Idaho

Idaho’s congressional and state legislative lines are drawn by a six-member independent commission, created in 1994.

Each of the four legislative leaders (majority and minority leader in each legislative house) each select one commissioner, and the chairs of the two largest political parties each select one commissioner, with an eye to geographic diversity. The state constitution provides that no commissioner may be an elected or appointed official in Idaho when appointed to the commission. [Idaho Const. art. III, § 2(2)] State law further prohibits those who have been registered lobbyists within the last year — or elected officials or district, county, or state party officers within the last two years — from serving as a commissioner. [Idaho Code § 72-1502] These latter limitations may be altered by the state legislature.

Members of the commission will be listed here.

The Idaho Supreme Court has original jurisdiction to hear legal challenges in state court to redistricting plans. [Idaho Const. art. III, § 2(5)]

The Idaho state constitution requires that the commission produce draft congressional and state legislative plans within 90 days from the date that the commission is formed.  There is no similar deadline for final plans, though candidates must file for congressional and state primary elections by Mar. 11, 2022. [Idaho Const. art. III, § 2(4); Idaho Code § 34-704]

Idaho law ties the drawing of congressional and state legislative lines to the Census, and might therefore be construed to prohibit redrawing lines mid-decade. [Idaho Const. art. III, § 2(2); Idaho Code § 72-1501]

Commission proceedings are open to the public and subject to the state’s Open Meetings Act; redistricting data and plans submitted by the public are all available to the public at large. The commission must hold meetings in different portions of the state. [Idaho Const. art. III, § 2(4); Idaho Code § 72-1505]

The schedule of hearings will be here.

Like all states, Idaho must comply with constitutional equal population requirements, and must abide by the Voting Rights Act and constitutional rules on race.

The Idaho constitution and state law require that state legislative districts be contiguous. [Idaho Const. art. III, § 5; Idaho Code § 72-1506] State law also requires congressional districts to be contiguous and, for both congressional and state legislative districts, state law requires the preservation of counties to the extent possible, which the state Supreme Court has interpreted to require strictly minimizing the number of counties divided by district lines.  State law also requires that districts preserve traditional neighborhoods, communities of interest, and (if possible) voting precinct boundaries; and that districts not be oddly shaped. If a district contains more than one county or portion of a county, those constituent pieces must also be connected by a state or federal highway. [Idaho Code § 72-1506; Twin Falls Cnty. v. Idaho Comm’n on Redistricting, 271 P.3d 1202 (Idaho 2012)]

Population data is the only data that the commission may use to draw district lines. Furthermore, county lines may not be divided in order to protect a political party or incumbent. [Idaho Code § 72-1506]

On November 10, 2021 the Commission for Reapportionment approved its final report creating new congressional and state legislative maps. The new districting plans became effective on Nov. 12 upon their formal submission to the Secretary of State.

Idaho’s independent commission missed a Sept. 6, 2011 deadline to draw maps; a new commission was created on Sept. 13, 2011.  [In re Constitutionality of Idaho Legislative Reapportionment Plan of 2002, No. 39127-2011 (Idaho Sept. 9, 2011)]

On Oct. 17, 2011, that new commission issued a congressional plan.

On Oct. 14, 2011, the new commission issued a state legislative plan, which was struck down by the state Supreme Court on Jan. 18, 2012, on the grounds that it paid insufficient attention to county boundaries.  The new commission was reconvened to redraw lines; partisan officials sued to force the removal of two commissioners, but the state Supreme Court affirmed the Secretary of State’s refusal to replace those sitting commissioners.  On Jan. 27, 2012, the commission unanimously approved a new state legislative plan.  [Denney v. Ysursa, No. 39570-2012 (Idaho Jan. 25, 2012); Twin Falls Cnty. v. Idaho Comm’n on Redistricting, 271 P.3d 1202 (Idaho 2012)]

Idaho’s commission adopted congressional and state legislative plans on Aug. 28, 2001.  The state legislative plan was struck down on Nov. 29, 2001, by the state Supreme Court on equal population grounds. The commission passed a second state legislative plan on Jan. 18, 2002, which was also struck down by the state Supreme Court, on Mar. 1, 2002, on equal population grounds. The commission then passed a third and final map, on Mar. 9, 2002, which was upheld by the state Supreme Court. [Bonneville County v. Ysursa, 129 P.3d 1213 (Idaho 2005); Bingham County v. Idaho Comm’n for Reapportionment, 55 P.3d 863 (Idaho 2002); Smith v. Idaho Comm’n on Redistricting, 38 P.3d 121 (Idaho 2001)]