Idaho State Statutes - Idaho Attorney Directory

34-1809 - REVIEW OF INITIATIVE AND REFERENDUM MEASURES BY ATTORNEY GENERAL -- CERTIFICATE OF REVIEW PREREQUISITE TO ASSIGNMENT OF BALLOT TITLE -- BALLOT TITLE -- JUDICIAL REVIEW

REVIEW OF INITIATIVE AND REFERENDUM MEASURES BY ATTORNEY GENERAL
-- CERTIFICATE OF REVIEW PREREQUISITE TO ASSIGNMENT OF BALLOT TITLE -- BALLOT
TITLE -- JUDICIAL REVIEW. (1) After receiving a copy of the petition from the
secretary of state as provided in section 34-1804, Idaho Code:
(a) The attorney general may confer with the petitioner and shall, within
twenty (20) 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.
(b) The recommendations of the attorney general shall be advisory only
and the petitioner may accept or reject them in whole or in part.
(c) The attorney general shall issue a certificate of review to the
secretary of state 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. The
certificate of review shall be available for public inspection in the
office of the secretary of state.
(2) Within fifteen (15) working days after the issuance of the
certificate of review, the petitioner, if he desires to proceed with his
sponsorship, shall file the measure, as herein provided, with the secretary of
state for assignment of a ballot title and the secretary of state shall
thereupon submit to the attorney general two (2) copies of the measure filed.
(a) Within ten (10) working days after receiving copies of the petition,
the attorney general shall provide ballot titles as provided for below and
return one (1) copy of the petition to the secretary of state, with its
ballot title.
(b) A copy of the ballot title as prepared by the attorney general shall
be furnished by the secretary of state with the approved form of any
initiative or referendum petition, as provided herein, to the person or
persons or organization or organizations under whose authority the measure
is initiated or referred.
(c) The ballot titles shall be used and printed on the covers of the
petition when in circulation; the short title shall be printed in type not
less than twenty (20) points on the covers of all such petitions
circulated for signatures.
(d) The ballot title shall contain:
(i) Distinctive short title not exceeding twenty (20) words by
which the measure is commonly referred to or spoken of and which
shall be printed in the foot margin of each signature sheet of the
petition.
(ii) A general title expressing in not more than two hundred (200)
words the purpose of the measure.
(iii) The ballot title shall be printed with the numbers of the
measure on the official ballot.
(e) In making the ballot title the attorney general shall, to the best of
his ability, give a true and impartial statement of the purpose of the
measure and in such language that the ballot title shall not be
intentionally an argument or likely to create prejudice either for or
against the measure.
(3) Any person dissatisfied with the ballot title or the short title
provided by the attorney general for any measure, may appeal from his decision
to the supreme court by petition, praying for a different title and setting
forth the reason why the title prepared by the attorney general is
insufficient or unfair.
(a) No appeal shall be allowed from the decision of the attorney general
on a ballot title unless made within twenty (20) days after the ballot
title is filed in the office of the secretary of state; provided however,
that this section shall not prevent any later judicial proceeding to
determine the sufficiency of such title, nor shall it prevent any judicial
decision upon the sufficiency of such title.
(b) A copy of every such ballot title shall be served by the secretary of
state upon the person offering or filing such initiative or referendum
petition, or appeal. The service of the ballot title may be by mail,
telegraph or facsimile and shall be made forthwith when it is received
from the attorney general by the secretary of state.
(c) The supreme court shall thereupon examine said measure, hear
argument, and in its decision thereon certify to the secretary of state a
ballot title and a short title for the measure in accord with the intent
of this section. The secretary of state shall print on the official ballot
the title thus certified to him.
(4) Any qualified elector of the state of Idaho may, at any time after
the attorney general has issued a certificate of review, bring an action in
the supreme court to determine the constitutionality of any initiative.

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