Laws governing local ballot measures in Idaho

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Laws Governing Local Ballot Measures

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Idaho Constitution
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Preamble
Articles
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All local governments in Idaho have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Idaho. It explains:
  • Which local units of government make the initiative process available to residents.
  • How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
  • An overview of laws governing local recall elections.

Types of local government

Local government in Idaho consists of:

  • Cities: Article XII of the Idaho Constitution commands the state to pass laws concerning the incorporation of municipalities. Title 50 Ch. 1 of the Idaho State Statutes establishes the process and qualification for the incorporation of cities and towns. Any contiguous community with a population of 125 or more can file a petition for incorporation. State law does not establish the possibility of city charters. Bellevue City still has a charter that was granted to it by the Territorial Legislature.[1]
  • Counties: Title 31, Ch. 1 of the Idaho State Statutes establishes the number, name, boundaries of all counties. Title 31 as a whole dictates to a large degree the form of government of the counties in the state. In 1944, the Idaho Constitution was amended to allow for alternate forms of County government as delineated in Title 31 Ch. 50-57. Title 31 Ch. 58 establishes the charter form of government. As of now, no counties have applied this chapter to adopt a charter.[2]
Idaho State Statutes, Title 31

There are 44 counties and 200 cities in Idaho. All 44 counties are general law counties and 199 cities are general law cities. One city, Bellevue, has retained a charter granted to it by the Territorial Legislature before the Idaho Constitution was adopted.

  • In addition, there are 799 special districts and 118 independent school districts.[3]

School districts

See also: School bond and tax elections in Idaho

School bond and tax elections in Idaho happen under two circumstances: to issue new bonding or to exceed the state's debt limit. Regular school districts cannot have bonds that exceed more than five percent of the district's debt valuation while special districts are limited to two percent. Elections can be held normally during a statewide primary or general election which can be held during the First Tuesday after the first Monday in November and the fourth Tuesday in May every two even numbered years.

Local recall rules

The citizens of Idaho are granted the authority to perform a recall election by the Article VI, Section 6 to all elective officers (excepting judicial officers).

For additional detail, see Laws governing recall in Idaho

Initiative process availability

The initiative and referendum process is mandated for all general law cities and counties and guidelines for the process are established by state law to a large degree of specificity. Idaho State Statutes Title 34 Ch. 18 lays out laws regarding Initiative and Referendum elections.[4]

As of now, these statutes apply to all counties as all are general law counties.[5]

Of the 200 cities, 199 of them are general law and thus fall under this mandate.[5] Bellevue, the one charter city, has initiative and referendum in its charter and the rules and procedures are very similar to the state mandated rules and procedures.[6]

Authority

Ballot Law Portal
Laws Governing Ballot Measures

Constitution

Mention of the powers of Initiative and Referendum were not found in the Idaho State Constitution.

Statutes

A guide to local ballot initiatives
Local Ballot Initiatives cover.jpg

Initiative process features

The cities are expected to have initiative and referendum laws similar to those found in State Law above. Below are the individual city code for ordinance initiative and referendum as given partly by the state code and partly by individual city charters.

Special Elections

Local I&R Laws in the 50 States
Laws governing local ballot measures in WashingtonLaws governing local ballot measures in OregonLaws governing local ballot measures in CaliforniaLaws governing local ballot measures in NevadaLaws governing local ballot measures in ArizonaLaws governing local ballot measures in AlaskaLaws governing local ballot measures in HawaiiLaws governing local ballot measures in UtahLaws governing local ballot measures in IdahoLaws governing local ballot measures in MontanaLaws governing local ballot measures in WyomingLaws governing local ballot measures in ColoradoLaws governing local ballot measures in New MexicoLaws governing local ballot measures in TexasLaws governing local ballot measures in OklahomaLaws governing local ballot measures in KansasLaws governing local ballot measures in NebraskaLaws governing local ballot measures in South DakotaLaws governing local ballot measures in North DakotaLaws governing local ballot measures in MinnesotaLaws governing local ballot measures in IowaLaws governing local ballot measures in MissouriLaws governing local ballot measures in ArkansasLaws governing local ballot measures in LouisianaLaws governing local ballot measures in MississippiLaws governing local ballot measures in TennesseeLaws governing local ballot measures in AlabamaLaws governing local ballot measures in FloridaLaws governing local ballot measures in GeorgiaLaws governing local ballot measures in South CarolinaLaws governing local ballot measures in North CarolinaLaws governing local ballot measures in KentuckyLaws governing local ballot measures in VirginiaLaws governing local ballot measures in West VirginiaLaws governing local ballot measures in WisconsinLaws governing local ballot measures in IllinoisLaws governing local ballot measures in IndianaLaws governing local ballot measures in MichiganLaws governing local ballot measures in MichiganLaws governing local ballot measures in OhioLaws governing local ballot measures in PennsylvaniaLaws governing local ballot measures in MarylandLaws governing local ballot measures in MarylandLaws governing local ballot measures in DelawareLaws governing local ballot measures in DelawareLaws governing local ballot measures in ConnecticutLaws governing local ballot measures in New JerseyLaws governing local ballot measures in New JerseyLaws governing local ballot measures in New YorkLaws governing local ballot measures in ConnecticutLaws governing local ballot measures in MassachusettsLaws governing local ballot measures in Rhode IslandLaws governing local ballot measures in MassachusettsLaws governing local ballot measures in VermontLaws governing local ballot measures in New HampshireLaws governing local ballot measures in MaineLaws governing local ballot measures in New HampshireLaws governing local ballot measures in VermontLocal I&R 50 states Map.png
Source:Local Ballot Initiatives: How citizens change laws with
clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

List of Most Populated Cities in Idaho
City[11] Population City Type Next election
Boise 210,145 General law Special election[12]
Nampa 82,755 General law Special election[13]
Meridian 76,750 General law N/A[14]
Idaho Falls 57,646 General law N/A[15]
Pocatello 54,810 General law N/A[16]
Caldwell 46,905 General law Special election[17]
Coeur d'Alene 44,962 General law N/A[18]
Twin Falls 44,564 General law Special election[19]
Lewiston 32,119 General law N/A[20]
Post Falls 28,104 General law Special election[21]

Initiative is available in all of the top 10 most populated cities as required by state law above. The cities are expected to have clarifying initiative and referendum laws similar to those found in State Law above. Below are the individual city code for ordinance initiative and referendum as given partly by the state code and partly by individual city codes.



External links

References