The campaign for incumbent Republican U.S. Sen. Jim Risch has firmly rejected circulating rumors that the senator plans to invoke a century-old state statute to bypass the upcoming general election.
Marc Kilmer, Risch’s campaign manager, addressed the speculation directly, stating that the claims are baseless. “This rumor is completely false,” Kilmer said.
The controversy centers on an Idaho law enacted in 1917. The statute permits a 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. Under the provision, no election is held to fill that specific seat during that cycle.
Risch, who is 83 years old, is facing independent candidate Todd Achilles in the November 3 contest. Achilles previously served in the Idaho Legislature as a Democrat. The race has seen significant movement after Democrat David Roth won his primary in May but withdrew from the ballot in September, citing a lack of support from his party.
Kilmer dismissed the appointment theory as a distraction tactic orchestrated by Achilles to shift focus away from his political record. Kilmer also accused Achilles’ supporters of pressuring Roth to exit the race. A spokesperson for the Achilles campaign denied that his team initiated the rumors.
Forum Debate Over Constitutional Validity
The issue took center stage during a candidate forum held Wednesday evening in Caldwell. Risch did not attend the event, which was moderated by McKay Cunningham, director of the master of applied public policy at College of Idaho. Independent candidates Todd Achilles and Natalie Fleming, along with Libertarian Matt Loesby, participated.
Crispin Gravatt, communication director for the Achilles campaign, criticized Risch for failing to provide voters with assurance that he will not use the 1917 law to circumvent the electorate’s will. Gravatt urged Risch to confirm his intention to serve a full six-year term, which would see him reach age 89.
During the forum, candidates and the moderator discussed the legal implications of the statute. Loesby suggested that any attempt by Risch to use the law would likely face immediate challenges in court. He also noted that Risch might choose to retire after winning the election during his six-year term.
Fleming described the prospect of an appointed senator as frightening but stopped short of predicting it would actually occur. Achilles argued that such a move would be unconstitutional and create a dangerous precedent where voters are denied the opportunity to elect their representative.
Cunningham noted that the constitutionality of the 1917 law has never been tested because it has never been used. He suggested that legal arguments against its application would likely stem from voting rights protections in both the Idaho and U.S. Constitutions. Cunningham also mentioned potential due process claims by candidates if an election were canceled.
Previous Legislative Efforts to Amend Statute
The 1917 provision has drawn attention before. In 2025, Idaho state legislators proposed House Bill 324 to amend the law. The bill would have allowed the governor to select a date for a special election rather than appointing a replacement directly.
Then-Rep. Kevin Andrus, R-Lava Hot Springs, and Rep. Josh Tanner, R-Eagle, introduced HB 324. However, the measure never received a hearing and did not advance through the legislative process.
The governor’s office did not provide comment on the matter. As the election approaches, the debate over the obscure statute highlights concerns among some voters and candidates about the transparency of the electoral process in Idaho.