2003 Legislation
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HOUSE BILL NO. 291 – Initiative measure/review procedure

HOUSE BILL NO. 291

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Daily Data Tracking History



H0291.........................................................by STATE AFFAIRS
INITIATIVE/REFERENDUM - Amends existing law to revise procedures for review of
initiative and referendum measures by the Attorney General; and to provide
that the ballot shall include a clear and concise statement as to the effect
of a "yes" or "no" vote, prepared jointly by the Attorney General and
Secretary of State for initiative and referendum measures.
                                                                        
02/21    House intro - 1st rdg - to printing
02/24    Rpt prt - to St Aff
03/04    Rpt out - rec d/p - to 2nd rdg
03/05    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 66-0-4
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
      Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Crow, Edmunson, Gagner, Mr. Speaker
    Floor Sponsors - Harwood & Roberts
    Title apvd - to Senate
03/11    Senate intro - 1st rdg - to St Aff
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, McKenzie, McWilliams,
      Noble, Noh, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet,
      Werk, Williams
      NAYS -- None
      Absent and excused -- Davis, Marley, Sorensen
    Floor Sponsor - Calabretta
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed
03/24    To Governor
03/27    Governor signed
         Session Law Chapter 147
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 291
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INITIATIVE AND  REFERENDUM  MEASURES;  AMENDING  SECTION  34-1809,
  3        IDAHO  CODE,  TO REVISE PROCEDURES FOR REVIEW OF INITIATIVE AND REFERENDUM
  4        MEASURES BY THE ATTORNEY GENERAL AND TO MAKE  TECHNICAL  CORRECTIONS;  AND
  5        AMENDING  SECTION 34-1810, IDAHO CODE, TO PROVIDE THAT THE ELECTION BALLOT
  6        SHALL INCLUDE A CLEAR AND CONCISE STATEMENT AS TO THE EFFECT OF A "YES" OR
  7        "NO" VOTE, PREPARED JOINTLY BY THE ATTORNEY GENERAL AND SECRETARY OF STATE
  8        FOR INITIATIVE AND REFERENDUM MEASURES AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 34-1809, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        34-1809.  REVIEW OF INITIATIVE AND REFERENDUM MEASURES BY ATTORNEY GENERAL
 13    --  CERTIFICATE OF REVIEW PREREQUISITE TO ASSIGNMENT OF BALLOT TITLE -- BALLOT
 14    TITLE -- JUDICIAL REVIEW. (1) After receiving a copy of the petition from  the
 15    secretary of state as provided in section 34-1804, Idaho Code,:
 16        (a)  Tthe  attorney  general  may  confer  with  the petitioner and shall,
 17        within twenty (20) working days from receipt thereof, review the  proposal
 18        for  matters  of  substantive import and shall recommend to the petitioner
 19        such revision or alteration of the measure as may be deemed necessary  and
 20        appropriate.
 21        (b)  The  recommendations  of  the attorney general shall be advisory only
 22        and the petitioner may accept or reject them in whole or in part.
 23        (c)  The attorney general shall issue a certificate of review to the  sec-
 24        retary  of  state certifying that he has reviewed the measure for form and
 25        style and that the recommendations thereon, if any, have been communicated
 26        to the petitioner, and such certificate shall be issued whether or not the
 27        petitioner accepts such recommendations. The certificate of  review  shall
 28        be  available  for  public  inspection  in  the office of the secretary of
 29        state.
 30        (2)  Within fifteen (15) working days after the issuance of  the  certifi-
 31    cate of review, the petitioner, if he desires to proceed with his sponsorship,
 32    shall  file  the  measure, as herein provided, with the secretary of state for
 33    assignment of a ballot title and the secretary of state shall thereupon submit
 34    to the attorney general two (2) copies of the measure filed.
 35        (a)  Within ten (10) working days after receiving said copies of the peti-
 36        tion, the attorney general shall provide a ballot titles therefor as  pro-
 37        vided  for below and return one of said copies (1) copy of the petition to
 38        the secretary of state, together with the its ballot title. so prepared by
 39        him.
 40        (b)  A copy of the ballot title as prepared by the attorney general  shall
 41        be  furnished  by the secretary of state with his the approved form of any
 42        initiative or referendum petition, as provided herein, to  the  person  or
 43        persons or organization or organizations under whose authority the measure
                                                                        
                                           2
                                                                        
  1        is initiated or referred.
  2        (c)  Said The ballot titles shall be used and printed on the covers of the
  3        petition when in circulation; the short title shall be printed in type not
  4        less  than  twenty  (20) points on the covers of all such petitions circu-
  5        lated for signatures.
  6        (d)  The ballot title shall contain:
  7             (1i)   Distinctive short title in not exceeding twenty (20) words  by
  8             which  the  measure  is  commonly  referred to or spoken of and which
  9             shall be printed in the foot margin of each signature  sheet  of  the
 10             petition.
 11             (2ii)  A  general title expressing in not more than two hundred (200)
 12             words the purpose of the measure.
 13             (iii) The ballot title shall be printed with the numbers of the  mea-
 14             sure on the official ballot.
 15        (e)  In  making  such  the ballot title the attorney general shall, to the
 16        best of his ability, give a true and impartial statement of the purpose of
 17        the measure and in such language that the ballot title shall not be inten-
 18        tionally an argument or likely to create prejudice either for  or  against
 19        the measure.
 20        (3)  Any  person  who  is  dissatisfied with the ballot title or the short
 21    title provided by the attorney general for any measure, may  appeal  from  his
 22    decision to the Ssupreme Ccourt by petition, praying for a different title and
 23    setting  forth  the  reason  why the title prepared by the attorney general is
 24    insufficient or unfair.
 25        (a)  No appeal shall be allowed from the decision of the attorney  general
 26        on  a  ballot  title unless the same is taken made within twenty (20) days
 27        after said the ballot title is filed in the office  of  the  secretary  of
 28        state;  provided  however,  that  this section shall not prevent any later
 29        judicial proceeding to determine the sufficiency of such title, nor  shall
 30        it prevent any judicial decision upon the sufficiency of such title.
 31        (b)  A copy of every such ballot title shall be served by the secretary of
 32        state  upon  the  person  offering or filing such initiative or referendum
 33        petition, or appeal. The service of such decision the ballot title may  be
 34        by  mail, or telegraph or facsimile and shall be made forthwith when it is
 35        received from the attorney general by the secretary of state.
 36        (c)  Said The Ssupreme Ccourt shall thereupon examine said  measure,  hear
 37        argument,  and in its decision thereon certify to the secretary of state a
 38        ballot title and a short title for the measure in accord with  the  intent
 39        of this section. The secretary of state shall print on the official ballot
 40        the title thus certified to him.
 41        (4)  Any  qualified  elector  of the state of Idaho may, at any time after
 42    the attorney general has issued a certificate of review, bring  an  action  in
 43    the Ssupreme Ccourt to determine the constitutionality of any initiative.
                                                                        
 44        SECTION  2.  That  Section 34-1810, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        34-1810.  PRINTING AND DESIGNATION OF BALLOT TITLES ON  OFFICIAL  BALLOTS.
 47    (1)  The  secretary of state, at the time he furnishes to the county clerks of
 48    the several counties certified copies of the names of candidates for state and
 49    district offices shall furnish to each of said county clerks a certified  copy
 50    of  the  ballot titles and numbers of the several measures to be voted upon at
 51    the ensuing general election, and he shall use for  each  measure  the  ballot
 52    title designated in the manner herein provided.
 53        (a)  Such  ballot  title  shall not resemble, so far as to probably create
                                                                        
                                           3
                                                                        
  1        confusion, any such title previously filed for any measure to be submitted
  2        at that election.
  3        (b)  The ballot shall include a clear and  concise  statement  as  to  the
  4        effect  of  a "yes" or "no" vote, prepared jointly by the attorney general
  5        and secretary of state.
  6        (2)  The secretary of state shall number the measures consecutively begin-
  7    ning with number (1), in the order in which the measures  were  finally  filed
  8    with  the  secretary.  The  measures  shall  be  designated on the ballot as a
  9    "Proposition One,", "Proposition Two," et cetera.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13020
This legislation would add a clear and concise statement to the
ballot to help the voter know what a"yes" or a "no" vote really
means.
                          FISCAL IMPACT
There would be a slight fiscal impact on the counties for
printing costs.


Contact
Name: Rep. Dick Harwood 
      Rep. Ken Roberts
Phone: 208/332-1000




STATEMENT OF PURPOSE/FISCAL NOTE        H 29