BOISE, Idaho — English is already Idaho’s state language, according to state law.

But on Election Day, voters will have the option to double down on the language’s official designation by voting to amend the state constitution.

If passed, the amendment would name English as the state’s official language in the constitution — and require that it be used in all public proceedings, public documents and public instruction. The amendment does carve out exceptions for cases in which federal law requires other language options to be made available, but drops many of the other exceptions available in the state law.

The amendment could encourage non-English speakers in the state to learn the language, supporters wrote in their official statement on the Idaho Secretary of State’s website.

“This could promote unity and create a stronger sense of community and shared identity,” supporters wrote. It would “promote social cohesion without endangering anyone.”

Opponents, in their own official statement, said they worried it would actually be socially divisive, “signaling to non-English speakers that they are unwelcome.”

But what the amendment would actually do remains something of an open question, said Richard Seamon, a constitutional law professor at the University of Idaho. The language of the proposed amendment says English must be used in public proceedings, but it doesn’t say it’s the only language that can be used.

“It doesn’t foreclose the use of other languages,” Seamon told the Idaho Statesman. “I think that’s a really important aspect of how this is going to be interpreted.”

The exception for federal requirements is also a sizable one, he said. For example, any school that gets federal money must ensure that students have equal chances to take advantage of educational opportunities, whether or not English is their native language. Similarly, the Federal Voting Rights Act requires voting material to be provided in non-English languages if there’s a significant population of non-English speakers in a given area.

What if the federal government repealed its own requirements?

“It’s a possibility,” Seamon said, but he’s skeptical. The overlapping legislation and federal constitutional requirements to provide language support would be complex to reverse at the federal level.

“Congress has a tough time getting anything done these days,” he said.

There is a significant difference between the amendment and existing state law. The amendment says: “The English language shall be the official language for the state of Idaho. Except as required by federal law, English shall be used in all public proceedings, public documents, public instruction, and any other public acts of any public institution in the state of Idaho.”

State law, on the other hand, carves out several more exceptions.

Seamon acknowledged that the amendment, if passed, would conflict with those exceptions — for example, that another language could be used when required by public health and safety needs, to encourage tourism and economic development, and even by libraries providing foreign language activities.

How would the amendment blend with existing law? It’s a fair question, Seamon said.

Ultimately, he thinks, pragmatism will win out.

If police officers encounter someone who doesn’t speak English, they really will likely need an interpreter to handle questioning and perhaps booking that person, Seamon said. A firefighter or provider in a hospital is, at times, simply going to need the help of an interpreter for public safety reasons.

“It’s hard to imagine that they stop teaching Spanish at the University of Idaho,” he said. “I think common sense is often going to rule the day.”

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