2002 Proposed Referendum - Term Limits Initiative

Contact Person / Organization

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

Status

Did not file qualifying signatures for ballot status. Will not appear on the 2002 General Election ballot.

Short Ballot Title

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

Long Ballot Title

An initiative relating to the number of years elected state officers and state legislators may serve by creating ballot access restrictions: providing a new section to the Idaho Code § 34-907 to limit the number of years a person may serve in elected state executive and legislative offices by restricting their eligibility to appear on the ballot after serving a prescribed number of years: limiting the number of years for a state executive officer to eight (8) of the previous fifteen (15) years; limiting the number of years a state legislator may serve in either the state house of representatives or state senate to twelve (12) of the previous fifteen (15) years; those persons having served for the prescribed time periods will be ineligible for listing as a candidate for their respective office on the ballot.

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 by the addition of NEW SECTIONS that will read as follows:

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

  1. (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. (a) As a state elected executive official, during eight (8) or more of the previous fifteen (15) years.
    2. (b) 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.