HJR 5 passes with about 55 percent of the vote

November 10, 2016 GMT

The Idaho ballot measure House Joint Resolution 5 proposed to add an amendment to the state Constitution regarding the Legislature’s right to reject agency rules, passed Tuesday with approximately 55 percent of the votes statewide.

HJR 5 will add the rejection power to the state constitution, though the Legislature already has the right to reject rules authored by state agencies.

When the Idaho Legislature passes a law, authority is delegated to a specific branch or agency to issue rules to enforce that law. The rules published by agencies are reviewed by the Legislature, which can then either approve or reject the rules. Most are approved.

The Legislature’s ability to approve or reject agency rules is an aspect of the separation of powers. The proposed amendment confirms and protects the Legislature’s practice to authorize agency rulemaking, and to accept or reject agency rules.

A similar amendment was rejected by voters by 1 percent in 2014.