Idaho, USA, regional Popular or citizens initiative [PCI] - Initiative

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Idaho, USA
Political level
regional
Local Name:
Initiative
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Constitution of the State of Idaho 1890
Article III, Section 1
[...]
The people reserve to themselves the power to propose laws, and enact the same at the polls independent of the legislature. This power is known as the initiative, and legal voters may, under such conditions and in such manner as may be provided by acts of the legislature, initiate any desired legislation and cause the same to be submitted to the vote of the people at a general election for their approval or rejection.

Idaho Statutes
34-1805. SPONSORS TO PRINT PETITION — NUMBER OF SIGNERS REQUIRED. After the form of the initiative or referendum petition has been approved by the secretary of state as in sections 34-1801A through 34-1822, Idaho Code, provided, the same shall be printed by the person or persons or organization or organizations under whose authority the measure is to be referred or initiated and circulated in the several counties of the state for the signatures of legal voters. Before such petitions shall be entitled to final filing and consideration by the secretary of state there shall be affixed thereto the signatures of legal voters equal in number to not less than six percent (6%) of the qualified electors at the time of the last general election in each of at least eighteen (18) legislative districts; provided however, the total number of signatures shall be equal to or greater than six percent (6%) of the qualified electors of the state at the time of the last general election.

Source: Constitution of the State of Idaho 1890 (accessed 12 June 2017)

Subject Matter:

Enacting laws via initiative

Actors

Author:
Citizen : Petition requires at least 20 signatures before sending a copy to the secretary of state (Idaho Statutes 34-1804, accessed 14 June 2013)
Initiator:
Electorate : Petition requires signatures of 6% of the total number of qualified electors in Idaho during the last general election (Idaho Statutes, 34-1805; accessed 14 June 2013)
Decision maker:
Electorate

Requirements

Number Of Signatures:
Petition requires signatures of 6% of the total number of qualified electors in Idaho during the last general election (Idaho Statutes, 34-1805; accessed 14 June 2013)
Available Time:
18 months from the date petitioners receive the official ballot title from the secretary of state or until April 30 of the year of the next general election (Idaho Statutes, 34-1802; accessed 14 June 2013)
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention specific approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

No issues are explicitly prohibited, however the Constitution does state that gambling is "strictly prohibited" except for a state lottery, pari-mutuel betting and bingo and raffle games operated by charitable organizations. All of these have enabling legislation.

Source: Constitution of the State of Idaho 1890, Article III, Section 20 (accessed 12 June 2017)

Other Formal Requirements:

34-1804. [...]Before or at the time of beginning to circulate any petition for the referendum to the people on any act passed by the state legislature of the state of Idaho, or for any law proposed by the initiative, the person or persons or organization or organizations under whose authority the measure is to be referred or initiated shall send or deliver to the secretary of state a copy of such petition duly signed by at least twenty (20) qualified electors of the state [...]

Source: Idaho Statutes (accessed 12 June 2017)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Circulators must sign an affidavit that says "[...] I am a resident of the State of Idaho and at least eighteen (18) years of age: that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence: I believe that each has stated his or her name, post-office address and residence correctly, that each signer is a qualified elector of the State of Idaho, and a resident of the county of [...]"

Source: Idaho Statutes, 34-1807 (accessed 12 June 2017)

Wording Of Ballot Question:

34-1809
[...]
(2)(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)(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

Source: Idaho Statutes (accessed 12 June 2017)

Interaction With Authorities:

34-1802
[...]
(2) The person or persons or organization or organizations under whose authority the measure is to be initiated shall submit the petitions containing signatures to the county clerk for verification pursuant to the provisions of section 34-1807, Idaho Code. The signatures required shall be submitted to the county clerk not later than the close of business on the first day of May in the year an election on the initiative will be held, or eighteen (18) months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier.
(3) The county clerk shall, within sixty (60) calendar days of the deadline for the submission of the signatures, verify the signatures contained in the petitions, but in no event shall the time extend beyond the last day of June in the year an election on the initiative will be held.
(4) Initiative petitions with the requisite number of signatures attached shall be filed with the secretary of state not less than four (4) months before the election at which they are to be voted upon.

Source: Idaho Statutes (accessed 12 June 2017)

Supervision And Support:

34-1809
[...]
(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 [...]

Source: Idaho Statutes (accessed 12 June 2017)

Transparency And Finance:

The Idaho Secretary of State oversees campaign finance

Practice

Archive:
Remarks: