The campaign for incumbent Republican U.S. Sen. Jim Risch has firmly rejected circulating rumors that a century-old Idaho statute could be used to bypass the upcoming Senate election. Marc Kilmer, a representative for the Risch campaign, stated that the speculation is “completely false.” The controversy centers on an Idaho law enacted in 1917, which permits a governor to appoint a replacement if a senator resigns or dies within 30 days of the general election, effectively canceling the vote for that vacancy.
Senate Race and Candidate Reactions
Risch is seeking re-election against independent candidate Todd Achilles, a former Idaho Democrat who previously served in the state Legislature. The Risch campaign characterized the rumors as a conspiracy theory orchestrated by Achilles to distract voters from his liberal record. Campaign officials also alleged that Achilles’ supporters coerced Democrat David Roth to withdraw from the race. Roth had won the Democratic primary in May but dropped out in September, citing a lack of party support.
Achilles’ campaign denied initiating the rumors. Crispin Gravatt, communication director for the Achilles campaign, criticized Risch for failing to assure voters he would serve a full term. Risch is currently 83 years old and would be 89 at the end of his six-year term if re-elected on Nov. 3.
Forum Discussion on Legal Precedent
The issue took center stage during a candidate forum held Wednesday evening in Caldwell. Risch did not attend the event. Moderator McKay Cunningham asked the candidates about the likelihood of the 1917 law being invoked. The constitutionality of the statute has never been tested in court because it has never been used.
Independent candidates Todd Achilles and Natalie Fleming, along with Libertarian Matt Loesby, stated that voters would not accept the use of the law. Loesby predicted significant legal challenges if the provision were triggered. “I think if it were tried, it would be challenged in courts, and it would be a whole big mess,” Loesby said.
Fleming described the idea as frightening but did not predict it would actually happen. Achilles argued that such a move would be unconstitutional and create a loop of no elections. Cunningham noted potential legal arguments based on voting rights and due process during an interview on Thursday.
Legislative Attempts to Amend Statute
Efforts to change the law have stalled in recent years. House Bill 324 was proposed in 2025 by Rep. Kevin Andrus and Rep. Josh Tanner. The legislation aimed to amend the statute to allow special elections instead of gubernatorial appointments for vacancies occurring close to an election. However, House Bill 324 did not receive a hearing or advance during the legislative session.
The governor’s office did not respond to requests for comment regarding the potential use of the appointment power. With the general election approaching, candidates and legal observers continue to debate the implications of the untested 1917 law on Idaho’s democratic process.