Idaho just became one of the few states to draw a line against mandatory digital identification. Governor Brad Little signed Senate Bill 1299 on April 1, 2026, and the new law does something genuinely unusual in American state politics right now: it pushes back against digital ID rather than pushing it forward.
We obtained a copy of the bill for you here.
The bill creates Section 67-2364 of the Idaho Code, prohibiting government entities from requiring “any person to obtain, maintain, present, or use digital identification.”
Approximately three-quarters of US states are currently offering or developing electronic driver’s licenses. The national momentum is clearly toward digital ID systems, with states like Arkansas, Texas, Georgia, and Utah all advancing their own versions in 2025 alone. Idaho is swimming against that current.
The bill, introduced by Senator Tammy Nichols, goes further than a simple opt-out. It prohibits public entities from denying, delaying, conditioning, or reducing “any service, benefit, license, employment, education, or access based on a person’s refusal or inability to use digital identification.”
That second clause, “or inability,” protects people who can’t use digital ID, not just those who won’t. Anyone without a smartphone, without reliable internet, without the technical literacy to navigate a digital wallet, keeps full access to government services. Physical, non-digital identification remains “valid for all governmental purposes” under the law.
The bill also addresses what happens when someone voluntarily shows a digital ID during a government interaction. A government entity cannot “require a person to surrender, unlock, or relinquish control of a personal electronic device for identity verification.” Handing your phone to a police officer or a clerk at the DMV is not the same as handing them a laminated card.
A phone contains your messages, your photos, your browsing history, and your location data. Presenting a digital ID “shall not constitute consent to search or access any other contents of a device.”
That’s a Fourth Amendment protection written directly into a state statute.
Hellbound and Down 