Idaho State Statutes - Idaho Attorney Directory

COUNTY INITIATIVE AND REFERENDUM -- SIGNATURES REQUIRED --
PRINTING OF PETITION -- REVIEW OF MEASURES -- TIME LIMITS. The board of county
commissioners of each county shall provide by ordinance for direct legislation
by the people through the initiative and referendum. For the purposes of this
section, "initiative" means the right of the people at an election to adopt,
amend or repeal legislation. "Referendum" means the right of the people at an
election to approve or reject legislation adopted by the board of county
commissioners. Requirements of the initiative and referendum ordinance adopted
shall be as follows:
(1) Petitioners for initiative or referendum shall be equal to twenty per
cent (20%) of the qualified electors voting in the county in the last general
election;
(2) Initial petitions for referendum containing not fewer than twenty
(20) signatures of qualified electors of the county shall be filed not less
than thirty (30) days following the final publication of the ordinance to be
subject to referendum as provided in section 31-715, Idaho Code. After the
initial filing of the petition the provisions of subsection (6) of this
section shall apply. Completed petitions, with the requisite number of
signatures for referendum, shall be filed with the county clerk not more than
one hundred eighty (180) days after the date of approval of the form in
subsection (6)(d) of this section;
(3) Completed petitions, with the requisite number of signatures for
initiative, shall be filed with the county clerk not more than one hundred
eighty (180) days after the date of approval of the form in subsection (6)(d)
of this section;
(4) All requirements for gathering signatures shall be met by or within
the time frames imposed by subsections (2) and (3) of this section;
(5) A special election for initiative or referendum shall be provided as
prescribed in section 34-106, Idaho Code;
(6) The following requirements for signature, verification of valid
petitions, printing of petition, review of measures, and time limits, except
as expressly modified herein, shall be as nearly as practicable as provided in
sections 34-1801 through 34-1811 and 34-1813 through 34-1822, Idaho Code:
(a) Before beginning to circulate any petition for an initiative or for a
referendum on any ordinance passed by the board of county commissioners,
the person or persons or organization or organizations under whose
authority the measure is to be initiated or referred shall send or deliver
to the county clerk a copy of such petition duly signed by at least twenty
(20) qualified electors of the county which shall be filed by said officer
in his office, and who shall immediately transmit a copy of the petition
to the prosecuting attorney for the issuance of the certificate of review
as provided in section 34-1809, Idaho Code.
(b) After receiving a copy of the petition from the county clerk, the
county prosecuting attorney may confer with the petitioner and shall,
within ten (10) 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 prosecuting attorney shall be
advisory only and the petitioner may accept or reject them in whole or in
part. The prosecuting attorney shall issue a certificate of review to the
county clerk 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. Within fifteen (15) working days
after the issuance of a certificate of review, the petitioner, if he
desires to proceed with his sponsorship, shall file the ballot measure
with the county clerk for assignment of a ballot title. Other requirements
shall be as provided in section 34-1809, Idaho Code.
(c) Preparation of the ballot title by the prosecuting attorney shall be
as prescribed in section 34-1809, Idaho Code.
(d) After the form of the initiative or referendum petition has been
approved by the county clerk, the petition shall be printed by the person
or persons or organization or organizations under whose authority the
measure is to be initiated or referred and circulated in the county for
the signatures of legal voters.
(e) Verification of petition and signatures shall be as prescribed in
section 34-1807, Idaho Code.
(f) Upon final certification of the petition, the county clerk shall
order an election to be held pursuant to section 34-106, Idaho Code.
(g) If the county clerk shall refuse to accept and file any petition for
the initiative or for the referendum with the requisite number of
signatures of qualified electors thereto attached, any citizen may apply,
within ten (10) working days after such refusal, to the district court for
a writ of mandamus to compel him to do so. If it shall be decided by the
court that such petition is legally sufficient, the county clerk shall
then file it, with a certified copy of the judgment attached thereto, as
of the date on which it was originally offered for filing in his office.
On a showing that any petition filed is not legally sufficient, the court
may enjoin the county clerk and all other officers from certifying or
printing on the official ballot for the ensuing election the ballot title
and numbers of such measure. All such suits shall be advanced on the court
docket and heard and decided by the court as quickly as possible. Either
party may appeal to the supreme court within ten (10) working days after a
decision is rendered.
(h) It shall be unlawful for any person to make any false affidavit
concerning any petition in this section or to leave a petition unattended
for the purpose of gathering signatures. Any person violating any of the
provisions of this subsection shall be guilty of a misdemeanor.
(7) Any measure so initiated by or referred to the people shall take
effect and become a law when it is approved by a majority of the votes cast
thereon, and not otherwise.

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