House Joint Resolution 5
Election Results
| Option | Votes | Pct |
|---|---|---|
| Yes | 350,094 | 55.55% |
| No | 280,123 | 44.45% |
* Race percentages are calculated with data from the Secretary of State's Office, which omits write-in votes from its calculations when there are too few to affect the outcome. The Spokane County Auditor's Office may have slightly different percentages than are reflected here because its figures include any write-in votes.
About The Measure
The issue: Currently, all administrative rules issued by state agencies are reviewed by the Legislature; they can accept them or reject them. This would enshrine the Legislature’s right to do this in the state Constitution, and not let the governor have any veto power over any rules rejections. He doesn’t now. So, if this passed, what would change? Nothing.
The arguments: The Legislature’s right to do this is established in state law, upheld by a decision of the Idaho Supreme Court. Legislators think it’s an important enough privilege of theirs over the executive branch that they want to put it in the Constitution, so no future court could disagree. Opponents say the courts are best equipped to say which powers each branch of government has, and that the legislative branch is attempting to unduly increase its constitutional power at the expense of the executive branch.
The history: This same amendment, with different wording, was on the ballot in 2014, and the voters narrowly rejected it.
The process: To amend Idaho’s constitution, a change must receive two-thirds support in each house of the Legislature, plus a majority vote of the people at the next general election.
Complete Coverage
First bill of the Idaho legislative session introduced, to clarify HJR 5 wording
Idaho lawmakers want to clarify language inside a newly adopted constitutional amendment to ease legal concerns raised by Idaho’s top elected officials. The first bill introduced in the legislature’s new session Tuesday would define a brief clause in the constitutional amendment that expanded the Idaho Legislature’s power…
Eye on Boise: ‘Citizens for HJR 5’ actually elected officials, lobbying groups
So, who are the “Citizens for HJR 5”?
‘Citizens for HJR 5’ raises $113K+ from elected officials, lobbying groups…
So, who are the “Citizens for HJR 5”? The group just began fundraising on Sept. 30 of this year, according to campaign finance reports filed with the Idaho Secretary of State. Its treasurer is Travis Hawkes, managing partner at Riverwood Strategies in Eagle, which also…
Trib: Why is HJR 5 attracting big $$$?
In his Lewiston Tribune editorial this AM, Opinion Editor Marty Trillhaase spotlights “innocuous” HJR 5: “Whatever else it is, House Joint Resolution 5 is not some obscure, innocuous, good-government housekeeping measure offered up by a benevolent Legislature looking out for the good of us all.”
HJR 5 supporters raise big $$ to push constitutional amendment
Political donors have anted up more than $107,000 since September to support the state’s only constitutional amendment on the November ballot, HJR 5, the AP reports, with the money coming almost exclusively from GOP lawmakers and lobbying groups…
Eye on Boise: Gov. Butch Otter points to legal concern about HJR 5 on November ballot
Idaho Gov. Butch Otter is urging a “no” vote on HJR 5, the constitutional amendment on the November ballot, and he’s added a new twist to the debate: Otter says a clause in the amendment that says “in whole or in part” actually would vastly expand the Legislature’s current power to review administrative rules, rather than simply writing that current power into the state Constitution.
Press: Vote ‘no’ on HJR 5
In an edit today, the Coeur d’Alene Press urges a “no” vote on HJR 5. It begins: “Voter alert: There’s a trick question on your ballot.” Then: “The question, better known as HJR 5, sounds innocuous enough to evoke a quick “yes” vote and move on. But The Press encourages you to vote “no” on this proposed constitutional amendment instead.”
Law prof on HJR 5: ‘A real danger it could be interpreted’ as Otter says, not as lawmakers say they intended
Both House Speaker Scott Bedke and Senate Majority Leader Bart Davis say they disagree with Gov. Butch Otter’s interpretation of the “in whole or in part” clause in the proposed Idaho constitutional amendment, HJR 5, but a University of Idaho law professor says the clause…
Otter urges ‘no’ vote on HJR 5
Idaho Gov. Butch Otter is urging a “no” vote on HJR 5, the constitutional amendment on the November ballot, and he’s added a new twist to the debate: Otter says a clause in the amendment that says “in whole or in part” actually would vastly expand the Legislature’s current power to review administrative rules. Betsy Russell reports.
Idaho GOP urges ‘yes’ vote on HJR 5
I got this card in the mail from the Idaho Republican Party Monday. It urges a “yes” vote on HJR 5, so we can hold “the politicians and bureaucrats accountable.” The postcard, of course, is being promoted by the politicians in the Idaho Legislature who want veto-proof power to oversee rules guiding state agencies.
Eye on Boise: Idaho court candidate tries to distance himself from trial lawyers, despite membership, campaign contributions
Idaho Supreme Court candidate Curt McKenzie is trying to distance himself from the Idaho Trial Lawyers Association, of which he was a dues-paying member for four years and which donated thousands to his Senate campaigns from 2002 to 2014.
Risch urges ‘yes’ vote on HJR 5
Idaho GOP Sen. Jim Risch has penned an opinion piece in favor of HJR 5, the constitutional amendment regarding administrative rules that’s on the November ballot; earlier today, Idaho Attorney General Lawrence Wasden sent out an opinion piece opposing the measure. “A ‘yes’ vote on…