Laws governing the initiative process in Idaho
From Ballotpedia - Reading time: 18 min
Laws and procedures[edit]
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[edit]
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[edit]
- See also: Single-subject rule
Idaho law requires initiatives to "embrace only one subject and matters properly connected with it."
Before 2020, Idaho did not employ a single-subject rule.
See law: Idaho Constitution, Article III, Section 1 and Idaho Statutes, Title 34, Chapter 18
Subject restrictions[edit]
- 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 and Idaho Statutes, Title 34, Chapter 18
Veto referendums on emergency legislation[edit]
In Idaho, veto referendums can be used on emergency legislation.
- Signatures are due 60 days after adjournment of the legislature.
See law: Idaho Constitution, Article III, Section 1 and Idaho Statutes, Title 34, Chapter 18
Competing initiatives[edit]
Idaho law provides that in the event that two conflicting measures are approved, 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 However, the other measure is not wholly superseded.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[edit]
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 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.[1][2][3]
Applying to petition[edit]
- 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 proposal with the secretary of state. Once these requirements are met, the secretary transfers the proposal to the attorney general for review.
When filing an initiative, proponents must also submit a proposed funding source for any expected costs of implementing the measure. The proposed funding source is nonbinding and is not part of the legal text of the measure. This proposed funding source must be included on petition sheets during signature gathering and within the voter information pamphlet for the election.
See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1804 and Section 34-1804
Proposal review/approval[edit]
- 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 and Section 34-1804
Fiscal review[edit]
- See also: Fiscal impact statement
The Division of Financial Management prepares a fiscal impact statement for any filed citizen initiatives describing the expected effects on state and local government revenue, expenditures, costs, and debt. This fiscal impact statement is to be included on signature petition sheets during signature gathering and on the voter information pamphlet for the election.
When filing an initiative, proponents must also submit a proposed funding source for any expected costs of implementing the measure. The proposed funding source is nonbinding and is not part of the legal text of the measure. This proposed funding source must be included on petition sheets during signature gathering and within the voter information pamphlet for the election.
See law: Idaho Constitution, Article III, Section 1 and Idaho Statutes, Title 34, Chapter 18
Collecting signatures[edit]
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.
Petition form[edit]
Idaho law sets the form for initiative petitions and requires the inclusion of the following on petition sheets:
- the fiscal impact statement drafted by officials and the proposed funding source submitted by proponents
- a statement informing signers that they can remove their signatures from the petition at a later date
- a place for the recording of the legislative district of the signer.
See law: Idaho Statutes, Title 34
Number required[edit]
- See also: Idaho signature requirements
In Idaho, the number of signatures needed to place a measure on the ballot is equal to 6 percent of the number of registered voters as of the state's last general election. Moreover, Idaho has a distribution requirement requiring signatures to equal at least 6 percent of registered voters in 18 of the state's 35 legislative districts.
Below are the statewide signature requirements that initiative proponents must meet to get their initiatives on the ballot in that year.
| Year | Statute | Veto referendum |
|---|---|---|
| 2024 | 62,895 | 62,895 |
| 2022 | 64,945 | 64,945 |
| 2020 | 55,057 | 55,057 |
| 2018 | 56,192 | 56,192 |
| 2016 | 47,623 | 47,623 |
| 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[edit]
- See also: Distribution requirements
Idaho has a distribution requirement of 6 percent of the qualified electors at the time of the last general election in each of at least 18 of the state's 35 state legislative districts, provided the total number of signatures is equal or greater than 6 percent of qualified electors in the state at the time of the last general election.
Idaho had a distribution requirement requiring 6 percent 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.[4] However, in 2013, the Idaho Legislature passed Idaho Senate Bill 1108, which added geographic distributions requirements for signature collection based on state legislative districts.
The signatures must be collected from only one county per petition. Regarding the petition format, the designation of legislative districts must be marked "for official use only."[5]
See law: Idaho Constitution, Article III, Section 1, Idaho Statutes, Title 34, Chapter 18
Restrictions on circulators[edit]
Circulator requirements[edit]
- See also: Petition circulator
In Idaho, there are no statutes that prevent a circulator from signing the petition being circulated. Each initiative petition contains a mandatory circulator affidavit. The circulator is required to sign these affidavits before a public notary. He/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition.[6] He or she must also certify that he or she believes each signer noted his/her address correctly. According to Idaho Statutes Sec. 34-1807, those circulating petitions are required:[6]
- to be a resident of Idaho
- to be at least 18 years of age
Once circulation is completed, the signatures are submitted to a county clerk who then submits them to the secretary of state.[6]
See law: Idaho Statutes Title 34, Chapter 18, Section 07
Pay-per-signature[edit]
- See also: Pay-per-signature
Idaho allows paying signature gatherers based on the number of signatures collected. Idaho law requires anyone that pays signature gatherers a total of $100 or more to collect ballot initiative signatures to report the expenditures to the secretary of state.
Idaho used to have a law banning paying signature gatherers on a per-signature basis, but a court struck this law down in 2001 in Idaho Coalition United for Bears v. Cenarrusa.[7]
See law: Idaho Constitution, Article III, Section 1 & Idaho Statutes, Title 34, Chapter 18
Out-of-state circulators[edit]
Idaho requires that petition circulators are residents of the state. Similar laws in other states have been overturned, but the U.S. Supreme Court has yet to rule on the matter.
See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1807
Badge requirements[edit]
- See also: Badge requirements
Idaho requires badges for paid petition circulators; requires circulators to verbally notify potential signers that they are being paid, and a disclosure to be printed on petitions.
See law: Senate Bill 1377
Electronic signatures[edit]
- See also: Electronic petition signatures
In Idaho, the Legislature passed a bill to prohibit electronic signatures for ballot initiative petitions in 2021.[8]
See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1807
Deadlines for collection[edit]
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 and cannot be collected after April 30.
See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1802
Getting on the ballot[edit]
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[edit]
- 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[edit]
- 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 and number (e.g. 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 and Section 34-1810
The election and beyond[edit]
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 three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements[edit]
- 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 and Idaho Statutes, Title 34, Chapter 18, Section 34-1803
Effective date[edit]
State law sets the earliest possible and the default effective date for statewide ballot initiatives to be July 1 in the year following the election. Initiatives can set effective dates that are later than July 1 of the following year.
See law: Idaho Statutes, Title 34, Chapter 18, Section 34-1803
Litigation[edit]
- 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 and Section 34-1809
Legislative alteration[edit]
- See also: Legislative alteration
Idaho does not limit how soon, or with what majority, the legislature can repeal a measure.[9]
See law: Idaho Constitution, Article III, Section 1 and Idaho Statutes, Title 34, Chapter 18
Re-attempting an initiative[edit]
Idaho does not limit how soon an initiative can be re-attempted.[10]
See law: Idaho Constitution, Article III, Section 1 and Idaho Statutes, Title 34, Chapter 18
Funding an initiative campaign[edit]
Some of the notable features of Idaho's campaign finance law include:
- Idaho treats groups registered in support of or opposition to a ballot measure the same as other political committees.
- Idaho requires the certification of a campaign treasurer before any political committee registered in support of or opposition to 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 registered in support of or opposition to a ballot measure as a condition of union membership.
- Idaho requires urgent disclosure of all campaign contributions of $1,000 or more occurring in the last 16 days before the election within 48 hours of receiving the contribution.
State initiative law[edit]
Article III of the Idaho Constitution provides authority for the initiative and referendum process.
Title 34, Chapter 18 of the Idaho Statutes governs the initiative and referendum process.
External links[edit]
Footnotes[edit]
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ FindLaw, "IDAHO COALITION UNITED FOR BEARS v. CENARRUSA," accessed December 1, 2021
- ↑ Ballotpedia, "Idaho Senate Bill 1108 (2013)," accessed December 1, 2021
- ↑ 6.0 6.1 6.2 State of Idaho Legislature, “Idaho Statutes, Sec. 34-1807 - Elections, Initiative and Referendum Elections," accessed September 6, 2013
- ↑ Citizens in Charge, "Pay-Per-Signature Bans," accessed July 29, 2011
- ↑ Idaho State Legislature, "House Bill 290," accessed June 20, 2023
- ↑ NCSL, "Limiting the Legislature's Power to Amend and Repeal Initiated Statutes," June 28, 2011
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
 |
State of Idaho Boise (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
Changes in the law[edit]
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Idaho. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year[edit]
2022[edit]
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2021[edit]
Reclaim Idaho v. Denney[edit]On August 21, 2021, the Idaho Supreme Court ruled that Senate Bill 1110 (SB 1110), passed earlier in the year, was unconstitutional. SB 1110 was designed to change the signature distribution requirement for ballot initiatives from 6% of voters in 18 (of 35) state legislative districts to 6% of voters in all 35 legislative districts.[1] The Idaho Supreme Court held, "Ultimately, the effect of SB 1110 is to prevent a perceived, yet unsubstantiated fear of the 'tyranny of the majority,' by replacing it with an actual 'tyranny of the minority.' This would result in a scheme that squarely conflicts with the democratic ideals that form the bedrock of the constitutional republic created by the Idaho Constitution, and seriously undermines the people's initiative and referendum powers enshrined therein." While striking down SB 1110, the Court did not address the previous distribution requirement. "In so ruling, we clarify that we have not decided the question of whether section 34-1805, with its 18 legislative district requirement, is also unconstitutional," read the opinion.[1] |
2020[edit]
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2019[edit]
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2018[edit]
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2017[edit]
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2016[edit]
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2015[edit]
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2014[edit]
The following bills were introduced in the Idaho State Legislature:
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2013[edit]
Idaho senate bills 1108 and 1191 were approved in 2013.
The following bills were introduced in the Idaho State Legislature:
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2012[edit]
The following bills were introduced in the Idaho State Legislature:
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2011[edit]
No proposed changes were identified in 2011.
2010[edit]
No proposed changes were identified in 2010.
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|
State of Idaho Boise (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
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