TITLE 34

ELECTIONS

CHAPTER 9

BALLOTS

34-913.  disclosures in elections to authorize bonded indebtedness. (1) Notwithstanding any other provision of law, on and after July 1, 2021, any taxing district that proposes to submit any question to the electors of the district that would authorize any bonded indebtedness must provide a brief official statement setting forth in simple, understandable language information on the proposal substantially as follows:

(a)  The purpose for which the bonds are to be used, including but not necessarily limited to a description of the facility or project that will be financed, in whole or in part, by the sale of the bonds; the date of the election; and the principal amount of the bonds to be issued;

(b)  The anticipated interest rate on the proposed bonds based on current market rates and a maximum interest rate if a maximum is specified in the question to be submitted to electors;

(c)  The total amount to be repaid over the life of the bonds based on the anticipated interest. Such total shall reflect three (3) components: a total of the principal to be repaid; a total of the interest to be paid; and the sum of both;

(d)  The estimated average annual cost to the taxpayer of the proposed bond, in the format of "A tax of $_____ per $100,000 of taxable assessed value, per year, based on current conditions";

(e)  The length of time, reflected in months or years, in which the proposed bonds will be paid off or retired;

(f)  The total existing indebtedness, including interest accrued, of the taxing district; and

(g)  If the ballot question or official statement includes information regarding guaranteed state tax relief funds of a specific dollar amount, including school district facilities funds, and such state tax relief funds will expire at a future date, the ballot question or official statement shall disclose the year such state tax relief funds are scheduled to expire using the following language: "such state tax relief funds are currently only guaranteed through ". No ballot question or official statement shall include any information regarding state tax relief funds, unless a specific dollar amount of such funds is guaranteed to the taxing district.

(2) (a)  The formula for calculating the estimated average annual cost to the taxpayer shall be as follows:

((Bond Total/Taxable Value) x 100,000)/Duration = estimated average annual cost to taxpayer; and

(b)  The elements of which are defined as:

(i)   "Bond total" means the total amount to be bonded, from subsection (1)(c) of this section as based on the anticipated interest rate in subsection (1)(b) of this section;

(ii)  "Duration" means the time, in years, specified in subsection (1)(e) of this section; and

(iii) "Taxable value" means the most recent total taxable value for property for the applicable taxing district, which shall be obtained from the applicable county treasurer or assessor’s office.

(3)  The official statement must be made a part of the ballot and placed above the location on the ballot where a person casts a vote and must be included in the official notice of the election.

(4)  In order to be binding, a ballot question to authorize a bond must include the information and language required by this section in its official statement.

(5)  Any mass communication, whether in printed, audio, visual, or electronic form or any other medium, sent by a taxing district to twenty (20) or more voters and any media presented by a taxing district for public viewing, including posters, websites, or social media, regarding its proposed bond must include the information required by subsection (1)(b) through (g) of this section.

(6)  Upon a determination by a court, pursuant to section 34-2001A, Idaho Code, that the taxing district failed to comply with the provisions of this section, the court must declare the outcome of the ballot question invalid and award court costs and fees to the prevailing party.

History:

[34-913, added 2021, ch. 288, sec. 3, p. 863; am. 2023, ch. 282, sec. 1, p. 842; am. 2024, ch. 84, sec. 1, p. 380.]