# Reclaim Idaho v. Denney **Idaho Supreme Court, Docket Nos. 48784 and 48760 (2021).** Senate Bill 1110 had amended Idaho Code § 34-1805(2) to require initiative sponsors to gather 6 percent of qualified electors in **each of all 35** legislative districts, up from 18 of 35. The court struck it down unanimously under Art. III, § 1 of the Idaho Constitution. The reasoning is the most quoted passage in the modern distribution-rule literature: a rule giving "every legislative district veto power over qualifying initiatives and referenda for the ballot" would replace a feared tyranny of the majority with an actual "tyranny of the minority." The majority treated the initiative and referendum as a fundamental right and applied strict scrutiny, finding neither a compelling interest nor narrow tailoring. It restored the prior 18-of-35 requirement and expressly declined to decide whether 18 districts is itself constitutional — a question still open. Set this beside [[Eggers v. Evnen]], decided the following year, which upheld Nebraska's thirty-eight-county requirement on the express ground that initiative ballot access is *not* a fundamental right. Stage 4 of [[How a Ballot Measure Gets on the Ballot]] draws both.