Print Friendly HOUSE BILL NO. 291 – Initiative measure/review procedure
HOUSE BILL NO. 291
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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,
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
|||| 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) T the 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
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
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
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
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
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
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
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
There would be a slight fiscal impact on the counties for
Name: Rep. Dick Harwood
Rep. Ken Roberts
STATEMENT OF PURPOSE/FISCAL NOTE H 29