Initiative Filing Requirements
Step 1: Certificate of Review Procedure
A copy of the proposed initiative or referendum petition shall be filed with the signatures of 20 qualified electors of the state in the Secretary of State’s Office. Each signature sheet shall contain signatures of qualified electors from only one (1) county. (34-1804(1), I.C.)
In the case of an initiative petition, the person or persons or organization or organizations under whose authority the measure is to be initiated shall propose a funding source for the cost of implementing the measure. The proposed funding source information shall accompany a copy of the initiative when the petition is initially filed with the secretary of state under subsection (1) of this section and whenever the petition is circulated for signatures, but the proposed funding source information shall not formally be part of the initiative and shall have no binding effect. (34-1804(2), I.C.)
The Secretary of State shall immediately transmit a copy of the proposed petition to the Attorney General for a Certificate of Review. (34-1804(1), I.C.)
The Attorney General may confer with the petitioner and shall, within 20 working days after receipt, review the proposal for substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate. (34-1809(1)(a), I.C.)
The recommendations of the Attorney General shall be advisory only, and the petitioner may accept or reject them in whole or in part. (34-1809(1)(b), I.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. Such certificate shall be issued whether or not the petitioner accepts such recommendations and shall be made available to the public in the Secretary of State’s Office. (34-1809(1)(c), I.C.)
Upon receipt of the petition and the proposed funding source information, the secretary of state shall immediately transmit a copy of the petition and proposed funding source information to the division of financial management so that it may issue a statement of fiscal impact as provided in section 34-1812, Idaho Code. The provisions of this subsection shall not apply to a city or county ballot initiative. (34-1804(2), I.C.)
Step 2: Filing Petition (In Part) After the Certificate of Review
Within 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 with the Secretary of State, who shall submit it to the Attorney General for assignment of long and short ballot titles. (34-1809(2), I.C.)
The Attorney General shall provide ballot titles within ten (10) working days of receiving the petitioners’ final proposal from the Secretary of State. (34-1809(2)(a), I.C.)
Any person dissatisfied with the ballot titles may appeal to the Supreme Court within twenty (20) days after said ballot title is filed in the office of the Secretary of State. (34-1809(3), I.C.) This shall not prevent later judicial proceedings and decisions on the sufficiency of ballot titles.
Step 3: Preparation and Circulation of the Finalized Petition
The Secretary of State shall transmit the approved form with the ballot titles to the petitioners with printing instructions and a copy of the fiscal impact statement. (34-1809(2)(b) & 34-1812(1), I.C.)
Upon receipt of ballot titles, fiscal impact statement, and approved form, the petitioner has an 18-month circulation period or April 30 in the election year the initiative will be held, whichever occurs earlier. (34-1802, and 34-1812, I.C.)
Each signature sheet shall contain signatures of qualified electors from only one (1) county. (34-1807, I.C.)
Signature gatherers must offer a copy of the initiative, the fiscal impact statement summary, and the sponsor’s proposed funding source information to the elector before signing. (34-1812(3), I.C.)
Signatures are void if the circulator is not an Idaho resident at least 18 years of age (34-1807, I.C.)
A signer may remove his or her signature from a petition prior to filing with the County Clerk by striking through his or her name. (34-1803B(1), I.C.)
Signatures are submitted to the appropriate County Clerk for verification not later than the close of business on May 1st in the year an election on the initiative will be held, or 18 months from the date the petitioner receives the official ballot title from the Secretary of State, whichever is earlier. (34-1802(2), I.C.)
The County Clerk shall strike through and not count the name of any signer whose name, address, or signature does not match those of a qualified elector of the proper jurisdiction or who has requested in writing, prior to verification, that their name be removed. (34-1807(2) and 34-1803B(2), I.C.)
The County Clerk shall verify the signatures within 60 calendar days of the deadline for the submission of the signatures, 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. (34-1802(3), I.C.)
