Filed Date: Feb. 19, 2019
Closed Date: June 1, 2020
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This case is about the constitutionality of Section 34-1805 of the Idaho Code which established the required number of signatures to get an initiative placed on a ballot or a referendum. To get an initiative placed on the ballot, Section 34-1805 required a person to obtain the signatures of at least 6% of eligible voters within a legislative district according to the last general election, out of 18 of Idaho's 35 legislative districts. The case was assigned to Judge David C. Nye.
On March 19, 2019, the plaintiff, a private individual, filed this suit pro se in the District of Idaho against teh Secretary of the State of Idaho. Plaintiff argued that the requirements under Section 34-1805 to get an initiative on a ballot or a referendum violated the equal protection clause of the fourteenth amendment because (1) if Plaintiff was located in a different and less populated district, his vote would have a greater impact towards the 6% percent threshold requirement than his assigned legislative district, and (ii) the requirements effectively ignored the vote of qualified voters from Plaintiff's district that supported a ballot initiative or referendum unless Plaintiff could also obtain the required percentage of signatures from 17 other districts.
On April 9, 2019, defendant filed a rule 12(b)(6) motion to dismiss Plaintiff's claim. Primarily, the defendant argued that Section 34-1805 is consistent with federal precedent concerning similar cases.
On October 29, 2019, the court entered a judgment and order in favor of the Defendant's motion to dismiss. The Court agreed with the defendant that Section 34-1805 is consistent with U.S. Supreme Court and Ninth Circuit Court precedent.
The case is now closed.
Summary Authors
Kierre Elvington (5/14/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14760383/parties/isbelle-v-denney/
Nye, David Charles (Idaho)
Isbelle, Ryan (Idaho)
Berry, Robert Arthur (Idaho)
See docket on RECAP: https://www.courtlistener.com/docket/14760383/isbelle-v-denney/
Last updated Aug. 9, 2025, 9:22 p.m.
State / Territory: Idaho
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Feb. 19, 2019
Closing Date: June 1, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A private individual that is a resident of the State of Idaho.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Secretary of State of the State of Idaho, State
Defendant Type(s):
Case Details
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: