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Idaho Supreme Court orders revisions to abortion ballot initiative language

Idaho Supreme Court
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IDAHO — On Monday afternoon, the Idaho Supreme Court ruled largely in favor of a local nonprofit attempting to restore abortion access in Idaho through a 2026 ballot initiative.

Idahoans United for Women and Families is trying to put the Reproductive Freedom and Privacy Act on Idaho's ballot in 2026. The initiative intends to "secure a person’s right to make their own health care decisions without government interference," by ensuring that abortions, contraception, miscarriage, and pregnancy care are all accessible in the state.

The Attorney General has the role of assigning a ballot title and fiscal impact statement to Idaho ballot measures prior to signatures being collected — the statements are meant to inform voters about what the measure would do if passed. For this particular measure, however, the assigned information was challenged by the leading nonprofit for omitting key information and including incorrect or contradictory statements.

Oral arguments took place in April. Idahoans United for Women and Families says in a court petition that the fiscal impact statement from Attorney General Raul Labrador includes confusing speculation about possible impacts, incorrectly implies that Medicaid spending would increase, and includes citations instead of explanations for several relevant concepts.

The court agreed on Monday that both the ballot title and fiscal impact statement require revision before signature gathering can proceed.

“This unanimous ruling is a significant victory for fairness and transparency in Idaho’s elections and a strong defense of our ballot initiative rights,” said Melanie Folwell, executive director for Idahoans United for Women and Families. “In their ruling, the Court recognized the importance of supplying voters with clear, accurate, and impartial information on their ballots.”

A new fiscal impact statement and ballot title must be submitted by Monday, June 23.