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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 receivingsaidcopies of the peti- 36 tion, the attorney general shall provideaballot titlesthereforas pro- 37 vided for below and return oneof said copies(1) copy of the petition to 38 the secretary of state,togetherwiththeits ballot title.so prepared by39him.40 (b) A copy of the ballot title as prepared by the attorney general shall 41 be furnished by the secretary of state withhisthe 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)SaidThe 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 titleinnot 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 makingsuchthe 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 personwho isdissatisfied with the ballot title or the short 21 title provided by the attorney general for any measure, may appeal from his 22 decision to theSsupremeCcourt 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 unlessthe same is takenmade within twenty (20) days 27 aftersaidthe 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 ofsuch decisionthe ballot title may be 34 by mail,ortelegraph or facsimile and shall be made forthwith when it is 35 received from the attorney general by the secretary of state. 36 (c)SaidTheSsupremeCcourt 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 theSsupremeCcourt 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 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