Rep. James Ruchti

House Bill 782 passed the body in a 44-24 vote Friday and now heads to the Senate. The bill expands the council from seven members to 11. Currently, it is composed of three non-attorneys, a district court judge, two attorneys appointed by the Idaho State Bar Association with approval from the Idaho Senate, and the chief justice of the Idaho Supreme Court, who serves as the chair. The governor selects the three non-attorney members, all of whom must also be confirmed by the Senate. Under the legislation, the governor would select 8 of the 11 members, going from roughly 40% control to over 70%. It also gives the governor the power to reject one list of nominees from the council for any judicial appointment and get a new list of names.

Republicans suspended the rules to speed up the voting process on the legislation. It went before the House Judiciary, Rules and Administration Committee Thursday and passed in a 10-7 vote after lengthy debate, which revealed strong opposition from the judicial branch. A spokesperson for the state Supreme Court said the justices were not consulted for feedback and only received the bill Wednesday — the same day Chief Justice Richard Bevan left the country on a long-planned trip. Opposition also was expressed by five former justices, who submitted a joint letter to lawmakers against the bill.

Rep. Colin Nash

Rep. James Ruchti (D-Pocatello), an attorney and former president of the Idaho Trial Lawyers Association, said if signed into law, the legislation would bring politics into the judicial selection process, jeopardize the courts’ independence and create unequal branches of government.

“This bill shifts the influence of the governor’s office heavily. The independence of the judiciary is essential,” Ruchti said. “There are some in the legislature who are angry with the Idaho Supreme Court because it has deemed many bills passed here as unconstitutional. But rather than write better legislation, they want to do a full upheaval of the judicial council so they can better control who serves on the courts. The legislature has a habit of trying to solve non-existent problems. The council has operated in its current form for over 50 years, and backers of this bill have failed to cite any real issues with the system we have now.”

Rep. Colin Nash (D-Boise), also an attorney, echoed Ruchti and called the legislation “a monumental expansion of gubernatorial authority over the judiciary, which will weaken its independence and risks the politicization of Idaho’s courts.”

Rep. James Ruchti

That money would have helped communities build and fund preschool programs in accordance with local needs and values. But Republicans were bullied by the Idaho Freedom Foundation into voting against the grant, which had been secured by our U.S. senators under the Trump administration. Because of this, Idaho remains one of four states that doesn’t offer public pre-K.

Now the IFF’s Idaho Freedom Action group has launched a smear campaign against us for voting in support of early childhood education, saying we were pushing “critical race theory” on Idaho children. What dangerous nonsense.

Investigation after investigation proves CRT isn’t being taught in our schools at any level. And yet, that false narrative continues to be pushed by the IFF and its legislative puppets in order to defund and undermine public education in Idaho, causing serious damage to our local communities, educators, and children.

This malicious lie also just distracts us from addressing the real issues impacting Idahoans, like underfunded schools and a lack of accessible child care options.

Sen. David Nelson

For many, pre-K serves as a form of day care for children while parents are at work. It also helps children develop a number of critical skills, like literacy, that better prepare them for success in kindergarten. Had we accepted the $6 million grant, it would have greatly benefitted young working families, as well as our economy by allowing parents to enter or stay in the workforce. 

But one lawmaker made it clear in his debate he had no interest in voting for a bill that made “it easier or more convenient for mothers to come out of the home.” 

Voting to accept that grant was a no-brainer, and it would have been a major investment in our most precious resource: our children. That money would have actually been the second distribution from the federal Preschool Development Grants Program. We accepted the first $6 million in 2020, and saw great success in our local communities. Both of our districts have early learning collaboratives — the Kendrick-Julietta and Pocatello-Chubbuck preschools  — that directly benefited.

If given the opportunity, we’d continue to vote in favor of it, and won’t stop fighting for quality public education at every level, particularly for our youngest learners. As elected officials, we represent the people of Idaho, not the interests of extremist groups trying to destroy our state, like the IFF. No amount of bullying or intimidation will ever change that.

Rep. Lauren Necochea

We were disappointed to see our high hopes dashed so quickly when the GOP rushed to advance House Bill 436. In doubling-down on the trickle-down approach from last year, Republicans are closing the door on important policies Idahoans want.

It is past time we prioritize working families. Every major tax bill the legislature has passed for more than a decade has prioritized profitable corporations and people at the top of the income spectrum. We must balance this out by focusing on the needs of everyday Idahoans, such as repealing the sales tax on groceries, increasing property tax assistance, and using state funds to plug the holes in school budgets that must be filled by supplemental levies paid for with property taxes. With a $600 million price tag, HB436 will gobble up dollars we need to deliver far more critical tax solutions.

Just like last year’s tax bill, the benefits of HB436 are completely lopsided. The priorities of GOP legislators are upside down when they want to send $8,000 checks to households in the top 1% and $75 to Idahoans who work for modest wages. The ongoing tax benefits follow a similar pattern. The top 1% will receive an ongoing yearly tax cut of $5,000, on average. Idahoans with modest incomes will receive little to no ongoing benefit.

We should instead be putting more dollars in the hands of working families. This is not only popular among Idahoans, it is better for our economy. Working Idahoans power our local economies when they buy groceries, get an oil change, or have their hair cut. Small businesses depend on a strong middle class to thrive.

Rep. James Ruchti

What we do not need are more tax cuts for profitable corporations. HB436 would result in the lowest corporate tax rates of this century, landing at just 6%. Yes, corporations would pay the same tax rate on their profits that regular Idahoans pay in sales tax on food, diapers, medicines, and other necessities.

Bad economics aside, this bill is troubling in another way. As we write this, we are still receiving emails from regular Idahoans asking us to oppose HB436, and instead reduce property taxes, repeal the grocery tax, and make sure schools are well funded. Neither of us has been contacted by a single constituent asking for this bill. Even in committee, every constituent who testified opposed it. Only lobbyists testified in favor.

Our political system is seriously broken when the GOP supermajority rams through a bill that voters are asking us to reject. We don’t believe the legislature has ever thrown such a hefty sum of money ($600 million) at something Idahoans clearly don’t want. Idahoans deserve better. They deserve leaders who will listen and deliver the policies they support.

We have a once in a lifetime opportunity to make the state of Idaho a place where working families can thrive and live their best lives. Let’s use the dollars available to provide meaningful tax reform to working Idahoans and improve our schools. Let’s do what Idahoans are asking us to do.

Rep. Lauren Necochea

House Bill 436 passed and now moves to the Senate. All Democrats voted against the legislation, and instead advocated more critical tax solutions, such as reducing property taxes or repealing the sales tax on groceries — both of which would bolster Idaho’s working families or local economies. The income tax cut is in large part funded by internet sales tax, a more regressive form of taxation paid disproportionately by those with lower and middle incomes, creating a reverse Robin Hood effect.

Per the legislation, someone with $1 million in annual taxable income will receive an ongoing yearly tax cut of over $5,000 on top of a nearly $8,000 one-time rebate. Idahoans with the most modest incomes will receive a rebate of about $75. 

Rep. James Ruchti said Idahoans have expressed a clear desire for property tax relief, a repeal of the grocery tax, and adequately funded schools. However, the bill — which has a one-time cost of $350 million in addition to an ongoing cost of $250 million — effectively precludes the state’s ability to eliminate the grocery tax while meeting the other stated funding objectives.

Rep. James Ruchti

“Idahoans want property tax relief, to be able to feed their families, to have well-funded schools, good paying jobs, and sustainable infrastructure. Nowhere on that list will you find people clamoring for an income tax cut,” Ruchti said. “We need to put dollars in the hands of people who need it most.”

Assistant House Democratic Leader Lauren Necochea said small businesses depend on a strong middle class to thrive, but the legislation does nothing to bolster Idaho’s working families or local economies. Instead, it would reduce the corporate income tax rate from 6.5% to 6%, leaving in place the sales tax rate people pay for food, diapers, medicines, and other needs. 

According to the Idaho State Tax Commission’s Tax Burden Study, Idaho is already below the national average for corporate taxes collected relative to state income, at 1%.

Rep. Ilana Rubel

“What we do not need are more tax cuts for profitable corporations. More than 80% of revenue cuts that benefit corporations ultimately flow out of state. That does not build a vibrant Main Street,” Necochea said. “Our political system is seriously broken when the GOP supermajority rams through a bill that voters are asking us to reject.”

House Democratic Leader Ilana Rubel said the bill highlights the legislature’s blatant disregard for the wants and needs of everyday Idahoans.

“This bill literally takes from the poor and gives to the rich at a time when the state has yet to allocate a single penny in the budget toward education, infrastructure or other vital needs. This is not how responsible government should work. Fix the schools, and the bridges and the critical problems first, then consider whether giant tax cuts that overwhelmingly benefit the wealthy and most profitable corporations make sense,” Rubel said. “I want grocery tax repeal, property tax reductions — the tax cuts that help working families meaningfully, that help fixed-income seniors, and that the people of Idaho actually want.”

Rep. Lauren Necochea

The House Revenue and Taxation Committee forwarded House Bill 436 to the full body in a party-line vote following the public hearing. Every constituent who testified spoke against the bill; only lobbyists were in favor.

Per the legislation, someone with $1 million in annual taxable income will receive an ongoing yearly tax cut of $5,000 on top of a nearly $8,000 one-time rebate. Idahoans with the most modest incomes will receive a rebate of $75. The bill also reduces the corporate income tax rate from 6.5% to 6%, matching the sales tax rate people pay for food, diapers, medicines, and other needs. 

Assistant House Democratic Leader Lauren Necochea spoke against the costly legislation in committee, and said if passed, the bill will gobble up dollars that should be used for more critical tax solutions, such as reducing property taxes or repealing the sales tax on groceries. She added that it does nothing to bolster Idaho’s working families or local economies.

“The priorities of GOP legislators are upside down when they want to send $8,000 checks to households in the top 1% and $75 to Idahoans who work for modest wages,” Necochea said. “We need more dollars in the hands of working Idahoans who power our local economies when they buy groceries, get an oil change, or have their hair cut.”

Rep. James Ruchti

Her comments were echoed by Rep. James Ruchti, who also expressed concern that once the legislature decides to commit funds toward another income tax cut, there would be no money available to address the real needs of Idahoans.

Both said they haven’t been contacted by a single constituent asking for income tax cuts, but many have asked for repealing the grocery tax, meaningful property tax relief, well-funded schools, and sustainable infrastructure.

“It’s clear; this is not the tax bill Idahoans want. Idahoans are very clear that they want property tax solutions and a repeal of the sales tax on groceries. No one is asking for income tax or corporate tax cuts,” Ruchti said. “This year, we have the opportunity to be creative and really invest in our working families. This proposal only leaves them further behind.”

According to the Idaho State Tax Commission’s Tax Burden Study, Idaho ranks 18th for corporate taxes collected relative to state income, at 1% below the national average.

The proposed one-time tax rebate increases with income level, so the higher one’s income is, the more money they will receive. The ongoing revenue cuts also direct the largest benefits to the top of the income spectrum. Someone with $1,000,000 in annual taxable income will receive an ongoing yearly tax cut of $5,000 on top of a nearly $8,000 one-time rebate. Idahoans with the most modest incomes will receive a rebate of $75.

“This costly legislation will take other opportunities off the table such as reducing property taxes or repealing the grocery tax. Every major tax bill in Idaho for at least the last decade has prioritized profitable corporations and the wealthy,” Rep. Lauren Necochea said. “We have an opportunity this year to prioritize working Idahoans and bolster our middle class. I’m extremely disappointed to see that squandered with more of the trickle-down approach.”

“In my district, I simply don’t hear my constituents complaining about their income taxes being too high. But I do hear frequent complaints about property taxes being too high. That is the problem my constituents want fixed,” Rep. James Ruchti added.

I’ve been asked that question often since leaving the Capitol in May.

Prior to arriving in Boise in January, I was told to expect a vastly different environment than what I had experienced during my previous two terms in the legislature from 2006-2010. They were right.

Now, 11 years later, Idaho’s majority party is almost unrecognizable. It’s influenced by extreme-right organizations bullying their way into Idaho politics: anti-government, Oath Keepers, Three Percenters, Bundyites, and sympathizers to all of these groups.

One organization is particularly dangerous. It has more sheer influence over the majority party, vote after vote, than any grassroots organization, special interest group, lobbying effort, or think tank: the Idaho Freedom Foundation (“IFF”).

IFF and its Freedom Caucus — made up of nearly a quarter to a third of the House — work in tandem to pressure Republicans who would otherwise vote according to their values, life experiences, and constituents’ needs. IFF rates bills throughout the session and ranks legislators accordingly. Those with top rankings receive IFF’s high praise.

Those who fail to show loyalty are attacked viciously through social media, newsletters, and in the press by IFF and its disciples — some of the state’s angriest and most aggressive residents — during the session and primary elections. IFF is often the only voice filling the space on important bills, and there are increasingly fewer Republican legislators willing to buck this unofficial system.

We surrendered a $6 million federal grant for our struggling child care providers at a critical juncture when working parents are trying to earn a living and raise their kids. They needed the help being offered, and the legislature took it away because IFF told them to do it.

And because IFF spread false and pernicious lies about the existence of critical race theory, we struggled to pass even basic budgets for our universities, all while Idaho is experiencing unprecedented budget surpluses.

IFF’s system means the most extreme bills get hearings, traction, and passed. Some die in the Senate. But the reality is as the volume of crazy bills the House passes increases, the number of those signed into law also increases.

My experience and observations tell me this: Idaho is in trouble unless we chart a different path.

The utopia IFF seeks to create guarantees Idaho’s largest employers will choose to relocate to other states. Our children and grandchildren — our best and brightest — will become our biggest export. What will be left? People who are intolerant of anyone different. People who ignore data, facts, and science. People who are extremists, and yes, even racists. That is an Idaho we cannot accept.

Until recently, at least, Idaho had been a destination for young professionals seeking fair wages and challenging careers, young families who enjoy the lifestyle provided by our access to public lands, and retirees wanting a sense of community and belonging. When I think of that progress, I see hope for the future. But we’re at a turning point.

If we ignore this crossroads, our democratic institutions will be damaged beyond repair. Imagine if an IFF loyalist gets elected governor, or if the next speaker shows IFF fealty. He or she will appoint committee chairs loyal to IFF, and IFF legislation will be given priority.

We all must remain vigilant, get involved, and support candidates — Republican, Democrat, Independent — who reflect real Idaho values.

This will end, but when? Will it collapse under its own weight in 10-15 years after Idaho is unrecognizable, or do we end it in the next two years, while the state we love still exists?

It’s up to us.

First, we saw House Bill 88, the “ballot harvesting” bill, which created a misdemeanor charge for collecting and delivering any ballot beyond your own and one family member’s. That bill was amended to allow 6 ballots to be delivered and was then passed on the House Floor.

Rep. James Ruchti

Senate Bill 1110 makes it nearly impossible for an average Idahoan to create a voter initiative, requiring signatures from 6% of registered voters in all 35 districts in Idaho for approval. Current law requires signatures from 6% of registered voters in 18 districts, a high and difficult standard established by the Legislature only in the last several years. Why is the Legislature doing this, you might ask. It is because voters successfully passed Medicaid Expansion, and they fear the voters may successfully approve other initiatives in the future.

After targeting voters’ rights, they went a step further, targeting the Idahoans who need our support most—working families. Following a nearly 2-hour long debate on the House Floor over House Bill 226, the legislature chose to reject nearly $6 million of federal funding for early childhood learning.

This shocking vote came after a smear campaign against the Idaho Association for the Education of Young Children, the organization set to manage the funds. The bill’s detractors sought to defeat it by throwing as much mud as they could, ensuring it was too stained to pass.

The debate included an inappropriate discussion of the harms of social justice education, with many legislators voicing their unfounded fears that Idaho children would be taught about issues of  race and privilege. To be clear, I believe these are valuable and necessary lessons children should be taught, but the allegations were unsupported by facts. The floor debate then devolved even lower as several legislators argued early childhood learning programs encourage mothers to neglect their domestic duties.

This legislation would have allowed local communities to tailor the way the funds were used. It was even approved by the Trump administration and supported by our two U.S. Senators. The legislation was presented again this week, and we hope it’ll have better results this time.

Why would the party of independence and limited government work so hard to strip control away from local governments, voters, and working families. The answer is simple: power and fear. They want the power to reshape Idaho, and they fear those who would stand in the way of their vision.

So, what does their new Idaho look like? It is one where ideas of social justice are held in disdain. It is one where only those who are “pure” enough serve in elected office. It is one where K-12 schools and universities must conform their curriculum to far right viewpoints. It is one where businesses struggle to recruit talented workers and where Idaho’s biggest export is our children and grandchildren.

Working Idahoans want affordable childcare, good paying jobs, accessible voting, and a welcoming business climate. They want representatives who actually represent their values. We can change the unfortunate path our state finds itself following, but only with hard work, focus and a willingness to fight for a better Idaho. The work to reflect the will of the people begins now.

Rep. James Ruchti

Rep. Mike Moyle, R-Star, proposed to replace the revenue lost to local governments with General Fund dollars, but at a fixed level that will not adjust to the future cost of providing services. That future cost will shift to other property taxpayers.

Legislation in 2013 created an exemption for a business’s first $100,000 of business equipment. That resulted in about 90% of Idaho businesses no longer paying the tax.

“Why would we create another property tax break for the largest corporations while working Idahoans are struggling with rising property tax bills? We should be focusing on the solutions that help Idahoans: raising the homeowner’s exemption and increasing property tax assistance for seniors on fixed incomes,” Rep. James Ruchti, D-Pocatello, said.

Rep. Lauren Necochea

“The share of the tax load that homeowners pay is already growing with every passing year,” said Rep. Lauren Necochea, D-Boise, who sits on the House Taxation and Revenue Committee with Ruchti. “Over time, this bill will create an additional shift onto homeowners. It is unsustainable and it’s not fair to the people of Idaho.”

Democrats on both sides of the Rotunda have proposed multiple solutions to return balance and fairness to Idaho’s property tax system. In the Senate, Sen. Ali Rabe, D-Boise, said one of these proposals included “bringing back the circuit breaker this year.” 

“Instead of providing relief to residents, the majority’s focus has been on cutting local government budgets and providing relief to special interests rather than people who need it,” Rabe said. 

“We were able to pass an expansion of the circuit breaker in the Senate last session, in a bipartisan effort with Sen. Anthon and Sen. Lent,” added Sen. Burgoyne, D-Boise, who worked on the effort to expand the circuit breaker last year. “This year, that has, unfortunately, not been a part of the conversation. There isn’t a lot of listening going on.”

We cannot overlook, however, the deep scars the last four years — and most notably recent months — have left on our democracy. The nation’s steady diet of false information and vitriol was the foundation upon which conspiracy theories and lies about the election results were built. The harmful misinformation surrounding the election encouraged insurrection and violence at the U.S. Capitol, and for the first time in my life, I felt real fear for the future of our democracy. Of course, this is not the only time our country has dealt with violent insurrectionists.

Rep. James Ruchti

In August 1863, President Abraham Lincoln wrote in the middle of the Civil War to his old friend James Conkling during a time when national unity was at an all-time low. In the letter, he acknowledged the anger and frustration dividing the country. But, even then, he was able to find hope, writing, “Peace does not appear so distant as it did. I hope it will come soon, and come to stay; and so come as to be worth the keeping in all future time. It will then have been proved that, among free men, there can be no successful appeal from the ballot to the bullet; and that they who take such appeal are sure to lose their case, and pay the cost.”

Lincoln used this imagery on numerous occasions to remind the nation a strong democracy would withstand violent attempts to take over the government. His clarion call is a needed reminder today.

In a democracy, the loudest and angriest among us cannot be allowed to have outsized influence. Otherwise, they will use such behavior to intimidate elected officials, monopolize the attention of policymakers, thwart fair elections, and dispute election results.

While not rising to the level of what happened at the U.S. Capitol, Idaho is seeing similar behavior in the Legislature, as well as city council, school district and public health board meetings. The people have a constitutional right to petition their government, and it is necessary for a democracy to function, but there is a Rubicon that cannot be crossed.

When elected officials make decisions from a place of intimidation, they no longer look to data, facts, and science to find solutions. Instead, legislators and other policymakers listen to the few loud and angry voices. The result is short-sighted, ineffective and even dangerous legislation and policy.

A prime example of this is the misguided legislation to end Gov. Brad Little’s emergency declaration, which gives Idaho access to over $20 million in federal funds to support our first responders, National Guardsmen, hospitals and businesses. These funds also help us manage the pandemic and will provide much-needed money to distribute vaccines. Legislators who are advocating for the end of the emergency declaration fail to explain this to their constituents.

To my fellow legislators, whether they are making their voices heard or not, your constituents are depending on you to represent their interests. The legislation to end the emergency declaration is nothing less than irresponsible and dangerous to the future of our great state. To our constituents, do whatever you can to make your voices heard; what you have to say matters.