By Ruth Brown, Idaho Reports 

The Idaho Supreme Court heard arguments Monday with a courtroom full of more than 40 listeners, in an appeal over two voting bills the Legislature passed earlier this year. 

Advocacy group Babe Vote and the League of Women Voters of Idaho appealed a decision from Fourth District Judge Samuel Hoagland in October that dismissed their complaint about House Bills 124 and 340. 

HB 124 eliminated the use of student identification cards as a form of ID at the polls. HB 340 updated proof of residency and identity requirements, and provided a free ID card for voting purposes to anyone who does not possess a driver’s license. Legislators who supported the bills at the time of its passage argued that student ID cards are not uniform or secure, and they do not necessarily include information such as a date of birth, proof of citizenship, or home address for the voter. 

The plaintiffs argue the policy change violates the constitutional right to equal protection under the law and the right to suffrage, particularly disenfranchising students and people who don’t have a driver’s license. When Hoagland dismissed the case in district court, he noted that age is a constitutionally protected class but status as a student is not.  

Attorney Matthew Gordon of Perkins Coie, LLP, argued that the inability to register to vote impedes the fundamental right to vote. 

Justice Robyn Brody pushed Gordon on the fact that Idaho does allow people to vote at the polls by signing an affidavit if they do not have their identification with them. 

Gordon replied saying that to use an affidavit, residents must first be able to register to vote. He argued that the law disproportionately impacts students, but also older adults who no longer drive or people who are disabled or who live in group settings without transportation.  

Gordon also questioned how many people know they have the option to use an affidavit at the polls.  

“Is this case really about the right to vote? Or is it about how young people qualify to vote?” Justice Gregory Moeller asked. “Is registering the same thing as the right to vote?” 

Gordon replied, saying registering is part of voting. 

“It’s about scope of the Legislature’s authority to enact limitations on the right to vote,” Gordon said. 

Deputy Attorney General Joshua Turner argued on behalf of the Idaho Secretary of State’s Office.  

Turner argued there is always going to be some form of burden on the voter to prove who they are. 

“There’s a big difference between regulating the exercise of the right and regulating the right itself,” Turner told the court. 

Turner argued the plaintiffs were asking the court to deem this bill unconstitutional, but the Legislature has a right to regulate elections. 

“This is not infringing on the fundamental right to vote. This is instead regulating that right,” Turner said. 

The Idaho Supreme Court will issue a written decision at a later date. This is the first notable case involving new Justice Cynthia Meyer, appointed to the court to replace recently retired Justice John Stegner. 

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