Idaho General Election · November 3, 2026
HJR 6: English as the Official Language
Constitutional amendment referred by the Legislature
Details on HJR 6
Idahoans vote on House Joint Resolution 6 (HJR 6) on November 3, 2026. It asks whether to add a new Section 8 to Article X of the Idaho Constitution making English the official language of the state. Votes, current-law descriptions and spending figures on this page are as of October 3, 2026. Each side is quoted in its own words, and each claim is checked against statutes, the Legislature's records, federal law and the measure's text.
What HJR 6 asks
This is the question printed on page 5 of the 2026 Idaho Voter Pamphlet, the same question the Legislature wrote into section 2 of HJR 6:
"Shall Article X of the Constitution of the State of Idaho be amended by the addition of a new Section 8, to provide that the English language shall be the official language for the state of Idaho, and to further provide that, except as required by federal law, English shall be used in all public proceedings, public documents, public instruction, and any other public acts of any public institution in the state of Idaho?"
- Yes: "A YES vote would designate English the official state language of Idaho."
- No: "A NO vote would make no change to Idaho's Constitution, which currently does not designate an official state language."
The pamphlet also prints the Legislative Council's "Statement of Meaning, Purpose, and Result to Be Accomplished," which Idaho Code 67-453(1)(a) says is to be printed on the official ballot:
"This proposed constitutional amendment would designate English as the official state language. All official speeches, meetings, and other proceedings of state and local governments, such as city council meetings and jury trials, would be conducted in English, and instruction in public schools would be provided in English. All documents of state and local government entities would be published in English. However, the amendment would allow languages other than English to be used when required by federal law."
Who wrote the pamphlet statements. The Legislative Council, "a committee made up of party leadership from both the house and senate" (CBS2 Boise), prepares the statement of meaning and the arguments for and against. Under Idaho Code 67-453(1)(b) it may use outside suggestions, but "no recognition shall be given to the persons or groups which submitted the argument." This page quotes the pamphlet's For and Against statements as the Legislative Council's, not any group's. The same CBS2 Boise report says that on June 4, 2026 the Council changed all but one "would" in them to "could," by voice vote.
The text of the amendment
"Section 8. ENGLISH THE OFFICIAL STATE LANGUAGE. The English language shall be the official language for the state of Idaho. Except as required by federal law, English shall be used in all public proceedings, public documents, public instruction, and any other public acts of any public institution in the state of Idaho."
The text is two sentences. It does not define "public proceedings," "public documents," "public instruction" or "public institution," and its only exception is for what federal law requires.
How the amendment's reach is described
The text does not say whether "English shall be used in" means English only or English alongside other languages. The Legislative Council's statement above says proceedings and school instruction "would be conducted" and "would be provided" in English. The Senate State Affairs Committee minutes of March 21, 2025 summarize the discussion this way: "Senator Shippy clarified that other languages were not excluded from being used alongside English. Senator Lenney affirmed such." Asked on the House floor on March 13, 2025 whether the amendment would affect dual language immersion classes, Rep. Dale Hawkins answered, "I don't see where this would interfere with that" (Idaho EdNews). HJR 6 is not part of the Constitution unless voters approve it, so no court has applied its words to any school, courtroom, agency or website.
Current law: Idaho's English statute
Idaho already has Idaho Code 73-121. Its first two subsections read: "English is hereby declared to be the official language of the state of Idaho" and "Except as provided in this section, the English language is the sole language of the government."
- 1986. The section began in Senate Bill 1465 (chapter 282, approved April 3, 1986), which only required filed documents to be in English or carry "a certified translation in English"; it did not declare an official language.
- 2007. Senate Bill 1172 (effective July 1, 2007) declared English the official language and added the "sole language of the government" rule, seven exceptions, a rule that sends state money set aside for non-English printing or translation back to the general fund, State Board of Education rules for schools and a First Amendment clause. The Senate passed it 20-15 and the House 46-20-4. Its statement of purpose said its purpose "is to have an official language become our common language."
| Item | Idaho Code 73-121 (statute) | HJR 6 (proposed Constitution section) |
|---|---|---|
| Wording | English is "the sole language of the government"; filings and "transactions, proceedings, meetings or publications" of the state and of "any county, city or other political subdivision" | "English shall be used in all public proceedings, public documents, public instruction, and any other public acts of any public institution"; "sole" and "only" do not appear |
| Exceptions | Seven: constitutional or federal law; "law enforcement or public health and safety needs"; public schools under State Board rules; public colleges; tourism and economic development; non-English terms within English communication; libraries | One: "except as required by federal law" |
| Private businesses and individuals | Subsection (7) preserves their First Amendment and Idaho Constitution rights | Not mentioned |
| How it can be changed | By an ordinary bill | Only by another amendment: two-thirds of each house, then a majority of voters (Article XX, section 1) |
Current law: federal language-access rules
HJR 6's one exception covers what federal law "requires." These federal provisions require or protect other languages in some settings. It is a sample, not a list of every requirement.
- Voting. Section 203 of the Voting Rights Act (52 U.S.C. 10503) covers counties with large language-minority populations: it requires covered jurisdictions that provide voting materials to provide them "in the language of the applicable minority group as well as in the English language." The Census Bureau's December 8, 2021 determinations list five Idaho counties: Clark County (Hispanic) and Clearwater, Idaho, Lewis and Nez Perce Counties (the Census Bureau's category is "All other American Indian tribes").
- Schools. In Lau v. Nichols (1974) the Supreme Court ruled under Title VI of the Civil Rights Act that "students who do not understand English are effectively foreclosed from any meaningful education" when given only the same facilities, books and teachers. The Equal Educational Opportunities Act (20 U.S.C. 1703(f)) also addresses "language barriers." The July 14, 2025 Attorney General memorandum (below) says the Supreme Court has since rejected Lau's reading of Title VI; the Equal Educational Opportunities Act is a separate statute.
- Medicaid and Native languages. A federal rule says a state running Medicaid managed care must "Make oral interpretation available in all languages" (42 C.F.R. 438.10(d)). Another federal law says the right to use Native American languages "shall not be restricted in any public proceeding" (25 U.S.C. 2904).
The federal government's position is changing. Executive Order 14224 (March 1, 2025) declared English the official language of the United States and revoked the 2000 order on services for people with limited English proficiency, adding that "nothing in this order, however, requires or directs any change in the services provided by any agency." The Attorney General's July 14, 2025 memorandum says the Department "will no longer rely on the Title VI disparate impact regulations" (federal rules that count unintended discrimination in effect). A Homeland Security July 14, 2026 notice rescinded its Title VI language guidance and still said "language assistance services may be required under certain circumstances." None is a court ruling.
State law that is not federal law. Idaho's court interpreter statute, Idaho Code 9-205, says that when a witness or party in a court case "does not understand or speak the English language," the court "shall appoint a qualified interpreter" (text). HJR 6 has no exception for state law, and no court has applied it to court interpreting.
What it costs
The only fiscal document is the revised fiscal note (March 17, 2025): "There is an estimated cost of up to $300,000 for the Secretary of State to publish proposed constitutional amendments and arguments in a voter's pamphlet as required by law. The costs will occur anyway if any other amendments or ballot initiatives qualify for the November 2026 general election ballot." Its disclaimer says it was "prepared by a proponent of the bill," and it estimates no cost or saving for translation or interpretation. The same pamphlet carries HJR 4 (page 4) and Proposition 1 (pages 6 to 13). The Senate State Affairs Committee minutes of March 21, 2025 summarize Rep. Hawkins as explaining that "the dollar amount would be divided between each printed resolution put on the ballot, thus reducing the individual cost per printed resolution."
How it got on the ballot
HJR 6 came from the House Ways and Means Committee. Rep. Hawkins and Sen. Lenney were its floor sponsors, and the fiscal note lists Reps. Hawkins, Kyle Harris and Mike Moyle and Sen. Brian Lenney as contacts. The Legislature's bill page lists every member's vote, and the final House Journal and Senate Journal record the counts below.
- March 7, 2025. Introduced in the House after leaders petitioned to waive the 36th-day deadline for introducing constitutional amendments (Joint Rule 20; House Journal).
- March 12 and 21. House State Affairs and Senate State Affairs each sent it to the floor by voice vote, with two no votes recorded in the House committee. The minutes of both hearings (House; the Senate minutes are linked above) list no testimony.
- March 13. The House adopted it 59-8-3 (59 yes, 8 no, 3 absent).
- March 25. The Senate adopted it 30-5-0. More than two-thirds of each house voted yes, as Article XX requires. The enrolled resolution reached the Secretary of State on March 26.
Support for HJR 6
Who is making the case for it
ProEnglish, a national group that advocates for official English at every level of government, wrote on July 1, 2026 that it "stands in full support of this constitutional amendment" (ProEnglish). The pamphlet's statements for the amendment are the Legislative Council's.
The case supporters make, in their words
Lenney was quoted by the Idaho Capital Sun on March 25, 2025: "This is a resolution that essentially says that language matters," and "It speaks to who we are as a nation. It binds us together as a people" (Idaho Capital Sun). The Senate State Affairs Committee's minutes of March 21, 2025 summarize Lenney's presentation: "The goal was to unite the State culturally under one language." Sen. James Ruchti, a Democrat, told the Sun in an interview that the resolution "was just acknowledging what I believe is already taking place, which is English is the primary language we use here." The pamphlet's statements for the amendment are boxed below.
Fact check: claims by supporters
These are the three claims supporters make most prominently, from the pamphlet's statements for the amendment, legislators and ProEnglish. Verdicts are ACCURATE, ACCURATE BUT INCOMPLETE, MISLEADING AS WORDED, NOT SUPPORTED BY THE RECORD, INACCURATE and DISPUTED, which means the answer depends on a legal interpretation no court has given. NOT SUPPORTED BY THE RECORD means the sources checked do not back the claim; it is not a finding that the claim is false. Predictions that say "could" get the same standard on both sides.
Claim 1: The amendment could encourage English learning and promote unity
Legislative Council, pamphlet statements for the amendment (page 5): "The amendment could encourage non-English speakers to learn English to be able to better participate in public life. This could promote unity and create a stronger sense of community and shared identity." And: "The amendment could promote social cohesion without endangering anyone."
Verdict: NOT SUPPORTED BY THE RECORD as a prediction. HJR 6 is not in force, so there is no experience under it, and its text creates no English-learning program.
The record.
- The text. HJR 6 contains no English-instruction program, funding or requirement (text).
- Existing law. Idaho Code 73-121(6) already says non-English speakers "should become able to read, write and understand English as quickly as possible" and that English as a second language programs "should be initiated, continued and expanded."
What the claim leaves out: that on "without endangering anyone," the statute has an exception for "law enforcement or public health and safety needs" (73-121(4)(b)) and HJR 6's text has none. HJR 6 is not in force, so no court has ruled on how the amendment would apply to health and safety communications.
Claim 2: The amendment could save money on communications in other languages
Legislative Council, pamphlet statements for the amendment (page 5): "The amendment could promote cost-efficient government by limiting the resources spent on communications in languages other than English."
ProEnglish, July 1, 2026: "Official English policies also save money at both the state and federal level for costly translation services and multilingual initiatives. A recent analysis shows cutting just one such program in the FY 2027 federal budget would save taxpayers $890 million."
Verdict: NOT SUPPORTED BY THE RECORD as to savings in Idaho. ACCURATE BUT INCOMPLETE as to the $890 million, which is a federal budget proposal and not an Idaho number.
The record.
- Idaho figures. The fiscal note estimates only the pamphlet's printing cost and nothing for translation, interpretation or savings (fiscal note).
- Existing law. Idaho Code 73-121(5) already directs state agencies to return money set aside for non-English printing, translation or services to the general fund unless an exception applies.
- The $890 million. ProEnglish's linked June 16, 2026 article attributes it to a Center for Renewing America analysis, which says the president's budget "saves $890 million by eliminating" the federal "English Language Acquisition program." HJR 6 does not change federal spending.
What the claim leaves out: that Idaho law already sends state money set aside for non-English printing or translation back to the general fund; that federally required services would continue; and that the $890 million is a federal program cut proposal that HJR 6 would not change.
Claim 3: Language assistance for critical services continues under federal law, and other languages are not excluded
Legislative Council, pamphlet statements for the amendment (page 5): "Non-English speakers would still have language assistance for critical government services, because that is required by federal law."
Verdict: ACCURATE BUT INCOMPLETE as to federally required assistance. DISPUTED as to whether other languages could be used alongside English in public proceedings and instruction.
The record.
- Federal law requires some assistance (see the federal section above), though federal guidance on language access is being withdrawn or narrowed.
- Two readings. The two descriptions are set out under "How the amendment's reach is described" above; no court has ruled.
- The exception. HJR 6 excepts only what federal law "requires." The statute's other exceptions (73-121(4)(b) through (g)) and the court interpreter statute described above are not federal law, and the amendment's text does not carry them over.
What the claim leaves out: that federal rules apply program by program; that four of the five counties covered by section 203 are covered for American Indian languages, and section 203 requires only oral assistance where an American Indian language is historically unwritten; and that assistance Idaho agencies provide voluntarily or under state law is not "required by federal law."
Spending reported for HJR 6
As of October 3, 2026, the Secretary of State's Sunshine system shows two independent expenditure reports naming HJR 6, both marked "Support": $313.48 by the Ada County Republican Central Committee (one share of a $5,015.68 payment to Cre8 Studios LLC on August 31, 2026, split equally across 16 candidates and measures; filed September 11) and $484.00 by the Blaine County Republican Central Committee for newspaper advertising (September 23; filed September 24). That is $797.48 in all, and none is marked "Oppose."
Opposition to HJR 6
Who is making the case against it
Eight House votes and five Senate votes were no (see the vote record above). The pamphlet's statement against the amendment is the Legislative Council's. On the record against it are Rep. Steve Berch (D-Boise), who spoke against it on the House floor on March 13, 2025; Senate Minority Leader Melissa Wintrow (D-Boise), whom the Idaho Capital Sun quoted against it on March 25, 2025; and Karole Honas, a retired television anchor, who wrote against it in the Idaho State Journal on September 28, 2026.
The case opponents make, in their words
Berch said on the House floor, "This is absolutely and completely unnecessary," and, in Idaho EdNews's words, argued that it "could cause public agencies to drop websites in multiple languages" (Idaho EdNews, March 13, 2025). Honas wrote: "I've never run into one single situation where another language was my only option." The pamphlet's statement against the amendment and Wintrow's remarks are boxed below.
Fact check: claims by opponents
These are the three claims opponents make most prominently, from the pamphlet's statement against the amendment and legislators' remarks, checked on the same scale and standard.
Claim 1: Idaho law already makes English official, so the amendment is unnecessary and costs money
Legislative Council, pamphlet statement against the amendment (page 5): "The amendment is unnecessary because state law already makes English the official state language. The existing law is better than the amendment because the existing law is much more detailed."
Sen. Melissa Wintrow, quoted by the Idaho Capital Sun, March 25, 2025: "It's pretty clear that English is our official language, and now we're going to spend $300,000 to put it on the ballot - when we are struggling to pay the bills."
Verdict: ACCURATE that a state statute declares English the official language and is more detailed than the amendment. ACCURATE BUT INCOMPLETE as to the $300,000.
The record.
- The statute. Idaho Code 73-121(1): "English is hereby declared to be the official language of the state of Idaho." That declaration dates from 2007, not 1986.
- The sponsor's view. Hawkins said the amendment would align with the 2007 state law and with the March 2025 federal executive order (Idaho EdNews, paraphrase).
- The $300,000. The fiscal note covers the pamphlet's constitutional amendments and arguments (see "What it costs" above).
What the claim leaves out: that whether the amendment is "necessary" or the statute "better" is a judgment, not a fact; that a statute can be changed by an ordinary bill and a constitutional provision cannot; that the $300,000 is a ceiling for the whole pamphlet's amendments, stated in a note a sponsor wrote; and that the fiscal note says that cost "will occur anyway" if other amendments or initiatives qualify.
Claim 2: The amendment could affect public schools, courts and agency websites
Legislative Council, pamphlet statement against the amendment (page 5): "For example, the law allows public schools to teach foreign languages to interested students. The amendment, by requiring that all public instruction be conducted in English, might not allow this."
Idaho EdNews, March 13, 2025 (reporter's paraphrase of Rep. Berch): the amendment "could cause public agencies to drop websites in multiple languages."
Idaho Capital Sun, March 25, 2025 (reporter's paraphrase of Sen. Wintrow): she "worried it could impact court reporting and interpretations of court services."
Verdict: ACCURATE as to what the statute says about schools. DISPUTED as to what the amendment would do to schools, courts and websites.
The record.
- The statute. Idaho Code 73-121(4)(c) lets public schools use other languages "according to the rules promulgated by the state board of education," and (6)(b) says "Foreign language instruction should be encouraged."
- Senate hearing. Idaho EdNews reported that Senate committee members asked no questions about public schools.
- Courts. The court interpreter statute, Idaho Code 9-205 (described above), is state law, and HJR 6 excepts only federal law.
What the claim leaves out: that the pamphlet's wording is hedged ("might not allow"); that federal law would still require some services in schools and elsewhere; and that the sponsors and the Legislative Council describe the amendment's reach differently.
Claim 3: The amendment could create social division by signaling that non-English speakers are unwelcome
Legislative Council, pamphlet statement against the amendment (page 5): "The amendment could create social division by signaling to non-English speakers that they are unwelcome in the state and their communities."
Verdict: NOT SUPPORTED BY THE RECORD as a prediction. HJR 6 is not in force, so there is no experience under it, and the statement predicts how people would perceive the measure, not what it would require.
The record.
- A perception claim. The statement predicts how a measure would be perceived, not what it would require. Idaho Code 73-121 has declared English the official language since July 1, 2007.
- Stated purpose. The 2007 statement of purpose said the statute "will place no restrictions on private business or what language citizens speak in their private lives" (S1172).
What the claim leaves out: that it concerns perception, not legal effect, and that supporters make the opposite prediction (Support, Claim 1), which gets the same verdict on the same standard.
Sources
Official records and statutes
- 2026 Idaho Voter Pamphlet, Idaho Secretary of State (page 5: ballot question, Legislative Council statement, Yes and No statements, statements for and against, full text)
- House Joint Resolution 6 (2025), revised statement of purpose and fiscal note and bill status and roll calls, Idaho Legislature
- House Journal, 2025 final and Senate Journal, 2025 final
- House State Affairs Committee minutes, March 12, 2025 and Senate State Affairs Committee minutes, March 21, 2025
- Idaho Code 73-121, Idaho Code 67-453 and Idaho Code 9-205
- Idaho Constitution, Article XX, section 1
- 1986 Session Laws, chapter 282 (S.B. 1465) and Senate Bill 1172 (2007), with statement of purpose and votes
- Sunshine campaign finance system, Idaho Secretary of State (independent expenditure reports, queried October 3, 2026)
- VoteIdaho.gov, Idaho Secretary of State (voter tools)
Federal law and guidance
- 52 U.S.C. 10503 (Voting Rights Act section 203) and the Census Bureau's determinations, 86 Federal Register 69611 (December 8, 2021)
- 20 U.S.C. 1703, 25 U.S.C. 2904 and 42 C.F.R. 438.10
- Lau v. Nichols, 414 U.S. 563 (1974)
- Executive Order 14224, March 1, 2025, the Attorney General's memorandum of July 14, 2025 and the Homeland Security notice of July 14, 2026 (91 Federal Register 43108)
News reporting and commentary
- Idaho Capital Sun, Kyle Pfannenstiel, March 25, 2025 (as published by The Daily Chronicle)
- Idaho EdNews: March 13, 2025 and March 21, 2025
- CBS2 Boise, Joel Hroma, June 4, 2026
- Idaho State Journal, Karole Honas column, September 28, 2026
Organization materials
- ProEnglish: "Official English on November Ballot in Idaho," July 1, 2026 and June 16, 2026 article; Center for Renewing America, FY 2027 budget analysis
Page published by IdahoVoters.com. Last updated October 3, 2026. Campaign finance figures and court case status change; this page will be updated as they do.
Frequently asked questions
- What does a Yes or No vote on HJR 6 do?
- A Yes vote would add a new Section 8 to Article X of the Idaho Constitution designating English the official state language. A No vote would make no change to the Constitution, which currently does not designate an official language.
- Is English already Idaho's official language?
- Yes, by statute. Idaho Code 73-121(1) has declared English "the official language of the state of Idaho" since a 2007 law took effect on July 1, 2007.
- What would the amendment require?
- It says that, except as required by federal law, English "shall be used in all public proceedings, public documents, public instruction, and any other public acts of any public institution in the state of Idaho." It defines none of those terms, and no court has interpreted it.
- Does federal law require services in other languages in Idaho?
- In some settings, yes. Voting Rights Act section 203 covers five Idaho counties (Clark, Clearwater, Idaho, Lewis and Nez Perce), and other federal rules cover schools, Medicaid managed care and Native American languages. Federal guidance on language access changed in 2025 and 2026.
- How did the Legislature vote?
- The House adopted HJR 6 on March 13, 2025 by 59-8 with 3 absent, and the Senate adopted it on March 25, 2025 by 30-5. Both were more than the two-thirds required.
- What does it cost?
- The sponsor-written fiscal note estimates up to $300,000 for the Secretary of State to publish the pamphlet's constitutional amendments and arguments, a cost that occurs anyway if other measures qualify. It gives no estimate for translation or interpretation.
- How many votes does it need, and can it be undone?
- It needs a majority of voters on November 3, 2026. If it passes, it could be changed only by another constitutional amendment, which takes two-thirds of each house and then a majority of voters. The existing statute can be changed by an ordinary bill.
- Where can I read the full text and the official arguments?
- Page 5 of the 2026 Idaho Voter Pamphlet prints the ballot question, the Legislative Council's statement and arguments, and the full text. Voters can find their ballot and polling place at VoteIdaho.gov.