75 Percent of NFIB Members Support Passage of HJR 5

HJR 5 on the November ballot was back in the news recently when Gov. Butch Otter announced his opposition shortly before Election Day. 

While NFIB can certainly understand his concern over some loss of executive-branch power, its Idaho members are in no quandary about it—75 percent of them want HJR 5 to pass, according to results from a special ballot sent to the membership.

Former Governor and current U.S. Senator Jim Risch supports a ‘Yes’ vote on HJR 5, too. In an editorial for the Idaho Statesman, he points out, “The whole purpose of democracy is for everyone to have a say in rules, regulations and what goes on in their state. Every year a review occurs of state government rules that are overreaching and too burdensome. A key part of the review each year is listening to citizens who are best qualified to tell us whether or not the rules will work in real-life situations. A yes vote on HJR 5 ensures that in the future, the Legislature’s current authority to approve or reject agency rules will not be taken away by an activist court, as has happened in other states and at the federal level.

“Agencies are unelected government officials that often do not understand the impact of their rules and regulations on Idaho families, farmers, ranchers and small businesses.  Voting ‘Yes’ on HJR 5 prevents state agencies from implementing overreaching and burdensome rules that negatively impact your livelihood, your leisure, and your way of life. Voting ‘Yes’ on HJR 5 encourages better communication and cooperation within our branches of state government.”

Wayne Hoffman of the Idaho Freedom Foundation, in a story for The Wall Street Journal, giving our state a little national exposure, points to some of those regulations that the Idaho Legislature overruled, but for how long, he wonders, can it have the power to do so?

“The trick is that there’s nothing in the state constitution that specifically gives the legislature this power to review new regulations. Though the process is routine by this point, it hangs by the thread of a divided 1990 ruling of the state Supreme Court, which held 3-2 that lawmakers have the authority to veto executive branch proposals. Lawmakers worry that at any time the precedent could be flipped.

Idaho voters may fix that on Nov. 8. This year’s ballot includes a constitutional amendment that would enshrine lawmakers’ right to review regulations and second-guess agencies that misinterpret duly enacted statutes. A similar proposal on the 2014 ballot was defeated by only 1% of the vote. But that year, backers of the idea took public support for granted. They didn’t mount a campaign on its behalf, and the amendment received little media attention. This time, lawmakers are actively trying to win at the ballot box.”

NFIB/Idaho members support passage of HJR 5. When asked two questions on a special sent to them, they made their choices unmistakably clear.

More arguments for its passage and the wide-variety of Idaho leaders supporting it can be found on the Yes on HJR 5 website. Also, check out NFIB’s Save America’s Free Enterprise (SAFE) Trust endorsements for Congress and the Idaho Legislature.