Illuminating Idaho Member Newsletter

Illuminating Idaho is the Idaho State Historical Society’s exclusive member newsletter, created just for history lovers like you. Each month, it shines a light on fascinating stories from Idaho’s past, highlights statewide historical happenings, and shares unique ways for members to get involved. It’s your inside connection to the people, places, and moments that continue to shape the Gem State.

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This Month's Illuminating Idaho

Initiatives & Referendums - How the West Won with Direct Democracy

written by state historian hannalore hein

Americans began their national story by declaring that legitimate government rests on the consent of the governed.1 The Declaration of Independence announced that principle in 1776, and the Constitution and Bill of Rights built a framework that made “We the People” the source of authority in the new republic. From the earliest days of the country’s history, patriots believed in direct decision-making and created a framework for how citizens would ratify laws and constitutional changes proposed by their elected representatives. The idea of a referendum helped to establish the idea that voters themselves would approve the basic rules that bound them.2 Founders carried that belief in popular sovereignty into state and national politics, and Congress eventually required all new states after 1857 to send constitutional changes to the people for ratification.3 From the beginning, Americans had already begun to expect a say in the rules that governed them, but it was the westerners, Idahoans included, who really put the concepts of referendums and initiatives to the test. 

Over the 1800s, an expectation of involvement evolved into what we now call direct democracy. In this kind of voting, citizens decide public questions with a simple “yes” or “no,” not just by choosing people for office.4 Legislative referendums became a standard part of statehood, and every state except Delaware now uses them for constitutional amendments.² Those practices paved the way for a broader reform that really took root during the Progressive Era, and especially in the West: letting citizens themselves propose laws and constitutional changes through the initiative and popular referendum process.5 

Proponents of the initiative and referendum argued that these mechanisms would not replace representative government but strengthen it by giving voters a way to check unresponsive legislatures and “moneyed special interests.”6 In Idaho, proponents of these changes won a victory in 1912, when Idaho voters approved a state constitutional amendment allowing voters to use the ballot as a tool for structural change. But the true test of this change came several decades later with a 1938 initiative that transformed how the state managed its fish and wildlife.7 

Since 1899, Idaho managed its fish and wildlife through a structure centered on a State Fish and Game Warden and laws passed by the state legislature.8 However, Idaho sportsmen grew concerned that political pressures affected decisions about seasons, limits, and enforcement, and that management did not always reflect longterm conservation needs or broad public input.¹⁷ Efforts in the mid1930s to change the system through ordinary legislative channels fell short, which left reformers looking for another path.9 Members of the Ada County Fish and Game League and other sportsmen’s groups began meeting regularly in Boise to draft a proposal that would remove wildlife management from shortterm political cycles and place it under a professional commission. They studied approaches from other states and built on earlier Idaho legislation to design a new framework for governing fish and game.10 

In 1938, organizers turned those conversations into action and used Idaho’s initiative process to carry their proposal to the ballot. They needed at least 21,000 certified signatures from registered voters to qualify for the initiative, and a core group of volunteers and advocates traveled around the state to gather names. In July 1938, they delivered petitions with 24,000 signatures to the Secretary of State, and additional signatures followed by the deadline.11 The measure asked Idaho voters to create a Fish and Game Commission with authority over management of the state’s wildlife resources. On November 8, 1938, Idahoans approved the initiative with a 75% majority, making it the state’s first successful people’s initiative.12 The new law established a commission form of governance and signaled that citizens were willing to use the tools of direct legislation to change how government handled shared resources. In December, state officials appointed the first commissioners, marking the start of a new era in how Idaho connected public values, scientific management, and government work in the outdoors.13 

Idaho government, academic, and state sources agree on the larger arc behind this story: Americans rooted their political belief in the idea that people hold ultimate sovereignty, and states have steadily developed tools that let voters exercise that sovereignty more directly. Idahoans used their votes in 1938 to pull wildlife management out of the daytoday churn of politics and to build a commission that answered to the people and the resources charged to their care, not to any one administration. That choice still anchors our system today. The Fish and Game Commission continues to set seasons, bag limits, and policy for wildlife across Idaho, and it still represents regions and communities from every corner of the state.14 

However, in 2026, Senate Bill 1300 changed a key part of that model by shifting appointment of the Idaho Department of Fish and Game Director from the commission to the governor, with confirmation by the Idaho Senate.15 The new law aligns Fish and Game with other state departments, but it also reintroduces a direct partisan appointment into a structure that voters once redesigned to buffer wildlife management from shifting political winds. Advocacy groups working on fish and wildlife issues have already urged hunters, anglers, and outdoor-minded Idahoans to stay engaged and watch closely how this change affects long-term conservation and access. 

The larger story here reaches back to the Revolution and the rise of direct democracy in the states. When Idahoans added initiative and referendum to their constitution in 1912, and when they used those tools in 1938 to create the Fish and Game Commission, they did more than solve a policy problem—they claimed a share of the responsibility for how this place is governed. That responsibility has not gone away. Whether they sign petitions and vote on initiatives and referendums, or elect representatives who share their values about wildlife, land, and community, Idahoans still carry the job of shaping the institutions that shape this state. 

In the end, the commission that nineteenth and twentieth-century Idahoans built, and the debates that twenty-first-century Idahoans now wage over the implementation of SB 1300 and other key pieces of legislation passed during the most recent session, tell the same story: this is still a place where the people expect a meaningful voice in their government.16 If Idaho is to remain a place where everyone can hunt, fish, and pass along a healthy landscape and strong communities to the next generation, that voice has to stay active, at the ballot box, in the initiative and referendum process, and in every election where Idahoans choose the leaders who act in their name.17 

Bibliography 

Backcountry Hunters & Anglers. “Idaho BHA | 2026 Legislative Session Recap.” Accessed April 21, 2026. https://www.backcountryhunters.org/news/details/idaho-bha-2026-legislative-session-recap. 

Center for Effective Government. “Direct Democracy and Ballot Measures.” Accessed April 21, 2026. https://effectivegov.uchicago.edu/primers/direct-democracy-and-ballot-measures. 

“F&G Marks 75 Years Since Initiative Created Commission | Idaho Fish and Game.” November 5, 2013. https://idfg.idaho.gov/press/fg-marks-75-years-initiative-created-commission. 

“Fish and Game Commission | Idaho Fish and Game.” April 16, 2026. https://idfg.idaho.gov/about/commission. 

Idaho Fish and Game Commission. “‘February 19, 2026, Idaho Department of Fish and Game Legislative Update,’ Idaho Department of Fish and Game, Commission Briefing on SB 1300,”.” n.d. https://idfg.idaho.gov/sites/default/files/commission-meeting-minutes-2-19-2026.pdf. 

IRI USC. “History of US Direct Democracy.” Accessed April 21, 2026. https://www.initiativeandreferenduminstitute.org/history-us-direct-democracy. 

Mike, McLean. “Petition Seeks to Revamp Commission.” Newspapers.Com (Coeur d’Alene Press), March 9, 2002. 

National Archives. “Declaration of Independence (1776).” April 8, 2021. https://www.archives.gov/milestone-documents/declaration-of-independence. 

“Voter Initiative Creates Fish and Game Commission | Idaho Fish and Game.” November 8, 2013. https://idfg.idaho.gov/press/voter-initiative-creates-fish-and-game-commission. 

Photographs 

P3623 Owen W. Morris, Fish and Game Warden, Idaho State Archives  

P1962 Fish and Game Commission, Idaho State Archives  

2587 Bear Hunt, Star 1902, Idaho State Archives 

P1998-28-075, George Edward Tonkin Hunting Fishing, Idaho State Archives  

72-201-161D EF Rhodenbaugh, Idaho State Archives  

MS511-121KhHunters and Fall Society 1940, Idaho State Archives 

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