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H0153aaS...................................................by STATE AFFAIRS
INITIATIVE/REFERENDUM PETITIONS - Amends and repeals existing law to
provide that circulators of initiative and referendum petitions shall be
residents of the state of Idaho and shall be at least eighteen years of
age.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 65-0-5
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh, Linford, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Smith, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Watson,
Williams, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Alltus, Hansen(29), Loertscher, Trail, Wheeler
Floor Sponsor - Ellsworth
Title apvd - to Senate
02/08 Senate intro - 1st rdg - to St Aff
02/11 Rpt out - to 14th Ord
02/16 Rpt out amen - to 1st rdg as amen
02/17 1st rdg - to 2nd rdg as amen
02/18 2nd rdg - to 3rd rdg as amen
02/23 3rd rdg as amen - PASSED - 26-7-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Geddes, Ipsen, King, Lee,
McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Thorne, Twiggs, Wheeler
NAYS--Dunklin, Frasure, Hawkins, Ingram, Keough, Stennett, Whitworth
Absent and excused--Davis, Parry
Floor Sponsor - Richardson
Title apvd - to House
02/24 House concur in Senate amens - to engros
02/25 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
03/01 3rd rdg as amen - PASSED - 63-5-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Campbell, Chase, Clark, Crow, Cuddy, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
Mader, McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stone, Taylor, Tilman, Trail, Wheeler, Williams,
Wood, Zimmermann, Mr Speaker
NAYS -- Callister, Ringo, Stoicheff, Tippets, Watson
Absent and excused -- Deal, Marley
Floor Sponsor - Ellsworth
Title apvd - to enrol
03/02 Rpt enrol - Sp signed
03/03 Pres signed
03/04 To Governor
03/08 Governor signed
Session Law Chapter 47
Effective: 03/08/99
H0153|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 153, As Amended in the Senate BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO CIRCULATORS OF INITIATIVE AND REFERENDUM PETITIONS; AMENDING SEC- 3 TION 34-1807, IDAHO CODE, TO PROVIDE THAT CIRCULATORS OF INITIATIVE AND 4 REFERENDUM PETITIONS SHALL BE RESIDENTS OF THE STATE OF IDAHO AND SHALL BE 5 AT LEAST EIGHTEEN YEARS OF AGE; REPEALING SECTION 34-1814A, IDAHO CODE; 6 AND DECLARING AN EMERGENCY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 34-1807, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 34-1807. CIRCULATION OF PETITIONSBY QUALIFIED ELECTORS-- 11 VERIFICATION OF PETITION AND SIGNATURE SHEETS -- COMPARISON OF SIGNATURES WITH 12 REGISTRATION OATHS AND RECORDS -- CERTAIN PETITIONS AND SIGNATURES VOID. Any 13 person who circulates any petition for an initiative or referendum shall be a 14qualified electorresident of the state of Idaho 15 and at least eighteen (18) years of age . Each and every sheet 16 of every such petition containing signatures shall be verified on the face 17 thereof in substantially the following form, by the person who circulated said 18 sheet of said petition, by his or her affidavit thereon, and as a part 19 thereof: 20 State of Idaho, 21 ss. 22 County of .... 23 I, ...., being first duly sworn, say: That I am aqualified elector24resident of the State of Idaho and at least eighteen 25 (18) years of age : that every person who signed this sheet of the fore- 26 going petition signed his or her name thereto in my presence: I believe that 27 each has stated his or her name, post-office address and residence correctly, 28 that each signer is a qualified elector of the State of Idaho, and a resident 29 of the county of .... 30 Signed.... 31 Post-office address .... 32 Subscribed and sworn to before me this .... day of ......... 33 (Notary Seal) Notary Public.... 34 Residing at .... 35 In addition to said affidavit the county clerk shall carefully examine 36 said petitions and shall attach to the signature sheets a certificate to the 37 secretary of state substantially as follows: 38 State of Idaho 39 ss. 40 County of .... 41 To the honorable ...., Secretary of State for the State of Idaho: I, ...., 42 County Clerk of .... County, hereby certify that .... signatures on this 43 petition are those of qualified electors. 2 1 Signed .... 2 County Clerk or Deputy. 3 (Seal of office) 4 The county clerk shall deliver the petition or any part thereof to the 5 person from whom he received it with his certificate attached thereto as above 6 provided. The forms herein given are not mandatory and if substantially fol- 7 lowed in any petition, it shall be sufficient, disregarding clerical and 8 merely technical error. 9 Any petition upon which signatures are obtained by a person not a10qualified electorresident of the state of Idaho and 11 at least eighteen (18) years of age, shall be void. The defini- 12 tion of resident in section 34-107, Idaho Code, shall apply to the circulators 13 of initiative and referendum petitions. In addition to to being a resident, a 14 petition circulator shall be at least eighteen (18) years of age. 15 SECTION 2. That Section 34-1814A, Idaho Code, be, and the same is hereby 16 repealed. 17 SECTION 3. An emergency existing therefor, which emergency is hereby 18 declared to exist, this act shall be in full force and effect on and after its 19 passage and approval.
AH0153|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Richardson Seconded by Sorensen IN THE SENATE SENATE AMENDMENT TO H.B. NO. 153 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 13 following "Idaho" insert: " 3 and at least eighteen (18) years of age "; and in line 21 following 4 "Idaho" insert: " and at least eighteen (18) years of age ". 5 On page 2, in line 6 following "Idaho" insert: " and at least eigh- 6 teen (18) years of age, "; and in line 8 following " petitions. 7 " insert: " In addition to being a resident, a petition circulator 8 shall be at least eighteen (18) years of age. ". 9 CORRECTION TO TITLE 10 On page 1, in line 4 following "IDAHO" insert: "AND SHALL BE AT LEAST 11 EIGHTEEN YEARS OF AGE".
STATEMENT OF PURPOSE
RS08750
This repeals the requirement that an initiative petition circulator must be a registered voter, and
repeals any reference to identifying a paid circulator. A petition circulator would now only be
required to be an Idaho resident.
These changes are necessary to comply with the recent U.S. Supreme Court ruling in Buckley v.
American Constitutional Law Foundation.
FISCAL NOTE
None.
CONTACT: Ben Ysursa, Chief Deputy, SOS334-2852
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 153