Idaho Initiative and Referendum Law
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Here you'll find all the Idaho laws relating to initiatives and referenda.
Basic Procedures
A copy of the proposed initiative petition shall be filed with the signatures of 20 qualified electors of the state in the Idaho Secretary of State's office. The Secretary of State shall immediately transmit a copy of the proposed petition to the Attorney General for a Certificate of Review. The Idaho Attorney General may confer with the petitioner and shall, within 20 working days after receipt, review the proposed petition for substantive improvements and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate. The recommendations of the Attorney General shall be advisory only and the petitioner may accept or reject them in whole or in part.
The Attorney General shall issue a certificate of review to the Secretary of State certifying that he has reviewed the measure for form and style and that the recommendations thereon, if any, have been communicated to the petitioner, and such certificate shall be issued whether or not the petitioner accepts such recommendations.
Any qualified elector of the state of Idaho may, at any time after the certificate of review is issued, bring an action in the Idaho Supreme Court to determine the constitutionality of the initiative.
Within 15 working days after the issuance of the Certificate of Review, the petitioner, if they desire to proceed, with their sponsorship, shall inform the Secretary of State, in writing, of their intent. The Attorney General shall provide ballot titles, on the final proposal, within ten (10) working days. Any person who is dissatisfied with ballot titles, may appeal to the Supreme Court within 20 days after said ballot title is filed in the office of the Secretary of State. This shall not prevent later judicial proceedings and decisions on sufficiency of ballot titles. The Secretary of State shall transmit the approved form with the ballot titles to the petitioners with printing instructions. Any voter or group of voters may on or before July 20 prepare and file an argument not to exceed 500 words, for or against any measure. Rebuttal Arguments, not to exceed 250 words may be submitted no later than August 1. Voter Pamphlets will be printed and distributed by the Secretary of State .
Signature requirements
- The number of signatures must equal 6% of the number of registered voters at the last general election. In 2006 there were 764,880 people registered.
- 6% of registered voters at the last general election: 45,893
See also: Idaho signature requirements
Circulation period
18 Months
Residency requirements for circulators
Idaho has a residency requirement for petition circulators.[1]
1. Circulator shall be a resident of the State of Idaho and at least 18 years of age. (34-1807 I.C.)
2. Residence defined:
(1) "Residence," for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence.
(2) In determining what is a principal or primary place of abode of a person the following circumstances relating to such person may be taken into account business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, situs of residence for which the exemption in section 63-602G, Idaho Code, is filed, and motor vehicle registration.
(3) A qualified elector who has left his home and gone into another state or territory or county of this state for a temporary purpose only shall not be considered to have lost his residence.
(4) A qualified elector shall not be considered to have gained a residence in any county or city of this state into which he comes for temporary purposes only, without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there.
(5) If a qualified elector moves to another state, or to any of the other territories, with the intention of making it his permanent home, he shall be considered to have lost his residence in this state. (34-107, I.C.)
See also: Residency requirements for petition circulators.
Date when signatures are filed for certification
The proponents upon receipt of ballot titles and approved form have an 18-month circulation period or until April 30 in an election year whichever occurs earlier.
See also: Petition drive deadlines in 2008.
Signature verification process:
Petitions are turned into the county clerks of the counties in which the petitions are circulated. The county clerks verify every signature.
Single-subject restriction
There is no single-subject rule in Idaho.
External links
- Idaho Initiative Instructions
- Idaho Circulation Requirements
- Idaho Constitution and Statutory Provisions
- Idaho 2006 Election Results
