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Idaho Reproductive Freedom and Privacy Measure (2026)
| Idaho Reproductive Freedom and Privacy Measure | |
|---|---|
 | |
| Election date November 3, 2026 | |
| Topic Abortion | |
| Status Cleared for signature gathering | |
| Type State statute | Origin Citizens |
The Idaho Reproductive Freedom and Privacy Measure may appear on the ballot in Idaho as an initiated state statute on November 3, 2026.
This measure would provide that "Every person has the right to reproductive freedom and privacy, which entails the right to make and carry out one’s own reproductive decisions, including but not limited to decisions on: pregnancy; contraception; fertility treatment; prenatal and postpartum care; childbirth; continuing one’s own pregnancy; miscarriage care; and, abortion care."[1]
Text of measure
Short ballot title
On June 16, 2025, the Idaho Supreme Court ruled that the short ballot title and the fiscal impact statement for the initiative need to be rewritten.[2] Read more about the lawsuit here. The ballot title below is the original ballot title, before any revisions.
The official short ballot title is as follows:[1]
| “ | Measure establishing a right to make and carry out reproductive decisions, including a right to abortion up to fetus viability.[3] | ” |
Long ballot title
The official long ballot title is as follows:[1]
| “ | The measure seeks to change Idaho's laws by introducing a right to reproductive freedom and privacy including a right to abortion up to the point of the fetus's ability to survive outside the womb. After fetal viability, there would be no general right to abortion except in case of a "medical emergency." The "medical emergency" exception would expand Idaho's current life exception and allow abortions when a pregnant woman faces a complicating physical condition that threatens her life or health, including "serious impairment to a bodily function" or "serious dysfunction of any bodily organ or part."
|
” |
Full text
The full text of the ballot measure is available here.
Path to the ballot
Process in Idaho
In Idaho, the number of signatures required to qualify an initiated state statute for the ballot is equal to 6 percent of the registered voters as of the state's last general election. Petitions can be circulated for up to 18 months. Idaho features a distribution requirement that signatures equal to at least 6 percent of registered voters in 18 of the state's 35 legislative districts be included in petitions. Signatures for initiatives must be submitted by May 1 of the year in which the measure is to go on the ballot.
The requirements to get an initiated state statute certified for the 2026 ballot:
Initiative petition signatures are verified by county clerks and then sent to the secretary of state for certification.
Stages of this ballot initiative
Below is a timeline of the ballot initiative:[1]
- August 15, 2024: Idahoans United for Women and Families filed the initiative petition they called the "Reproductive Freedom and Privacy Act."
- October 22, 2024: The secretary of state issued a ballot title and ballot summary for the initiative.
- January 30, 2025: Idahoans United for Women and Families sued the Office of the Secretary of State, claiming that the short title (ballot title) and long title (ballot summary) are biased and misleading.[4]
- June 16, 2025: The Idaho Supreme Court ruled that the fiscal impact statement and the short ballot title must be rewritten.[5]
- June 27, 2025: Idahoans United announced they would begin gathering signatures for the ballot initiative.[6]
Lawsuit on initiative language
| Lawsuit overview | |
| Issue: Is the ballot title misrepresentative of the initiative? | |
| Court: Idaho Supreme Court | |
| Plaintiff(s): Idahoans United for Women and Families | Defendant(s): Secretary of State Phil McGrane, Attorney General Raúl Labrador, and Administrator of Idaho Division of Financial Management Lori Wolff |
| Plaintiff argument: The ballot titles and financial analysis of the ballot initiative contained biased information and artificially inflate the potential financial impact of the initiative. | Defendant argument: Fetal viability and fetus viability are synonymous, and if they are not synonymous, the court should not declare a preference for one term. The financial analysis is correct and voters need that information to decide on whether to support the initiative. |
Source: Idaho Capital Sun
On January 30, 2025, Idahoans United for Women and Families filed a lawsuit in the Idaho Supreme Court with Cumberland County Superior Court claiming that the ballot title and long title announced by the Idaho Secretary of State Phil McGrane misrepresented the initiative and included biased language.[4] Secretary of State Phil McGrane (R), Attorney General Raúl Labrador (R), and Administrator of Idaho Division of Financial Management Lori Wolff were included as defendants in the lawsuit.
The Idaho Supreme Court heard arguments for the case on April 25, 2025.[7] In dispute in the case was the use of the term fetus viability in the ballot title. The plaintiff claimed the term is biased and not a medical term. The defendants claimed the term is synonymous with fetal viability and thus, it should not matter which term is used. Also in dispute was the financial analysis presented by the defendants. The plaintiff claimed it misrepresents the potential financial impact of the initiative, which would be nominal. The defendants claimed the financial analysis is clear and correct, and that the information is vital to voters in order to decide whether to support or oppose the initiative.
On June 16, 2025, the Idaho Supreme Court issued the ruling in the case; the court agreed with the plaintiffs and ordered that Raúl Labrador and the Idaho Division of Financial Management must revise the short ballot title and the fiscal impact statement.[2] Concerning the fiscal impact statement, Justice Colleen Zahn, who authored the opinion, said that the evidence provided by the Division of Financial Management does not "[provide] a reasonable basis for DFM’s estimated fiscal impact on the Medicaid budget.”[5] She also said that the short ballot title left out two elements of the initiative: that abortions would be permitted after fetal viability in cases of health emergencies, and that health care providers would not be liable for performing abortions.[5] However, the court did not agree that fetal viability is any different from fetus viability in the short ballot title.
Attorney General Raúl Labrador issued a statement after the ruling, "I’m pleased the court upheld the majority of our ballot title work, especially rejecting the unfounded claims of bias and acknowledged the challenging task of summarizing a 1,226-word initiative in just 20 words."[5] He also stated, "We will move swiftly to revise the short title in accordance with the Court’s guidance."[5]
Melanie Folwell, the spokesperson of Idahoans United for Women and Families, issued a statement as well. She said, "The court’s decision to direct AG Labrador and the State of Idaho to make the ballot titles and fiscal impact statement clear, concise, and fair is a win for all Idahoans who value a government that respects the will of the people, not just the power of politicians and bureaucrats."[5]
See also
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External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Idaho Secretary of State, "Reproductive Freedom and Privacy Act," accessed May 16, 2025
- ↑ 2.0 2.1 KTVB 7, "Idaho court orders changes to abortion initiative paperwork," accessed June 17, 2025
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 Idaho Capital Sun, "Group organizing Idaho abortion-rights initiative files lawsuit over ballot language," accessed May 16, 2025
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Idaho Capital Sun, "Idaho Supreme Court orders officials to revise abortion ballot initiative language, impact statement," accessed June 17, 2025
- ↑ Boise State Public Radio News, "Abortion rights ballot initiative campaign kicks off Saturday," accessed June 27, 2025
- ↑ Idaho Capital Sun, "Idaho Supreme Court hears arguments in abortion ballot initiative lawsuit," accessed May 16, 2025
