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Only citizens can vote. Why amend the Idaho Constitution? • Idaho Capital Sun

Only citizens can vote. Why amend the Idaho Constitution? • Idaho Capital Sun

Updated Editor's Note: This is the first story in a two-part series about non-citizen voting in Idaho elections. The second story, published on October 18, focused on the few cases of non-citizen voting in Idaho and in federal elections.

In November, Idaho voters will consider an amendment to the Idaho Constitution that would ban non-U.S. citizens from voting in Idaho elections.

The Idaho Constitution For people to be considered qualified voters, US citizenship is already required.

In Idaho elections, non-citizens have attempted to vote only a “few times” — “not in large numbers,” Idaho Secretary of State Phil McGrane told the Idaho Capital Sun.

Similar to ballot measures in seven other states, Idaho's amendment – proposed by the Idaho Legislature This year, a handful of local governments across the U.S. have allowed non-citizens to vote in local elections, following years of election security fears fueled in part by false claims about droves of non-citizens voting in federal elections.

Rep. Kevin Andrus, R, Lava Hot Springs, left, and Rep. Randy Armstrong, R, Inkom, at the Idaho Capitol on April 6, 2021. (Otto Kitsinger for Idaho Capital Sun)

Idaho state Rep. Kevin Andrus, R-Lava Hot Springs, says he proposed the change to ensure Idaho law is clear: that non-citizens cannot vote in government elections.

“The primary purpose of this legislation is to ensure that no non-citizen will ever vote in a public election in Idaho,” he told the Sun in an interview.

But some Democratic lawmakers worry that the change could be interpreted to prevent non-citizens – even immigrants who are in the U.S. legally but are not citizens – from participating in private elections such as homeowners associations (HOAs) and parental associations. Teachers' Associations (PTAs) to participate.

Idaho's secretary of state has removed 36 likely non-citizens as registered voters, according to some voters

“Our main concern is that it is a really flawed bill and that on its face it is not limited to government elections,” Idaho House Minority Leader Ilana Rubel, D-Boise, told the Sun.

Rubel, a lawyer, said she wouldn't have cared so much if the amendment clearly referred only to government elections.

Andrus said private elections would not be affected by the change and said that was not his intent.

But Rubel also said she was skeptical that the change was necessary, pointing out that she could not identify any voter fraud cases in Idaho related to non-citizen voting, and said that existing processes could address any potential problems, that could occur.

Why states, Republicans in Congress are seeking a ban on non-citizen voting

Eight states are considering ballot measures in November to ban non-citizens from voting. This include states Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina and Wisconsin, States Newsroom reported.

Reuters reports that the measures “mainly Adapt state constitutions I want to specifically say that only citizens can vote,” but critics say the change “will have little practical impact since it is already illegal for non-citizens to vote in these states.”

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McGrane emphasized that Idaho election officials have procedures in place to prevent attempted voting by non-citizens, which was ordered by McGrane and Gov. Brad Little in July called for Idaho to strengthen.

Jaclyn Kettler BSU head shot
Jaclyn Kettler, assistant professor of political science at Boise State University. (Courtesy of Boise State University)

Jaclyn Kettler, a political scientist at Boise State University, said assurances about electoral processes have raised questions and concerns about whether “a constitutional amendment like this is really necessary.”

“There's a debate here about, 'Is this a sensible change?' Is it more of a symbolic measure?'” Kettler told the Sun. “But I think that will depend a little bit on people's different perspectives on how effective this constitutional amendment is and how important it is to spell it out explicitly.”

According to a March magazine article, no state allows noncitizens to vote in statewide elections Non-partisan policy center.

According to the organization, municipalities in three states and Washington, D.C. allow noncitizens to vote in some local elections, such as school board elections in San Francisco and municipal elections in cities in Maryland and Vermont.

Idaho is not one of these states. But Idaho's proposed constitutional amendment, Andrus said, would preemptively prevent all localities in Idaho from potentially allowing non-citizens to vote in local elections.

McGrane told the Sun that no place in Idaho has considered allowing non-citizens to vote in local elections.

US citizens only can take part in federal elections. Non-citizens voting or registering to vote is illegal under federal law and is subject to prison time and deportation.

When the U.S. House of Representatives tried to prevent a government shutdown in September, House Republicans took part in an emergency funding measure a provision banning non-citizens from voting in federal elections that is already banned, States Newsroom reported.

But the US House of Representatives agreed to an emergency solution Financing measure without this billwhich failed to clear the Senate, States Newsroom reported.

How Idaho's proposed constitutional amendment would work

In March, the Idaho House of Representatives and Senate largely agreed House of Representatives Joint Resolution 5with only 12 votes against – all from Democrats – and 91 votes in favor.

The resolution states: “No person who is not a citizen of the United States shall be eligible to be a qualified voter in any election in the State of Idaho.”

When Andrus introduced the resolution for debate in the House this spring, he told lawmakers that the term “everyone” was not an exclusive term in the section of the Idaho Constitution about citizens who are qualified voters.

“The intent (of the proposed change) is to apply to city, state, federal elections and certain municipalities,” Andrus told the Sun.

Idaho Secretary of State Phil McGrane is sworn in on the steps of the State Capitol building
Idaho Secretary of State Phil McGrane will be sworn in on the steps of the State Capitol building on January 6, 2023. (Otto Kitsinger for Idaho Capital Sun)

McGrane, Idaho's top election official, told the Sun that the intent of the amendment is narrower. The origins of the group pushing for the change, he believes, lay in communities that allowed non-citizens to vote.

“This is not voter fraud or fraud,” McGrane said. “This means that they intentionally opened their elections to allow non-citizens to participate in these elections.”

“It’s just something that hasn’t happened in history,” McGrane added. “I think citizenship is one of those things where people just assume that only citizens vote. “But we have these local elections in other states — not Idaho — that have opened their elections to non-citizens.”

Rubel criticized the legislature's process of approving official arguments for and against the amendment. She said Republican leadership, which holds a majority of seats in a legislative body, is doing so adopted the language in June“prevented us” from exposing the potential impact of private elections to “the public.”

Republican leadership noted at the meeting that the committee-approved language was drafted by staff from the Legislature Services Office, the Legislature's research arm.

Is an Idaho Constitutional Amendment Needed?

Research has found Despite years of false claims from former President Donald Trump, who repeated those claims in his 2024 race for president, there are relatively few cases of voter fraud by non-citizens.

“I think anyone with a national perspective can now see the potential threat to our elections that non-citizens can take part in and vote and change the results,” Andrus told the Sun. “So yeah, that might not be a problem in Idaho now. But this ensures it will never be a problem.”

Idaho House of Representatives Minority Leader Ilana Rubel, D-Boise,
Idaho House of Representatives Minority Leader Ilana Rubel, D-Boise, at the State Capitol on January 9, 2023. (Otto Kitsinger for Idaho Capital Sun)

For Rubel, the House Democratic leader and attorney, the amendment is a “popular issue” that addresses a “legal talking point.”

“This is a great way to fool your voters into thinking you've solved a problem and hope they never find out that the problem never really existed. “That this is a completely made-up problem,” she told the Sun.

Andrus said certain people in other states and parts of the U.S. — whom he declined to name because he doesn't know who “is really behind this” — appear to be intent on “bringing in illegals and allowing them to vote in our country.” “. Choose.”

“And I think that’s wrong. And absolutely not the intent of the Constitution and the Founding Fathers,” Andrus told the Sun. “That is why I believe it is important to protect this right for those citizens who have the right. Because if others are allowed to vote who are not allowed to, then that diminishes the right of those who actually have it and makes it less effective.”

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