EXAMINING IDAHO’S ELECTION LAWS: STRICT STANDARDS AND THE CRITICAL ROLE OF CONTEXT IN STATE ELECTION SYSTEMS

Recent attention to elections has brought a wave of new voting laws throughout the U.S., and now, to Idaho. Despite presenting no evidence of voter fraud, the Idaho Legislature eliminated student ID cards and limited the types of proof of residency documents that may be used to prove eligibility to vote. These laws together have created significant burdens on groups like voters experiencing homelessness and students, without providing effective alternatives. This Comment examines Idaho’s new voting laws and compares the overall state of Idaho’s election law to those of other states with similar restrictions. Now, Idaho has some of the strictest election laws in the United States. This Comment then analyzes the constitutionality of the new laws and the likelihood of successful challenges brought under the U.S. Constitution and Idaho Constitution. These new laws implicate the Fourteenth Amendment, the Twenty-Sixth Amendment, and several provisions under the Idaho Constitution. Courts and litigants should consider the comprehensive burden of Idaho’s election laws when evaluating constitutional claims. Finally, this Comment discusses recommendations and alternatives that could improve election integrity and conformity without undermining the rights of Idaho's most vulnerable voting groups.