Resolution Proposing Constitutional Amendment Banning Ranked Choice Voting Introduced in Idaho House

Representative Vito Barbieri (R-Dalton Gardens) has introduced House Joint Resolution 3 (HJR3) proposing an amendment to Article VI of the Idaho Constitution. The amendment would add a new Section 8 which would maintain the current standard for election victory in Idaho. Right now, that is one round of voting with the person receiving the highest number of votes having prevailed in their race. Senator Phil Hart (R-Kellogg) is co-sponsoring the resolution.

The language to be added would read,

“ONE ROUND OF VOTING – PERSON WITH THE HIGHEST NUMBER OF VOTES ELECTED.
In any election, there shall be one round of voting, and the person having the highest number of votes for an office shall be deemed to have won such election.”

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In order for a Constitutional amendment to be approved and confirmed, Article XX Section 1 of the Idaho Constitution explains that 2/3 of each house of the Legislature must vote in favor of the idea, and then it must go on the next general election ballot. A simple majority (50% +1) of Idaho voters must vote in favor of the amendment in order for it to be ratified and added to the Idaho Constitution.

ARTICLE XX – AMENDMENTS
SECTION 1. HOW AMENDMENTS MAY BE PROPOSED. Any amendment or amendments to this Constitution may be proposed in either branch of the legislature, and if the same shall be agreed to by two-thirds (2/3) of all the members of each of the two (2) houses, voting separately, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals, and it shall be the duty of the legislature to submit such amendment or amendments to the electors of the state at the next general election, and cause the same to be published without delay for at least three (3) times in every newspaper qualified to publish legal notices as provided by law. Said publication shall provide the arguments proposing and opposing said amendment or amendments as provided by law, and if a majority of the electors shall ratify the same, such amendment or amendments shall become a part of this Constitution.

From HJR3’s Statement of Purpose and Fiscal Note,

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“This legislation, if approved by the House of Representatives and the Senate, will place a constitutional item on the November ballot.”

Why is this being proposed and how did we get to this point? In the 2023 Idaho Legislative Session, House Bill 179 was passed and signed into law prohibiting ranked choice voting in Idaho. The text of the new statute, currently in place, reads,

RANKED CHOICE VOTING PROHIBITED. (1) No county elections office shall use ranked choice voting or instant runoff voting to conduct an election or nomination of any candidate in this state for any local government, statewide, or federal elective office.

Following the passage of this law, a group called Idahoans for Open Primaries created a proposed ballot initiative and began collecting the needed signatures for their idea to go on the ballot to be considered by Idaho voters. The group would have to gather almost 63,000 signatures statewide, which must include a minimum of 6% of voters in at least 18 legislative districts before May 1, 2024 in order to appear on the November 2024 general election ballot.

If that is accomplished and the initiative is approved by a simple majority of voters statewide in November, it would change several sections of Idaho law, including repealing the current prohibition on ranked choice voting found in Idaho Code §34-903B. You can view the entire list of changes the initiative would make to Idaho law here.

The summary explains,

“THIS MEASURE PROPOSES TWO DISTINCT CHANGES TO ELECTIONS FOR MOST PUBLIC OFFICES.

FIRST, THIS MEASURE WOULD ABOLISH IDAHO’S PARTY PRIMARIES. UNDER CURRENT LAW, POLITICAL PARTIES NOMINATE CANDIDATES THROUGH PRIMARY ELECTIONS IN WHICH PARTY MEMBERS VOTE FOR A CANDIDATE TO REPRESENT THE PARTY IN THE GENERAL ELECTION. THE INITIATIVE CREATES A SYSTEM WHERE ALL CANDIDATES PARTICIPATE IN A TOP-FOUR PRIMARY AND VOTERS MAY VOTE ON ALL CANDIDATES. THE TOP FOUR VOTE-EARNERS FOR EACH OFFICE WOULD ADVANCE TO THE GENERAL ELECTION. CANDIDATES COULD LIST ANY AFFILIATION ON THE BALLOT, BUT WOULD NOT REPRESENT POLITICAL PARTIES, AND NEED NOT BE ASSOCIATED WITH THE PARTY THEY NAME.

SECOND, THE MEASURE WOULD REQUIRE A RANKED-CHOICE VOTING SYSTEM FOR THE GENERAL ELECTION. UNDER CURRENT LAW, VOTERS MAY SELECT ONE CANDIDATE FOR EACH OFFICE, AND THE CANDIDATE WITH THE MOST VOTES WINS. UNDER THE RANKED-CHOICE VOTING SYSTEM, VOTERS RANK CANDIDATES ON THE BALLOT IN ORDER OF PREFERENCE, BUT NEED NOT RANK EVERY CANDIDATE. THE VOTES ARE COUNTED IN SUCCESSIVE ROUNDS, AND THE CANDIDATE RECEIVING THE FEWEST VOTES IN EACH ROUND IS ELIMINATED. A VOTE FOR AN ELIMINATED CANDIDATE WILL TRANSFER TO THE VOTER’S NEXT-HIGHEST-RANKED ACTIVE CANDIDATE. THE CANDIDATE WITH THE MOST VOTES IN THE FINAL ROUND WINS.”

Reclaim Idaho, a group assisting Idahoans for Open Primaries in gathering the needed signatures, explains why they support the idea of ranked choice voting,

“Why support the Open Primaries Initiative? There are at least two big reasons: This initiative will give us more freedom and better leadership.

-More freedom. It’s wrong that Idaho blocks independent voters from participating in elections unless they join a political party. The Open Primaries initiative will give all voters, regardless of party affiliation, the freedom to vote in all elections.

-Better leadership. By giving voice and power back to Idaho voters, the Open Primaries initiative will help elect more independent-minded leaders who are focused on solving problems, not wasting time with distractions and controversies that turn us against each other.”

Some vehemently oppose the idea. Greg Pruett, president of the Idaho Second Amendment Alliance, has been very vocal with his reasons for opposing the idea.

“They want to cause confusion for voters and do anything they can to get more liberals elected.

Rigged Choice Voting is confusing for voters and undermines the American way of “one vote for one person.” Despite claims by proponents of the system, it cuts down on participation.

RCV is so bad, that even Democrats in blue states are trying to get rid of it.

Ironically, the only states where there are major pushes to pass RCV, are in red states, where the far-left policies aren’t welcome.”

Idaho Dispatch reached out to Reclaim Idaho and Representative Barbieri for comments on HJR3 and additional thoughts on ranked choice voting. We will update this article if responses are received.

Feature photo courtesy of Youtube.com