Supreme Court halts Reclaim Idaho’s K-12 petition drive

(UPDATED, July 31, at 9 a.m. with more details about the ruling and a statement from Reclaim Idaho co-founder Luke Mayville.)  

The U.S. Supreme Court has put a halt to the Reclaim Idaho K-12 initiative drive.

Thursday’s ruling represents a legal victory for Gov. Brad Little and Secretary of State Lawerence Denney, who requested a stay of a lower court ruling allowing Reclaim Idaho to gather online signatures for its “Invest in Idaho” initiative.

The Supreme Court’s ruling remains in place “pending” the 9th U.S. Circuit Court of Appeals decision on the Reclaim Idaho lawsuit on Aug. 13 and “timely” filing of a request for a second Supreme Court review of the case.

“I am pleased that the Supreme Court upheld Idaho’s sovereignty over its election and initiative processes,” Little said in a statement Thursday. “It is important that initiatives follow the laws set by the Idaho Legislature so we can ensure those initiatives that get on the ballot are legitimate and have significant support throughout Idaho.”

Thursday’s decision comes after two federal courts gave Reclaim Idaho the green light to gather signatures online. Reclaim Idaho’s initiative would generate $170 million to $200 million per year, by increasing corporate taxes and income taxes for Idahoans making more than $250,000 or couples making more than $500,000 annually. The money would go into a dedicated fund for K-12.

The ruling deals a heavy blow to that effort. Reclaim Idaho co-founder Luke Mayville called the Supreme Court’s ruling “disheartening” and an effort “to clamp down on a grassroots campaign with thousands of supporters.”

“We are shocked that the Supreme Court has taken extraordinary action to intervene in the normal judicial procedure,” Mayville said, adding that “the people who have poured their energy into this campaign only want to see our kids get a better opportunity to succeed in life.”

Mayville added that his group will keep working for “adequately funded schools.”

Thursday’s ruling marks the latest in a courtroom battle that has reached three levels of the federal judiciary:

  • June 23: U.S. District Judge B. Lynn Winmill said Little and Denney violated Reclaim Idaho’s First Amendment rights by not accommodating the group’s request to continue signature gathering during the coronavirus outbreak. The group suspended in-person signature gathering in March.
  • July 9: A Circuit Court panel upheld Winmill’s order, granting Reclaim Idaho 48 days to gather electronically the 30,000 signatures needed to get its initiative on the November ballot. That ruling gave Reclaim Idaho an Aug. 26 deadline to qualify for the ballot.
  • July 14: The state asked the Supreme Court to put electronic signature gathering on hold.

Idaho Education News reporter Kevin Richert contributed to this report. 

Devin Bodkin

About Devin Bodkin

Reporter Devin Bodkin covers education issues in East Idaho. He is a former high school English teacher who specializes in stories about charter schools and educating students who live in poverty. He is a 2019 Solutions Journalism Network fellow and the Idaho Press Club's 2019 print reporter of the year. Follow Devin on Twitter @dsbodkin. He can be reached by email at [email protected].

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