You probably saw it at the bottom of your ballot. Or maybe you heard a heated debate about it at a Coeur d'Alene coffee shop. Idaho Constitutional Amendment 2024, officially known on the house floor as HJR 5, was one of those ballot measures that sounds incredibly simple but hides a lot of legal anxiety underneath.
Basically, the amendment asked voters if the Idaho Constitution should explicitly state that only U.S. citizens can vote in any Idaho election. It passed. Big time. Over 64% of Idahoans said "yes." But here is the thing: many folks walked into the booth wondering why we were even voting on this. Wasn't it already illegal for noncitizens to vote?
Well, kinda. But also, it was a bit more complicated than that.
The Weird Legal Gap in the Idaho Constitutional Amendment 2024
To understand why this happened, you have to look at what the state constitution used to say. Before November 2024, Section 2, Article VI of the Idaho Constitution said that "every male or female citizen of the United States" who met age and residency requirements was a qualified elector.
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Notice anything missing?
The old language didn't actually say noncitizens couldn't vote. It just said citizens could. Lawyers call this "permissive" language. It defines who is included but doesn't explicitly bar anyone else. State Senator Doug Okuniewicz, the Hayden Republican who sponsored the resolution, argued that this "might allow municipalities to extend voting rights to other groups" in the future.
Basically, the fear was that a city like Boise or Moscow might decide to let noncitizens vote in local school board or city council races. It hasn't happened in Idaho yet. But it has happened elsewhere.
Why the Legislature Pushed HJR 5
The Idaho Legislature didn't just wake up one day and decide to do this. They were looking at a growing trend across the country. In Maryland, Vermont, and California, some local jurisdictions have allowed noncitizens to vote in local-level elections.
Supporters of the Idaho Constitutional Amendment 2024 argued that:
- It acts as a "preemptive strike" to keep Idaho elections uniform.
- It prevents foreign influence in local government.
- It clarifies language that was written over a century ago.
Honestly, the "integrity" argument was the biggest seller. People in Idaho are generally pretty protective of the ballot box. Even though noncitizen voting isn't a documented problem in the Gem State, 572,865 voters decided it was better to be safe than sorry.
What the "No" Side Was Thinking
If the amendment passed with 64%, that means about 35% of voters—over 300,000 people—actually voted against it. Why?
Most of the "no" crowd wasn't necessarily saying "hey, let’s let everyone vote." Instead, they argued that the Idaho Constitutional Amendment 2024 was a "solution in search of a problem." It’s already a felony in Idaho to provide false information on a voter registration form. Federal law also bans noncitizens from voting in federal elections.
Opponents, including Representative Steve Berch (who was one of the few Democrats to initially support the resolution in the House before the broader debate shifted), and various civil rights groups, felt the amendment was a waste of time. They argued it was "red meat" for the base rather than a necessary legal fix.
Some also worried about "local control." If a tiny town in Idaho wanted to let a legal permanent resident who pays property taxes vote on a local bond, this amendment now permanently stops them from doing that.
The National Context: Idaho Wasn't Alone
If you feel like you heard about this in other states, you’re right. Idaho was one of eight states in 2024 to put similar "citizenship only" measures on the ballot.
- North Carolina
- Missouri
- Iowa
- Wisconsin
- Oklahoma
- Kentucky
- South Carolina
Every single one of them passed. It was a sweep. This suggests that while the local debate in Idaho was specific to our constitution, it was part of a much larger national movement to tighten up election language before the 2026 and 2028 cycles.
What Happens Now?
The Idaho Constitution has been officially updated. The new sentence reads: “No person who is not a citizen of the United States shall be a qualified elector in any election held within the state of Idaho.”
This is permanent. Unless another amendment is passed to undo it (which is highly unlikely in the current political climate), the door is shut on noncitizen voting at every level—from the Governor's race down to the local library district.
Actionable Steps for Idaho Voters
If you're wondering how this affects your next trip to the polls, here's what you need to know:
- Check your registration: Even though the law changed, your registration stays the same if you're already a citizen and a registered voter. You can check your status at VoteIdaho.gov.
- ID Requirements: Remember that Idaho still requires a photo ID to vote. If you don't have a driver's license, you can use a passport, tribal ID, or a concealed weapons permit.
- Stay informed on 2026: Now that this is settled, the Legislature is already looking at other constitutional changes, including potential new restrictions on how ballot initiatives (like the ones for Medicaid or legal weed) get started.
- Volunteer: If you care about election integrity or access, sign up to be a poll worker. County clerks are always looking for people to help manage the process on the ground.
The Idaho Constitutional Amendment 2024 didn't change who is voting today, but it fundamentally changed who can vote tomorrow. It's a subtle distinction, but in the world of constitutional law, words are everything.