In the full text of the proposed initiative words to be
deleted are struck-through and words replacing deleted
text or being added are underlined.
Mr. Dennis Mansfield
10114 Florence Court
Boise ID 83704
(208) 376-9009
4/27/98 - Indicated no effort to collect signatures - terminated
Initiative repealing and amending certain requirements governing the process for placing a voter initiative on the ballot.
Initiative changing the process for placing voter initiatives on the ballot by redesignating Idaho Code Section 34-1801A as Idaho Code Section 34-1801; by repealing current Idaho Code Section 34-1801; repealing Idaho Code Sections 34-1802(1), (2) and (3); redesignating Idaho Code Section 34-1802(4) as Idaho Code Section 34-1802; repealing Idaho Code Section 34-1803B; by amending Idaho Code Section 34-1805; amending Idaho Code Section 34-1809; repealing Idaho Code Section 34-1814A; amending Idaho Code Section 34-1815; designating January 1, 1999 as the effective date of the initiative; and containing a severability clause.
Can be viewed at the Attorney Generals web page - see under 'Opinions'
Be It Enacted by the People of the State of Idaho:
Section 1. That Section 34-1801A, Idaho Code, be, and the same is hereby amended to read as follows:
34-1801[A]. Petition. The following shall be substantially the form of petition for any law proposed by the initiative:
WARNING
It is a felony for anyone to sign any initiative or referendum petition with any name other than his own, or to knowingly sign his name more than once for the measure, or to sign such petition when he is not a qualified elector.
INITIATIVE PETITION
To the Honorable . . . . . , Secretary of State of the State of Idaho:
"We, the undersigned citizens and qualified electors of the State of Idaho, respectfully demand that the following proposed law, to-wit: (setting out full text of measure proposed) shall be submitted to the qualified electors of the State of Idaho, for their approval or rejection at the regular general election, to be held on the . . . . . . day of . . . . . , A.D., . . . . . , and each for himself says: I have personally signed this petition; I am a qualified elector of the State of Idaho; my residence and post office are correctly written after my name.
Signature
Printed Name
Residence
City
or
Street and Number
Post Office
(Here follow twenty numbered lines for signatures.)
The petition for referendum on any act passed by the state legislature of the state of Idaho shall be in substantially the same form with appropriate title and changes, setting out in full the text of the act of the legislature to be referred to the people for their approval or rejection.
Section 2. That Section 34-1801, Idaho Code, be, and the same is hereby repealed.
Section 3. That Section 34-1802, Idaho Code, be and the same is hereby amended to read as follows:
34-1802. Initiative petitions -
Time for gathering signatures - Time for submission of
signatures to the county clerk - Time for filing.
(1) Except as provided in section
34-1804, Idaho Code, petitions for an initiative shall be
circulated and signatures obtained beginning upon the
date that the petitioners receive the official ballot
title from the secretary of state and extending eighteen
(18) months from that date or April 30 of the year that
an election on the initiative will be held, whichever
occurs earlier. The last day for circulating petitions
and obtaining signatures shall be the last day of April
in the year an election on the initiative will be held.
(2) The person or persons or
organization or organizations under whose authority the
measure is to be initiated shall submit the petitions
containing signatures to the county clerk for
verification pursuant to the provisions of section
34-1807, Idaho Code. The signatures required shall be
submitted to the county clerk not later than the close of
business on the first day of May in the year an election
on the initiative will be held, or eighteen (18) months
from the date the petitioner receives the official ballot
title from the secretary of state, whichever is earlier.
(3) The county clerk shall, within sixty (60) calendar days of the deadline for the submission of the signatures, verify the signatures contained in the petitions, but in no event shall the time extend beyond the last day of June in the year an election on the initiative will be held.
(4) ]Initiative petitions with the requisite number of signatures attached shall be filed with the secretary of state not less than four (4) months before the election at which they are to be voted upon.
Section 4. That Chapter 18, Title 34, Section 34-1803B, Idaho Code, be, and the same is hereby repealed.
Section 5. That Section 34-1805, Idaho Code, be, and the same is hereby amended to read as follows:
34-1805. Sponsors to print petition - Number of
signers required. After the form of the initiative or
referendum petition has been approved by the secretary of
state as in sections 34-1801[A]-
through 34-1822, Idaho Code, provided, the same shall be
printed by the person or persons or organization or
organizations under whose authority the measure is to be
referred or initiated and circulated in the several
counties of the state for the signatures of legal voters.
Before such petitions shall be entitled to final filing
and consideration by the secretary of state there shall
be affixed thereto the signatures of legal voters equal
in number to not less than six per cent (6%) of the
qualified electors of the state at the time of the last
general election. Provided, that
the petition must contain a number of signatures of
qualified electors from each of twenty-two (22) counties
equal to not less than six percent (6%) of the qualified
electors at the time of the last general election in each
of those twenty-two (22) counties.
Section 6. That Section 34-1809, Idaho Code, be, and the same is hereby amended to read as follows:
34-1809. Review of initiative and referendum measures
by attorney general - Certificate of review prerequisite
to assignment of ballot title - Ballot title - Judicial review. After
receiving a copy of the petition from the secretary of
state as provided in section 34-1804, Idaho Code, the
attorney general may confer with the petitioner and
shall, within twenty (20) working days from receipt
thereof, review the proposal for matters of substantive
import 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. The certificate of review shall be
available for public inspection in the office of the
secretary of state. Within fifteen (15) working days
after the issuance of the certificate of review, the
petitioner, if he desires to proceed with his
sponsorship, shall file the measure, as herein provided,
with the secretary of state for assignment of a ballot
title and the secretary of state shall thereupon submit
to the attorney general two (2) copies of the measure
filed. Within ten (10) working days after receiving said
copies the attorney general shall provide a ballot title
therefor and return one of said copies to the secretary
of state, together with the ballot title so prepared by
him. A copy of the ballot title as prepared by the
attorney general shall be furnished by the secretary of
state with his approved form of any initiative or
referendum petition, as provided herein, to the person or
persons or organization or organizations under whose
authority the measure is initiated or referred. Said
ballot title shall be used and printed on the covers of
the petition when in circulation; the short title shall
be printed in type not less than twenty (20) points on
the covers of all such petitions circulated for
signatures. The ballot title shall contain: (1)
Distinctive short title in not exceeding twenty (20)
words by which the measure is commonly referred to or
spoken of and which shall be printed in the foot margin
of each signature sheet of the petition. (2) A general
title expressing in not more than two hundred (200) words
the purpose of the measure. The ballot title shall be
printed with the numbers of the measure on the official
ballot. In making such ballot title the attorney general
shall to the best of his ability give a true and
impartial statement of the purpose of the measure and in
such language that the ballot title shall not be
intentionally an argument or likely to create prejudice
either for or against the measure. Any person who is
dissatisfied with the ballot title or the short title
provided by the attorney general for any measure, may
appeal from his decision to the Supreme Court by
petition, praying for a different title and setting forth
the reason why the title prepared by the attorney general
is insufficient or unfair. No appeal shall be allowed
from the decision of the attorney general on a ballot
title unless the same is taken within twenty (20) days
after said ballot title is filed in the office of the
secretary of state; provided
however, that this section shall not prevent any later
judicial proceeding to determine the sufficiency of such
title, nor shall it prevent any judicial decision upon
the sufficiency of such title. A copy of every
such ballot title shall be served by the secretary of
state upon the person offering or filing such initiative
or referendum petition, or appeal. The service of such
decision may be by mail or telegraph and shall be made
forthwith when it is received from the attorney general
by the secretary of state. Said Supreme Court shall
thereupon examine said measure, hear argument, and in its
decision thereon certify to the secretary of state a
ballot title and a short title for the measure in accord
with the intent of this section. The secretary of state
shall print on the official ballot the title thus
certified to him. Any qualified
elector of the state of Idaho may, at any time after the
attorney general has issued a certificate of review,
bring an action in the Supreme Court to determine the
constitutionality of any initiative.
Section 7. That chapter 18, Title 34, Section 34-1814A, Idaho Code, be, and the same is hereby repealed.
Section 8. That Section 34-1815, Idaho Code, be, and the same is hereby amended to read as follows:
34-1815. False statements spoken
or written concerning petition unlawful - Failure to disclose material provisions.
It shall be unlawful for any person to willfully or
knowingly circulate, publish or exhibit any false
statement or representation, whether spoken or written,
or to fail to disclose any material provision in a
petition, concerning the contents, purport or effect of
any petition mentioned in sections 34-1801A- through
34-1822, Idaho Code, for the purpose of obtaining any
signature to any such petition, or for the purpose of
persuading any person to sign any such petition. It shall be unlawful for any person to
solicit or obtain any signature on a petition without
first showing the signer both the short title and the
general title as defined in section 34-1809, Idaho Code,
so that the signer has an opportunity to read them before
signing the petition.
Any signature obtained without
compliance with this section is null and void.
Section 9. This act shall be in full force and effect
on and after July 1, 1997 January
1, 1999, and this act shall apply to all
initiative petitions that have been submitted with
qualifying signatures pursuant to section 34-1804, Idaho
Code, on and after July 1, 1997
January 1, 1999.
Section 10. If any section, part or phrase hereof is for any reason held to be invalid or unconstitutional, the remaining sections will remain in full force and effect.