BABE VOTE v. McGrane

The League of Women Voters of Idaho (LWV Idaho) and BABE VOTE filed a lawsuit against HB 124, which banned the use of student ID as identification when voting. Prior to the passage of this bill, Idaho voters were allowed to use passports, drivers’ licenses, tribal ID, student ID or a concealed weapons license to prove their identity when voting. HB 124 removed student IDs from the list of acceptable identification.  

On March 16, 2023, LWV Idaho and BABE VOTE filed their complaint in the district court of the Fourth Judicial District in Ada County, Idaho, asserting HB 124 violated the Idaho constitution’s provisions guaranteeing equal protection under the law and the fundamental right to vote. The plaintiffs argued the ban on student ID was illegal age discrimination that violated the state constitution’s equal protection clause, as voters using student ID are often young Idahoans, who would be disproportionately burdened by the new law. The complaint also stated HB 124 violated the fundamental right to vote under state law, as there was no known instance of voter fraud based upon the use of student ID, meaning there was no valid purpose for imposing such a burden upon young voters. In testimony before the Idaho state legislature, the Secretary of State stated that he was unaware of any fraud related to the use of student ID.

The League is represented in this matter by Perkins Coie LLP.