Idaho has become one of the few states to officially oppose mandatory digital identification.
Brad Little who [1] is the Governor of Odaho enacted [2] the Senate Bill 1299. This new legislation takes a rare stance in contemporary American state politics by opposing the adoption of digital identification rather than advocating for its implementation. The legislation [3] establishes Section 67-2364 of the Idaho Code, which prohibits government entities from mandating individuals to obtain, maintain, present, or use digital identification. While there is a national trend favoring digital ID systems, with states such as Arkansas, Texas, Georgia, and Utah moving forward with their own initiatives in 2025, Idaho appears to be diverging from this trajectory.
The bill, introduced by Tammy Nichols, [4] a State Senator for District 10 in Idaho, extends beyond a mere opt-out option. It forbids public entities from denying, delaying, conditioning, or reducing any service, benefit, license, employment, education, or access due to a person’s refusal or inability to utilize digital identification. The inclusion of the term “or inability” safeguards individuals who cannot use digital ID, not just those who choose not to. Individuals without a smartphone, consistent internet access, or the technical skills required to navigate a digital wallet will retain full access to government services. Furthermore, physical, non-digital identification is deemed “valid for all governmental purposes” under this legislation.
Additionally, the bill stipulates protocols for situations where an individual voluntarily presents a digital ID during a government interaction. A government entity is prohibited from requiring an individual to surrender, unlock, or relinquish control of a personal electronic device for identity verification. The act of handing over a phone to a police officer or a clerk at the DMV differs from presenting a laminated card. Government agencies are also prohibited from using digital identification as a means of surveillance, according to the new law. It specifically forbids these agencies from tracking individuals, retaining identity data beyond a single transaction, or employing digital identification as a universal credential across different agencies.
In March, 2026 the Idaho House of Representatives [5] approved a bill that would enable residents to obtain digital identification cards with a 37-33 vote. [6] The House Bill 78, introduced [7] by Rep. Stephanie Mickelsen, stated it would empower the Idaho Transportation Department to issue electronic driver’s licenses and ID cards accessible through mobile wallet applications. Should the bill be enacted, the digital driver’s licenses would be optional, and individuals utilizing a mobile driver’s license would still need to possess a physical driver’s license. Michelson said, “By moving to a mobile driver’s license system, it actually is more secure than the current system in which your driver’s license exists, because it moves it into a … trusted vault that protects your data.”
However, several lawmakers still raised privacy and security concerns. [8] Rep. Joe Alfieri who voted against the bill said, “We have a much further area to be concerned about, besides our being hacked, our individual information being hacked the possibility of creating digital citizens who can collect benefits or, by the way, vote.” [9] Rep. Rod Furniss also said, “If we had a room full of 25 year olds in this room, they would think we are old fuddy-duddies for not putting this on our phone and not making it legal and not being a step in the right direction. This is going to come in the future, whether you want it or not.” [10] Rep. Brandon Mitchell who opposed the bill indicated that sheriffs in his district, as well as several heads of university security departments he consulted, were against the legislation. “‘No, this is a bad idea. My students could hack into that in minutes’, is what they were telling me,” said Mitchell.