Disenfranchisement in the State of Idaho – The Arbiter

In the weeks leading up to every election, whether state or national, campus and city streets are populated with individuals handing out fliers and asking, “Have you voted yet?”

For many Americans and Idaho residents, the issue is not whether they will vote, but whether or not they can do so legally.

Idaho Amendment HJR No. 5 Bill prohibits non-citizens from voting

Idaho’s new House Joint Resolution No. 5 bill went into effect in the last general election and prohibits non-citizens from the United States from voting in elections in Idaho.

Although the Idaho Constitution defines a qualified voter in Article VI, Section 2 as a person who is a “resident” of the state or country of which he or she is a member, Rep. Kevin Andrus says the purpose of this resolution is to prevent to double bar non-citizens from voting in Idaho elections.

“As far as we know, there is no non-citizen voting in Idaho, but we wanted to be absolutely sure that would never happen,” Andrus said. “That was a path that we were absolutely certain to ensure, barring a constitutional change in the future.”

Andrus says he doesn’t expect this change to impact Idaho’s future population growth or demographic changes in voter turnout.

“I don’t think it really changes anything,” Andrus said. “I think Idaho is a great place to live and people want to move here, but I don’t think it’s having (any more) impact than it originally would have.”

As municipalities in states like California allow non-citizens to vote, Andrus explained the importance of passing HJR Bill 5, making it a statewide mandate to allow non-citizens to vote in future elections in Idaho.

“That’s another part of it because there is evidence that there are cities in the country that allow non-citizens to vote in elections,” Andrus said. “With the current elected state officials, they would never pass, but I could imagine that certain cities (in Idaho) might want to enforce something, this will make sure that doesn’t happen.”

House Bill 340 creates a barrier to out-of-state voters

Following the passage of House Bill 340 in 2023, voters will no longer be able to use a student ID or driver’s license from another state as valid IDs.

Trent Tripple, the Ada County county clerk, was concerned about having to turn away voters.

“Standing there in line… it didn’t feel right that I had someone with a birth certificate, a current driver’s license from another state, a voter ID from another state and five proofs of residency from a water bill to a rental agreement… I could definitely prove who they were (and that they were residents), but I still couldn’t let them vote,” Tripple said.

Although Tripple believes the Idaho Secretary of State’s Office facilitated clear communication with the community, this information ultimately did not reach everyone.

“Throughout the early voting period and Election Day, where people registered on the same day, there were approximately 1,000 people in Ada County who were initially turned away because they did not have what they needed to register Tripple said.

Despite the frustration of being turned away, first-time voters had a longer window of opportunity to receive the materials they needed. Voters on the same day did not. Tripple explained that obtaining the free Idaho ID is a lengthy process and requires birth certificates and additional documentation.

“As election day approaches and you don’t have one of these IDs, you’re not going to get it in a day or two, you’re certainly not going to get it on election day. Tripple said.

“In the new law, the word “current” is not covered by ID requirements for voting, but is covered by registration requirements. Even there, they didn’t exactly get it perfect,” Tripple said. “The process of this new legislation – the clerks supported the original change, which also included ID cards and driver’s licenses from every other state. That was taken out by the legislature.”

The importance of accessible polling stations

Many polling stations are not accessible to people with disabilities. Due in part to the ever-changing nature of polling places, it can be difficult for people with a disability to make a voting plan.

In an email interview with The Arbiter, Jeremy Maxand, executive director of the Living Independence Network Corporation (LINC), emphasized the importance of wheelchair accessibility at polling places.

“As someone who has been in a wheelchair since 1989 and is the executive director of an Independent Living Center, I cannot emphasize enough the importance of having polling places that are accessible to people with disabilities. “Voting is a fundamental right and it is imperative that everyone, regardless of disability, has equal access to participate in our democratic process,” Maxand said.

Maxand explained that while densely populated areas have become more accessible, many polling stations still do not consider accessibility measures. Maxand said LINC is working with county election officials to provide education and evaluate polling locations.

“While polling places in many larger cities have become more accessible over time, there are still locations that still present barriers for people with disabilities, particularly those with mobility-related disabilities,” Maxand said.

Maxand pointed out that inaccessible polling places not only prevent people with disabilities from voting, but can also send harmful messages.

“When polling places are inaccessible, it not only discourages participation, but also sends the message that some people’s rights are less important than others. Accessibility isn’t just about ramps or wide doorways – it’s about ensuring that people with disabilities have the same opportunities to choose independently and privately as everyone else,” Maxand said.

Accessible polling places allow voters to maintain their privacy. Maxand pointed out that blind people can encounter difficulties and need assistance when filling out a mail-in ballot, despite existing technology that would allow them to vote privately.

Maxand shared that he encountered obstacles in voting firsthand.

“It was a few years ago, but one of my polling places was in an elementary school that was completely inaccessible, and I had to ask for someone to personally bring me my ballot while I was in my vehicle. And that was in Boise, a large urban center,” Maxand said.

Maxand expressed frustration with Idaho’s new voting law, saying it creates “unnecessary barriers” and describing an experience that helped an older voter. Maxand worked with a colleague for 15 months to ensure that a voter who was unable to leave his care facility could cast his vote.

“His ID had expired and he was living at a new address. “We had to request a certified birth certificate from another state, which took a long time, and we had to make a series of calls to county and state agencies to navigate the new process, which was confusing for everyone involved,” Maxand said.

Maxand noted that this voter had received Medicaid for several years, which required proof of citizenship, and had a “voting history.”

Maxand wants poll workers to know in the future that they are valued and hopes Idaho lawmakers consider the impact of their legislation on accessibility.

“I’m hearing more and more: ‘The law isn’t perfect, but it can be resolved in court.’ I think we can do better. Idahoans deserve better,” Maxand said. “Either every vote counts and the right to vote is important, or it is not important. We believe voting is a critical right, and we will continue to fight for this right for every Idahoan, especially those with disabilities.”

Voter turnout in Idaho elections is high despite voting barriers

Idaho saw 85.7% voter turnout in this year’s general election, a 5.54% increase compared to the 2020 general election.

Idaho Secretary of State Phil McGrane says he sees this past election as a success alongside the electoral challenges some Idaho voters faced.

“This was one of the smoother elections I have ever participated in,” McGrane said. “Of course, with over 900,000 people voting in the election, there is a lot of work involved in many possible things that could go wrong, and no election is perfect. But overall, from the district’s perspective, from our perspective, it went very smoothly. I think this is really a testament to the pre-planning that the counties have done.”

McGrane mentioned that the pre-planning process for this upcoming election began around mid-summer in collaboration with the Secretary of State and counties and included tasks such as processing and mailing mail-in ballots, training poll workers at all polling locations and mailing voter pamphlets to every household in Idaho finished .

“All in all, all the preparatory work, the beginning of September with the publication of the first mail-in ballots, the beginning of early voting in October and of course November 5th with the big election day, everything worked out well,” said McGrane.

Despite the problems presented by House Bill 340, McGrane says it gives college students the opportunity to get a free voter ID.

“I know (House Bill 340) has had a lot of conversations about ID requirements, but the great thing about it is we now have a free ID,” McGrane said. “Let’s say you’re a student on campus and you don’t need a driver’s license for anything. You are now eligible to receive a free, state-issued ID for the purpose of voting. You can (also) open a bank account, the TSA accepts it for travel, it’s free for students, you just have to go to the local sheriff’s office to get one.”

For future elections, McGrane advises people to register to vote as soon as possible.

“I think one of the most important things for all voters is not to wait until the end,” McGrane said. “If you register earlier in the process or register now, even though there’s just been an election and so many people are saying, ‘Well, I’ll wait until the next one,’ it’s actually easier now.”