least two-thirds approval will become law without needing the governor's approval.
    • Initiatives approved by a simple majority will take effect based on the governor's action or, if not acted upon, will be deemed approved after five days.

Impact

  • Voters: The bill directly affects voters by altering how their approved initiatives can be challenged or upheld. It introduces a new layer of executive oversight, which may influence voter confidence in the initiative process.
  • Governor's Office: The legislation expands the governor's role in the legislative process, allowing for a check on initiatives that may not align with the governor's policy preferences.
  • Secretary of State: The bill anticipates additional costs for the Secretary of State's office, estimated at up to $300,000, for publishing voter pamphlets that include information on any vetoed initiatives and the arguments for and against them.

Procedural Aspects

  • Introduced: January 30, 2025
  • Status: Reported printed and referred to the State Affairs Committee on January 31, 2025.
  • Fiscal Note: The estimated costs associated with the implementation of this bill are tied to the publication of voter information materials.

In summary, House Bill 85 seeks to redefine the initiative process in Idaho by introducing a governor's veto mechanism while allowing voters a path to override such vetoes, thereby balancing executive oversight with direct democracy.

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

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