Laws governing the initiative process in Idaho

• Laws and procedures
• Changes in the law

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Citizens of Idaho may only initiate legislation as a state statute. Idahoans may also repeal legislation via veto referendum, but cannot place a constitutional amendment on the ballot via initiative. The Idaho State Legislature, on the other hand, may place measures on the ballot as legislatively-referred constitutional amendments.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

Idaho does not employ a single-subject rule.

See law: Idaho Constitution, Article III, Section 1 & Idaho Statutes, Title 34, Chapter 18

Subject restrictions

See also: Subject restrictions (ballot measures)

Idaho does not restrict the subject matter of initiated measures. In addition, they are not required to specify a funding source for mandated expenditures.

See law: Idaho Constitution, Article III, Section 1 & Idaho Statutes, Title 34, Chapter 18

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Idaho ballot measures

Idaho law provides that in the event that two measures conflict, the measure with the most affirmative votes supersedes the other on any points of conflict. However, the other measure is not wholly superseded.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1811

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

Idaho is one of several states that require a certain number of signatures to accompany petition applications. The signatures of 20 qualified electors are required. Along with the signatures, proponents must file a copy of the proposed bill with the Secretary of State. Once these requirements are met, the Secretary transfers the proposal to the Attorney General for review.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1804 & Section 34-1804

Proposal review/approval

See also: Approved for circulation

After receiving the measure from the Secretary, the Attorney General is required to evaluate the proposal and provide recommendations on substance, form, and style. These revisions are advisory; petitioners are free to accept or reject them. After the review, the sponsor must re-submit the revised proposal to the Secretary of State. The Attorney General then assigns the measure a short and long ballot title.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1804 & Section 34-1804

Fiscal review

See also: Fiscal impact statement

Idaho does not prepare a fiscal analysis for ballot measures.

See law: Idaho Constitution, Article III, Section 1 & Idaho Statutes, Title 34, Chapter 18

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Idaho signature requirements

The number of signatures required is equal to 6% of the registered voters as of the last general election.

Year	Statute	Veto referendum
2014	53,751	53,751
2012	47,432	47,432
2010	51,712	51,712
2008	45,893	45,893

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1805

Distribution requirements

See also: Distribution requirements

Idaho does not have a distribution requirement. It used to have a distribution requirement requiring 6% of the signatures from each of 22 of Idaho's 44 counties. This rule was struck down in 2001 by a federal court in Idaho Coalition United for Bears v. Cenarrusa.

See law: Idaho Constitution, Article III, Section 1 & Idaho Statutes, Title 34, Chapter 18

Restrictions on circulators

Pay-per-signature

See also: Pay-per-signature

Idaho does not ban pay-per-signature. It used to have such a ban, but this rule was struck down in 2001 by a federal court in Idaho Coalition United for Bears v. Cenarrusa.

See law: Idaho Constitution, Article III, Section 1 & Idaho Statutes, Title 34, Chapter 18

Out-of-state circulators

See also: Residency requirements for petition circulators

Idaho requires that petition circulators are residents of the state. Similar laws in other states have been overturned, but the US Supreme Court has yet to rule on the matter.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1807

Badge requirements

See also: Badge requirements

Idaho does not require paid and volunteer circulators be identified as such on badges or petitions.

See law: Idaho Constitution, Article III, Section 1 & Idaho Statutes, Title 34, Chapter 18

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Idaho law does mandate that signatures be collected in the presence of the circulator and that signers "personally" place their name on the petition.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1807

Deadlines for collection

See also: Petition drive deadlines; Circulation period

In Idaho, petitioners have 18 months to collect signatures after the ballot title has been granted. Signatures may not be collected after April 30 of the year in which the measure would appear on the ballot. Signatures must be filed by the close of business on May 1.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1802

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

In Idaho, each petition signature is verified by the county clerks and transmitted to the Secretary of State. Petitions must contain signatures from only one county and should be filed with the appropriate county clerk.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1802

Ballot title and summary

See also: Ballot title

The short and long ballot titles are assigned when the proposal is submitted for review. The short title is only a few, descriptive words. The long ballot title concisely explains the purpose of the measure. A generic ballot title (Proposition 1, Proposition 2, etc...) is assigned according to the order in which the measures are filed with the secretary.

• A sample of a past ballot can be found here.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1802 & Section 34-1810

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

Idaho initiatives do not require a supermajority for approval. This also applies to legislatively-referred constitutional amendments.

See law: Idaho Constitution, Article XX, Section 1 & Idaho Statutes, Title 34, Chapter 18, Section 34-1803

Effective date

Measures take effect as soon as they are approved by voters.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1803

Litigation

See also: Ballot measure lawsuit news

Any person may challenge a ballot title in the Idaho Supreme Court within 20 days. Any time after the Attorney General has reviewed a proposal, any qualified elector may challenge the constitutionality of the measure in the Supreme Court. If a petition fails to qualify for the ballot, any citizen may challenge the decision in the State District Court for the Fourth Judicial District within 10 days. The decision of the district court can be appealed to the Supreme Court.

See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1808 & Section 34-1809

Legislative tampering

See also: Legislative tampering

Idaho does not limit how soon, or with what majority, the legislature can repeal a measure.

See law: Idaho Constitution, Article III, Section 1 & Idaho Statutes, Title 34, Chapter 18

Re-attempting an initiative

Idaho does not limit how soon an initiative can be re-attempted.

See law: Idaho Constitution, Article III, Section 1 & Idaho Statutes, Title 34, Chapter 18

Funding an initiative campaign

See also: Campaign finance requirements for Idaho ballot measures

Some of the notable features of Idaho's campaign finance law include:

• Idaho treats groups in support or opposition of a ballot measure the same like other political committees.
• Idaho requires the certification of a campaign treasurer before any political committee registered in support or opposition of a ballot measure can accept contributions.
• The campaign treasurer for a registered political committee must be a resident of the State of Idaho.
• Idaho bans labor unions from making donations to political committees in support or opposition of a ballot measure as a condition of union membership.
• Idaho requires urgent disclosure of all campaign contributions of $1,000 or more in the last sixteen days of the election within 48 hours of receiving a contribution.

State initiative law

Article III of the Idaho Constitution provides authority for the initiative and referendum process.

• Idaho Constitution, Article III, Section 1

Title 34, Chapter 18 of the Idaho Statutes governs the initiative and referendum process.

• Idaho Statutes, Title 34, Chapter 18

External links

• Idaho Secretary of State, "Idaho Initiative and Referendum Instruction" (For 2012 Election)

• Idaho Secretary of State, "Guidelines for Initiative Petition Circulators"

References

Ballot law
State laws
Initiative law Recall law Statutory changes
Court cases
Lawsuit news Ballot access rulings Recent court cases Petitioner access Ballot title challenges Superseding initiatives Signature challenges
Laws governing local ballot measures

The following laws have been proposed which modify ballot measure law in Idaho.

Proposed changes by year

2012

See also: Changes in 2012 to laws governing ballot measures

The following bills were introduced in the Idaho State Legislature: a Idaho House Bill 452 (2012): Bill description/summary: "The legislation adds requirements of the taxing district to provide a statement as to the purpose for which the bonds are to be used, disclose the interest amount of the bonds, and to disclose when the bonds will be paid off or retired."

2011

See also: Changes in 2011 to laws governing ballot measures

No proposed changes were identified in 2011.

2010

See also: Changes in 2010 to laws governing ballot measures

No proposed changes were identified in 2010.