The campaign for incumbent Republican U.S. Sen. Jim Risch has dismissed circulating rumors that the senator plans to invoke a 1917 Idaho statute to bypass the upcoming general election as “completely false.”
The controversy centers on an obscure provision in Idaho law enacted nearly a century ago. The statute permits the governor to appoint a replacement for a U.S. Senate vacancy if the sitting senator resigns or dies within 30 days of the general election, effectively canceling the vote for that seat.
Risch, who is 83 years old, faces independent challenger Todd Achilles in the Nov. 3 contest. If re-elected, Risch would be 89 at the conclusion of his next six-year term.
Marc Kilmer, a representative for the Risch campaign, issued a statement rejecting the speculation.
“This rumor is completely false,” Kilmer said.
The Risch campaign characterized the rumors as a conspiracy theory designed by opponents to distract voters from Achilles’ political record. Campaign officials also pointed to the recent withdrawal of David Roth, who won the Democratic primary in May but dropped out in September citing a lack of party support. The Risch team alleged that supporters coerced Roth into leaving the race.
Achilles’ campaign denied originating the rumors about the 1917 law. However, Achilles criticized Risch for failing to provide voters with a guarantee that he will serve a full term if re-elected.
“What’s concerning is that Jim Risch is pointing fingers instead of assuring voters that he won’t use the law in a way that would bypass the will of the voters,” said Crispin Gravatt, a representative for the Achilles campaign.
The issue surfaced during a candidate forum held Wednesday evening in Caldwell. Risch did not attend the event. Moderator McKay Cunningham asked the candidates present about the likelihood of the 1917 law being utilized to fill a Senate vacancy.
Independent candidates Todd Achilles and Natalie Fleming, along with Libertarian Matt Loesby, expressed skepticism that voters would accept such a maneuver.
Achilles argued that invoking the statute would be unconstitutional. He suggested it could create a procedural loop of non-elections, undermining democratic norms. Fleming described the concept as frightening but stopped short of predicting it would actually occur.
Loesby predicted that any attempt to use the law would face immediate court challenges. He also suggested that Risch might choose to retire after winning re-election rather than attempting to utilize the appointment clause.
The constitutionality of the 1917 statute has never been tested in court. Cunningham noted during the forum that legal arguments against using the law would likely stem from voting rights protections found in both the state and U.S. Constitutions. He suggested candidates could claim due process violations if an election were canceled.
Legislative efforts to address the statute have stalled in recent years. In 2025, Rep. Kevin Andrus and Rep. Josh Tanner introduced House Bill 324, which sought to amend the law to require special elections rather than gubernatorial appointments for vacancies occurring close to an election.
House Bill 324 did not receive a hearing and did not advance through the legislative process. The governor’s office did not respond to requests for comment regarding the current rumors or the potential application of the 1917 law.