HJR 6 - English as Official State Language (2026 Ballot Measure)

Bill Snapshot (Quick Facts)

• Bill: HJR 6

• Subject: English as the Official State Language

• What it does: This measure would place Idaho’s existing English-as-official-language law into the State Constitution

• Status:

  • The Idaho Legislature passed House Joint Resolution 6 during the 2025 Regular Session, sending the proposed constitutional amendment to the Secretary of State for placement on the ballot.

  • As a legislatively referred constitutional amendment, the resolution will appear on the ballot in the November 3, 2026 general election for voters to decide.
    

What Is This Bill Really About?

This bill is about whether Idaho should permanently lock “English as the official state language” into the state constitution, instead of leaving it as a regular law that future lawmakers could change.

A little more context:

• Idaho already uses English as its official language because of a statute (a regular law).

• HJR 6 does not change day-to-day language use right now.

• What it does do is move that rule into the Idaho Constitution, which is much harder to change.

• Once something is in the constitution, it usually requires another vote of the people to undo it.

• The bill also explicitly says that federal law still overrides it when federal language access is required.

So at its core, this measure isn’t really about changing how government operates tomorrow — it’s about making an existing policy more permanent and harder to reverse in the future.

The Liberty Questions

Who gains power if this passes?

If HJR 6 passes, the Idaho Constitution gains authority — not a specific individual, agency, or office.

More specifically:

• Future legislatures lose flexibility
  Moving the policy into the constitution prevents lawmakers from changing or repealing it through ordinary legislation.

• Voters gain long-term control
  Constitutional provisions generally require voter approval to change, shifting future decision-making power to the electorate.

• Government rules become more rigid
  Constitutional language is harder to adjust than statutory law, even if circumstances change.

• Federal authority is unchanged
  The amendment explicitly preserves federal law requirements, which continue to override state constitutional provisions when applicable.

Summary: If HJR 6 passes, power shifts away from future lawmakers and toward the constitution itself, making the policy more permanent and placing any future changes largely in the hands of voters.

Who loses power?

If HJR 6 passes, future Idaho Legislatures lose the most power.

More specifically:

• Future lawmakers lose legislative flexibility
  Once a policy is placed in the constitution, legislators can no longer amend or repeal it through normal lawmaking. Any change would generally require another constitutional amendment and a vote of the people.

• State and local agencies lose interpretive discretion
  Constitutional language sets a higher legal standard than statutes, reducing the ability of agencies to adapt policies through rulemaking or administrative guidance.

• Short-term policy responsiveness is reduced
  Constitutional rules are harder to update if practical, demographic, or administrative needs change over time.

• No loss of federal authority
  Federal law continues to override state constitutional provisions where required, so federal agencies and mandates are not affected.

Summary: If HJR 6 passes, power is taken away from future legislators and state agencies by locking an existing policy into the constitution, making it much harder to change without direct voter approval.

Does this expand or limit voter participation?

HJR 6 expands voter participation in one specific way, but limits it in another.

How It Expands Voter Participation

• Voters gain direct decision-making authority
  The measure places the decision in the hands of voters rather than lawmakers. Adoption requires a statewide vote, giving participating citizens direct control over whether the policy becomes constitutional.

• Future changes require voter involvement
  If adopted, altering or removing the provision would generally require another vote of the people, increasing voter involvement in future decisions on this issue.

How It Limits Voter Participation

• Participation depends on turnout
  Only voters who participate in the 2026 general election will decide the outcome. Non-voters have no influence on whether the constitutional change is adopted.

• Reduced flexibility without another election
  Once constitutional, the policy cannot be changed through ordinary legislative processes, limiting indirect participation through elected representatives between elections.

Summary: HJR 6 increases voter participation by requiring a public vote to adopt or change the policy, but it also limits participation to those who turn out to vote, while reducing the ability of future voters to influence the issue through their elected lawmakers alone.

Does this make government more flexible or more rigid?

HJR 6 makes government more rigid.

Why It Increases Rigidity

• Constitutional rules are harder to change
  Once a policy is placed in the state constitution, it generally cannot be modified or repealed through ordinary legislation. Changes usually require another constitutional amendment and a vote of the people.

• Future lawmakers have fewer tools
  Legislators would lose the ability to adjust this policy through normal lawmaking, even if circumstances, demographics, or administrative needs change.

• Administrative adaptability is reduced
  State and local agencies must operate within constitutional boundaries, limiting their ability to interpret or adapt policy through regulations or guidance.

What It Does Not Change

• Federal law still overrides state law
  The amendment explicitly preserves federal requirements, meaning federal language access mandates continue to apply.

• Day-to-day operations may remain largely the same
  Because English is already the official language by statute, immediate operational changes may be limited.

Summary: By moving an existing policy into the Idaho Constitution, HJR 6 reduces flexibility and increases rigidity, making future changes slower, more difficult, and dependent on voter approval rather than legislative action alone.

Can voters change this later if they don’t like it?

Yes, but it would require another constitutional amendment and a statewide vote.

How Changes Could Happen

If HJR 6 is adopted:

• The Legislature alone could not change it
  Because it would be part of the Idaho Constitution, lawmakers could not repeal or modify it through ordinary legislation.

• A new constitutional amendment would be required
  Any change would have to follow the same process:

  • Approval by two-thirds of both legislative chambers or a valid citizen-initiated constitutional amendment (if pursued),

  • Placement on a statewide ballot, and

  • Approval by a majority of voters in a general election.

What This Means in Practice

• Voters retain ultimate authority, but only during elections

• Changes are possible, but intentionally difficult

• Policy stability is prioritized over flexibility

Summary: If voters later decide they don’t want this policy in the constitution, they can change it — but only by voting on another constitutional amendment, not through ordinary lawmaking or legislative action.

Does this move power closer to the people or farther away?

HJR 6 moves power closer to the people in the long term, but farther away in the short term.

How It Moves Power Closer to the People

• Voters make the final decision
  The policy can only become part of the constitution if a majority of participating voters approve it.

• Future changes require voter approval
  Once adopted, lawmakers cannot change it on their own. Any modification would generally require another vote of the people.

• Direct democratic control is increased
  Authority over this policy shifts from elected officials to voters at the ballot box.

How It Moves Power Farther Away

• Everyday decision-making becomes less accessible
  Constitutional rules are not easily adjusted through routine legislative processes, reducing day-to-day influence through elected representatives.

• Voters can only act during elections
  Outside of election cycles, voters have limited ability to influence constitutional provisions.

• Higher barriers to change
  The amendment process is intentionally difficult, which can distance policy decisions from evolving public input.

Summary: HJR 6 shifts power toward voters by requiring public approval and future votes for change, but it also distances decision-making by locking the policy into the constitution, making adjustments slower and less responsive between elections.

How This Could Be Seen as Expanding Liberty

This measure could be seen as expanding liberty by giving voters direct and lasting control over whether a core state policy is embedded in the constitution rather than left to future lawmakers.

How This Could Be Seen as Restricting Liberty

This measure could be seen as restricting liberty by locking a policy into the constitution, making it harder for future lawmakers and voters to adapt or change it as circumstances evolve.

What This Means for Everyday Idahoans

For most Idahoans, this measure would not change daily life, since English is already the state’s official language. Its main effect would be making that policy permanent by placing it in the Idaho Constitution rather than leaving it as a regular law. Any future changes would require another vote of the people, not just action by lawmakers.