2002 Proposed Referendum - Term Limits

Contact Person / Organization

Peter C. Erbland
816 Sherman Ave.
Coeur d'Alene, Idaho 83816
(208)664-8115

Status

Pending. Signature submission deadline is July 5th.

Short Ballot Title

Initiative establishing term limits for elected state executive office holders and state legislators through ballot access restrictions.

Long Ballot Title

Initiative amending Idaho Code § 34-907 to alter term limits created by ballot access restrictions by repealing term limits for members of Congress; limiting number of years an incumbent state legislator may serve in either the state house of representatives or state senate to twelve (12) of the previous fifteen (15) years; repealing term limits for county elected officials; changing effective date of service counted toward term limits to December 1, 1994; and containing a severability clause.

Attorney General Certificate of Review

Can be viewed by following this link to the Attorney General's web site.

Full Text

Click here to view the proposed initiative in PDF format.

Be enacted by the People of the State of Idaho:

Section 1: That this act shall be known as and may be cited as the Idaho State Term Limits Act of 2002.

Section 2: That Chapter 9, Title 34, Section 907, Idaho Code, be amended to replace the current Sections with NEW SECTIONS that will read as follows:

34-907. Term Limits for elected state legislative and executive offices.

  1. A person shall not be eligible to have his or her name placed upon a special, primary or general election ballot for a state legislative or executive office which they have previously held if they have served, will serve or but for resignation would have served, in the same office by the end of their current term of office for a length of time as follows:
    1. As a state elected executive official, during eight (8) or more of the previous fifteen (15) years.
    2. As a state senator or representative, representing any district within the state, during eight (8) or more of the previous fifteen (15) years, or as a member of the state legislature during twelve (12) or more of the previous fifteen (15) years.
  2. Nothing in this section shall be construed as prohibiting any qualified voter of this state from casting a ballot in a general election for any person by writing the name of that person on any ballot, or as prohibiting such a properly marked general election ballot from being counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a "write-in" campaign in a general election.

Section 3: This act shall be applicable to all state legislative and executive candidates whose elected terms of office began on or after December 1, 1994. Service prior to December 1, 1994, shall not be counted for purposes of this act. All other provisions of this act shall be in full force and effect one day after its passage by the voters of the state.

Section 4: The provisions of this act are hereby declared to be severable and if any provisions of this act or the application of such provision of any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.