Political poison pills

By Rep. Steve Berch, D-Boise
Reader Contributor

When is a seemingly benign piece of legislation deceptive? When it has a poison pill planted within it to facilitate an ulterior motive. This growing tactic is a harbinger of what we may expect during the 2026 legislative session.

One way to spot a bill with a poison pill is if the bill doesn’t actually change anything being done today. These bills are easier to pass because they seem harmless. However, one must consider how a “harmless” bill could be used to pave the way for a future controversial or extreme piece of legislation that would be difficult to pass on its own. 

Here are just a few examples from the 2025 legislative session:  

Making English Idaho’s official language (House Joint Resolution 6) 

This proposed change to the Idaho Constitution (which will be on the ballot in November 2026) sounds harmless on the surface. However, it is totally unnecessary. It doesn’t change anything today, since all government business in Idaho is already conducted in English. One must therefore consider how it could be used to make damaging changes later. 

For example, if English becomes Idaho’s “official” language, that means all other languages become “unofficial.” A future bill could then require that all state and local government business be conducted only in English, creating an excuse not to spend tax dollars on any “unofficial” language, such as Spanish. This could then eliminate Spanish-language ballots, non-English government webpages and documents, court translators, dual-language public signage and so on. 

The ulterior motive would be to disenfranchise many legal Idaho citizens and motivate them to leave Idaho if they don’t speak English — an outcome desired by some of the most extreme factions in Idaho politics.  

Civics test requirements for graduating high school (House Bill 397) 

This new law lists 11 components that the State Department of Education must include in a civics test. This is another bill that is completely unnecessary. The SDE already has the responsibility to set curriculum standards. By adding these requirements into statute, the Legislature can change the requirements in a future bill and bypass the SDE. 

For example, the Legislature could add a 12th requirement that the Bible be taught as one of the country’s founding documents. This new law now opens the door to require that the Bible be taught to all students of all religions in all public schools. In fact, there was a failed attempt to do this during the 2025 session. Amending an existing law is easier than passing a new law. 

Party affiliation must appear on all campaign material for partisan elections (H.B. 359) 

This bill was an insult to every Idaho voter — and completely unnecessary. It assumes voters are too stupid to read the party affiliation that is already printed next to the name of every candidate on every ballot for a partisan election. It hasn’t become law (yet), but the poison pill buried within it was the word “partisan.” If this bill were to become law, then a simple amendment could just remove the word “partisan.” That would effectively turn all non-partisan elections in Idaho into partisan elections (e.g. city councils, school boards, library boards, etc.). An earlier bill attempting to do that stalled, so this bill created an easier way to eventually achieve that outcome.

Legislators risk being attacked if they vote against bills that sound benign on the surface. A legislator must see beyond a bill’s good-sounding title. I will not vote for a bill that facilitates an ulterior motive.

It’s a pill I won’t swallow.

Steve Berch is a fourth-term legislator in the Boise area; assistant Idaho House minority leader; and serves on the Revenue and Taxation, Business, Local Government, Ways and Means, and Joint Legislative Oversight Committee, which oversees the Office of Performance Evaluations.