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What is Idaho's Constitutional Amendment HJR 5?

The measure would amend the Idaho Constitution to state that a person must be a U.S. citizen in order to vote in Idaho elections.

IDAHO, USA — Idaho voters will see an amendment titled "Idaho Constitutional Amendment HJR 5" on their ballots for the 2024 General Election. 

This amendment is also called the Citizenship Requirement for Voting Amendment and is a legislatively referred constitutional amendment. 

Here's what voters should know about what the amendment proposes.

General overview

This measure would amend the Idaho Constitution to require a person to be a U.S. citizen in order to vote in Idaho elections.

Currently, Idaho law already prohibits noncitizens from voting or registering to vote in the state for any state or local elections. Idaho law defines a qualified elector as a person who is at least 18 years old, a U.S. citizen, a resident of the state and county for at least 30 days before the next preceding election and registered to vote. 

In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, including elections for the U.S. House, U.S. Senate and presidential elections. However, this does not apply to elections at the state and local levels.

What are other states doing?

Sixteen municipalities in the U.S. allowed noncitizens to vote in local elections as of December 2023. Eleven were located in Maryland, three were located in Vermont, and two were located in California.

Bans on noncitizen voting at the state level have become more frequent since 2018. Voters in six states approved ballot measures banning noncitizen voting from 2018 to 2022. 

In 2024, seven state legislatures alongside Idaho referred constitutional amendments to the ballot seeking to prohibit non-citizen voting at state and local levels. The states are Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina and Wisconsin.

Overall

A "yes" vote supports amending the Idaho Constitution to provide that only a citizen of the United States can vote in the state.

A "no" vote opposes amending the Idaho Constitution to provide that only a citizen of the United States can vote in the state.

To read the full text of the amendment, visit VoteIdaho's Initiatives and Amendments website. 

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