Cenarrussa

Idaho permits direct legislation through ballot initiatives. In order to appear on the ballot, an initiative must meet several conditions; one is that signatures in support of the initiative must be collected

from six percent of the qualified voters in each of at least half of the state’s counties. Because Idaho’s counties vary widely in population, this geographic distribution requirement favors residents of sparsely populated areas over residents of more densely populated areas in their respective efforts to participate in the process of qualifying initiatives for the ballot. The district court held that this unequal treatment violates the Equal Protection Clause of the Fourteenth Amendment. We affirm.

Background

The Idaho Constitution allows citizens to make laws directly through initiatives placed on election ballots. 1 The Idaho Legislature has enacted enabling legislation that defines Idaho’s procedures for conducting initiative and referendum elections.

Plaintiff Idaho Coalition United for Bears is an organization that seeks to advance its supporters’ goals through the initiative process. Plaintiffs also include the Initiative and Referendum Institute, a…