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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
ELECTIONS
CHAPTER 18
INITIATIVE AND REFERENDUM ELECTIONS
34-1807. Circulation of petitions — PAID signature gatherers — Verification of petition and signature sheets — certification of petition signers — Certain petitions and signatures void. (1) Any person who circulates any petition for an initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age.
(2)(a) Any person who accepts payment to circulate a petition for an initiative or referendum shall, prior to accepting a signature:
(i) Verbally notify any potential signatory that such person is accepting payment to gather signatures and provide the name of the person or entity providing payment to such person; and
(ii) Cause to be printed on each page of any petition for an initiative or referendum a prominent and legible declaration that such person is receiving payment in exchange for circulating the petition and the name of the person providing payment to such person.
(b) At all times a person is circulating a petition pursuant to paragraph (a) of this subsection, such person shall wear a badge that is clearly visible to any potential signatory and that contains the words "paid petition circulator" on it.
(c) The Idaho secretary of state shall promulgate rules to implement the provisions of this subsection, which shall provide details regarding the font specifications that shall be required for the printed declaration required under paragraph (a)(ii) of this subsection and the specifications regarding font, shape, color, and size requirements for the badge required under paragraph (b) of this subsection.
(3) Each and every sheet of every such petition containing signatures shall be verified on the face thereof in substantially the following form, by the person who circulated said sheet of said petition, by his or her affidavit thereon, and as a part thereof:
(a) For persons not accepting payment for circulating a petition:
State of Idaho )
)ss.
County of…. )
I,…., being first duly sworn, say that I am a resident of the State of Idaho and at least eighteen (18) years of age; that I have not and will not accept remuneration in any way related to the petition; that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence; that I believe that each has stated his or her name, address and residence correctly; and that each signer is a qualified elector of the State of Idaho and a resident of the county of…..
Subscribed and sworn to before me this…. day of…..
(Notary Seal)
(b) For persons accepting payment for circulating a petition:
State of Idaho )
)ss.
County of…. )
I,…., being first duly sworn, say that I am a resident of the state of Idaho and at least eighteen (18) years of age; that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence, after I verbally notified each individual signer that I will receive payment in exchange for gathering the signatures on this sheet; I believe that each has stated his or her name, address and residence correctly; that each signer is a qualified elector of the State of Idaho and a resident of the county of…..
I am accepting payment for the circulation of the foregoing petition by…. and the address of such payor is…..
Subscribed and sworn to before me this…. day of…..
(Notary Seal)
(4) In addition to said affidavit, the county clerk shall carefully examine said petitions and strike from the petition any names for which he has determined that the name, address, or signature do not match and confirm that each name, address, and signature matches those of a qualified elector of the proper jurisdiction and that the petitions conform to all other provisions of this section. The county clerk shall attach to the signature sheets a certificate to the secretary of state substantially as follows:
State of Idaho )
)ss.
County of…. )
To the Honorable…., Secretary of State for the State of Idaho: I,…., County Clerk of…. County, hereby certify that…. signatures on this petition are those of qualified electors in Legislative District Number…..
(Seal of office)
(5) The county clerk shall deliver the petition or any part thereof to the person from whom he received it with his certificate attached thereto as above provided. The forms herein given are not mandatory and if substantially followed in any petition, it shall be sufficient, disregarding clerical and merely technical error.
(6) Any petition on which signatures are obtained by a person not a resident of the state of Idaho and at least eighteen (18) years of age shall be void. The definition of resident in section 34-107, Idaho Code, shall apply to the circulators of initiative and referendum petitions.
(7) Any signature that is not a physical signature, including an electronic signature, is void.
(8) Any petition for an initiative or referendum on which signatures are obtained that is circulated in violation of the disclosure provisions provided in subsection (2) of this section is void.
History: