On Sep. 27, the Idaho Supreme Court ruled that elections officials must carry out validation of initiative petitions, whether they think the initiative would be valid law if it passed or not. The case is Liberty Lobby of Idaho v Wright, 31792.

The case arose several years ago when an initiative to regulate marijuana was circulated. County elections officials refused to process the petitions on the grounds that if the initiative got on the ballot and passed, it would contradict federal law. The Idaho Supreme Court said elections officials must process all initiative petitions, regardless of their content. The lower court had not only refused any relief, it had ruled that the lawsuit was frivolous, but that lower court decision has now been overturned.

Ryan Davidson, Chairman of Liberty Lobby of Idaho (no connection with the old right-wing Liberty Lobby) says the decision has breathed new life into the campaign.