Laws governing local ballot measures in Idaho

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

Idaho Constitution
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All local governments in Idaho have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Idaho. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 44 counties, 199 cities, towns, and villages, and 807 special districts.

School districts

See also: School bond and tax elections in Idaho

School bond and tax elections in Idaho happen under two circumstances: to issue new bonding or to exceed the state's debt limit. Regular school districts cannot have bonds that exceed more than five percent of the district's debt valuation while special districts are limited to two percent. Elections can be held normally during a statewide primary or general election which can be held during the First Tuesday after the first Monday in November and the fourth Tuesday in May every two even numbered years.

Local recall rules

The citizens of Idaho are granted the authority to perform a recall election by the Article VI, Section 6 to all elective officers (excepting judicial officers).

For additional detail, see Laws governing recall in Idaho

Initiative process availability

The initiative and referendum process is mandated for all general law cities and counties and guidelines for the process are established by state law to a large degree of specificity. Idaho State Statutes Title 34 Ch. 18 lays out laws regarding initiative and referendum elections. These statutes apply to all counties as all are general law counties.

Of the 200 cities, 199 of them are general law and thus fall under this mandate. Bellevue, the one charter city, has initiative and referendum in its charter and the rules and procedures are very similar to the state mandated rules and procedures.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Mention of the powers of Initiative and Referendum were not found in the Idaho State Constitution.

Statutes

A guide to local ballot initiatives

Initiative and Referendum for Cities   Cities, Title 34, Chapter 18: “ Each city shall allow direct legislation by the people through the initiative and referendum. Cities shall follow the procedures set forth in this chapter subject to the following provisions: (1) The city attorney shall perform the duties assigned to the attorney general. (2) The city clerk shall perform those duties assigned to the secretary of state. (3) City initiative and referendum elections shall be held on the Tuesday following the first Monday in November in odd-numbered years. (4) An action brought pursuant to section 34-1809, Idaho Code, challenging the ballot title or short title shall be brought in the district court in the county in which the city is located. (5) Pursuant to section 34-1809, Idaho Code, the city attorney shall prepare recommendations concerning revision of the initiative or referendum, issue a certificate of review to the city clerk, and shall prepare the ballot title and short title. (6) To be eligible to sign a petition for city initiative or referendum a person shall be a qualified elector of the city at the time of signing thereon. (7) To perfect a petition for city initiative or referendum the petition shall have signatures from at least twenty percent (20%) of the total number of qualified electors voting in the last general city election in November of an odd-numbered year. (8) The provisions of section 34-1805, Idaho Code, relating to the number of required signatures and geographic distribution of signatures shall not apply to city initiative or referendum. (9) Any person who circulates a petition for city initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age, and pursuant to section 34-1807, Idaho Code, shall certify their belief that each signer of the petition is a qualified elector of the state of Idaho and the city. (10) A copy of all petitions and signature sheets shall be kept by the city clerk as a public record. (11) The prospective petition for referendum, as provided by section 34-1804, Idaho Code, shall be filed not more than sixty (60) days following publication of the adopted ordinance as provided by section 50-901, Idaho Code. (12) The deadline for submission of signatures to the city clerk is one hundred eighty (180) days after the petitioners for initiative or referendum receive the official ballot title from the city clerk, or April 30 of the year of the initiative or referendum election, whichever is earlier. (13) Petitioners must submit the signed initiative or referendum petitions to the county clerk for verification not later than the close of business on the first day of May in the year of the initiative or referendum election, or one hundred eighty (180) days after the petitioners receive the official ballot title from the city clerk, whichever is earlier. (14) The county clerk has sixty (60) calendar days to verify the signatures as provided in subsection (3) of section 34-1802, Idaho Code. (15) The city council shall have the option to adopt the ordinance proposed by initiative within thirty (30) days after the notification pursuant to section 34-1807, Idaho Code, provided that the petition has the required number of signatures. The city council shall hold a public hearing on the proposed ordinance within the thirty (30) day period, preceded by legal notice published once in the official city newspaper at least seven (7) days preceding the hearing. If the ordinance is not adopted by the council by the end of the thirty (30) day period, the initiative shall be put on the ballot. (16) As provided by sections 34-1812A through 34-1812C, Idaho Code, a voters' pamphlet shall be prepared by the city clerk. (17) To be passed into law an initiative or referendum shall be approved by a majority of the votes cast on the measure. (18) The mayor shall issue the proclamation provided by section 34-1813, Idaho Code. (19) The city clerk shall publish an ordinance adopted by initiative or referendum within thirty (30) days after the proclamation by the mayor provided in subsection (18) of this section. (20) All city ordinances setting forth procedures for initiative or referendum are void on July 1, 2015. (21) This section does not apply to bond elections. (22) This section does not apply to any local zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67, Idaho Code. ”

Initiative and Referendum for Counties   Counties, Title 31 Ch. 7: “ 34-1801C. INITIATIVE AND REFERENDUM PROCEDURES FOR COUNTIES. Each county shall allow direct legislation by the people through the initiative and referendum. Counties shall follow the procedures set forth in this chap27 ter subject to the following provisions: (1) The county prosecuting attorney shall perform the duties assigned to the attorney general. (2) The county clerk shall perform those duties assigned to the secre31 tary of state. (3) County initiative and referendum elections shall be held pursuant to section 34-106(8), Idaho Code. (4) Pursuant to section 34-1809, Idaho Code, the county prosecuting attorney shall prepare recommendations concerning revision of the initiative or referendum, issue a certificate of review to the county clerk and prepare the ballot title and short title. (5) An action brought pursuant to section 34-1809, Idaho Code, challenging the ballot title or short title shall be brought in the district court of the county. (6) To be eligible to sign a petition for county initiative or referendum, a person shall be a qualified elector of the county at the time of signing the petition. (7) To perfect a petition for county initiative or referendum, the petition shall have signatures from at least twenty percent (20%) of the total number of qualified electors voting in the last general county election in November of an even-numbered year. (8) The provisions of section 34-1805, Idaho Code, relating to the num2 ber of required signatures and geographic distribution of signatures shall not apply to a county initiative or referendum. (9) Any person who circulates a petition for county initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age, and pursuant to section 34-1807, Idaho Code, shall certify his belief that each signer of the petition is a qualified elector of the state of Idaho and the county. (10) A copy of all petitions and signature sheets shall be kept by the county clerk as a public record. (11) The prospective petition for referendum, as provided by section 12 34-1804, Idaho Code, shall be filed no more than sixty (60) days following publication of the adopted ordinance as provided by section 31-715, Idaho Code. (12) Petitioners must submit the signed initiative or referendum petitions to the county clerk for verification no later than one hundred eighty (180) days after the petitioners receive the official ballot title from the county clerk, or one hundred eighty (180) days before the election at which the initiative or referendum is to be voted on, whichever is earlier. (13) The county clerk has sixty (60) calendar days to verify the signatures as provided in section 34-1802(3), Idaho Code. (14) The board of county commissioners shall have the option to adopt the ordinance proposed by initiative within thirty (30) days after the notification pursuant to section 34-1807, Idaho Code, provided that the petition has the required number of signatures. The board of county commissioners shall hold a public hearing on the proposed ordinance within the thirty (30) day period, preceded by legal notice published once in the county at least seven (7) days preceding the hearing. If the ordinance is not adopted by the board of county commissioners by the end of the thirty (30) day period, the initiative shall be put on the ballot. (15) As provided by sections 34-1812A through 34-1812C, Idaho Code, a voters' pamphlet shall be prepared by the county clerk. (16) To be passed into law, an initiative or referendum shall be approved by a majority of the votes cast on the measure. (17) The board of county commissioners shall issue the proclamation provided by section 34-1813, Idaho Code. (18) The county clerk shall publish an ordinance adopted by initiative or referendum within thirty (30) days after the proclamation by the board of county commissioners provided in subsection (17) of this section. (19) All county ordinances setting forth initiative or referendum procedures are void on July 1, 2018. (20) This section does not apply to bond elections. (21) This section does not apply to zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67, Idaho Code. ”

Initiative process features

The cities are expected to have initiative and referendum laws similar to those found in State Law above. Below are the individual city code for ordinance initiative and referendum as given partly by the state code and partly by individual city charters.

County and city

Special Elections

Rules and dates for special elections:   Title 34, Ch. 1: “ 34-106. Limitation upon elections. On and after January 1, 2011, notwithstanding any other provisions of the law to the contrary, there shall be no more than two (2) elections conducted in any county in any calendar year, except as provided in this section, and except that elections to fill vacancies in the United States house of representatives shall be held as provided in the governor's proclamation. (1) The dates on which elections may be conducted are: (a) The third Tuesday in May of each year; and (b) The Tuesday following the first Monday in November of each year. (c) In addition to the elections specified in paragraphs (a) and (b) of this subsection (1) and subsection (7) of this section, an emergency election may be called upon motion of the governing board of a political subdivision. An emergency exists when there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for a national or local defense, or it is necessary to do emergency work to safeguard life, health or property. (8) A city initiative or referendum election shall be held on the Tuesday following the first Monday in November of odd-numbered years. A county initiative or referendum election or a bond, levy and any other ballot question elections conducted by any political subdivision shall be held on the nearest date authorized in subsection (1) of this section which falls more than sixty (60) days after the clerk of the political subdivision orders that such election shall be held in May or November of even-numbered years or more than fifty (50) days after the order for all other elections, unless otherwise provided by law. Ballot language for any question to be placed on the ballot shall be submitted to the county clerk at least sixty (60) days before an election held in May or November of even-numbered years and at least fifty (50) days before all other elections. ”

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

Initiative is available in all of the top 10 most populated cities as required by state law above. The cities are expected to have clarifying initiative and referendum laws similar to those found in State Law above. Below are the individual city code for ordinance initiative and referendum as given partly by the state code and partly by individual city codes.

Individual city provisions   Boise Population as of the July, 2011 census update: 210,145. Boise is a general law city. Boise has a signature requirement for valid petitions of 20% of the registered voters from the last municipal general election. The Petition layout and form are determined partially by city and state code and partially by the city clerk. Once the clerk has approved the form of the petition, circulators have a 75 day time restriction for circulating the petition. If they are successful in gathering enough signatures the ordinance goes to legislature for approval, then to the ballot. Boise City Code Nampa Population as of the July, 2011 census update: 82,755. Nampa is a general law city. Nampa has laws very similar to Boise for its ordinance initiative and referendum. Its signature requirement for a valid petition is also 20% of the registered voters from the last municipal general election and the form, layout and information of the petition are also determined in part by code and in part by the city clerk. However, circulators have only a 60 day time restriction from after the form of the petition is approved. Nampa City Code Meridian Population as of the July, 2011 census update: 76,750. Meridian is a general law city. Meridian requires 20% of registered voters at the last general election in the city for a valid petition and, as in state law, the time restriction for the petition is either 18 months after receiving the ballot title, or until April 30 on the year of the next general election, whichever comes earlier. The petition layout and information on the petition is determined by code and once a petition is validated it must go to the ballot if not adopted by the city. Meridian City Code Idaho Falls Population as of the July, 2011 census update: 57,646. Idaho Falls is a general law city. Idaho Falls' city code has subject restrictions for initiative and referendum petitions on any measure pertaining to issuance of bonds, tax levies, fiscal appropriations, planning or zoning matters, matters involving administrative discretion or any other matter in conflict with the Constitution and laws of the State of Idaho. The code establishes that the initiative and referendum be limited to legislative matters and shall not be used to impair any vested contract or property right or deprive any person of due process of law. The signature requirement for Idaho Falls is 20% of voters at the last general election of the city. Idaho Falls also specifies that the circulator of any petition must be a qualified elector of the city. The layout and information of the petition is established partly by code and partly by the city clerk. Once a petition is certified as sufficient, the initiative or referendum goes to the ballot, unless passed without alteration within twenty days. Idaho Falls City Code Pocatello Population as of the July, 2011 census update: 54,810. Pocatello is a general law city. The signature requirement for a sufficient petition is 20% of voters who cast votes at last general election of the city. The circulator, who must be a resident of Idaho and at least 18 years of age, has 75 days after approval of the form of the petition for circulation. The initiative or referendum goes to the ballot, unless it is passed with no substantial difference within thirty days of certification of the sufficiency of the petition. Pocatello City Code Caldwell Population as of the July, 2011 census update: 46,905. Caldwell is a general law city. Caldwell requires 20% of voters who cast votes at the last general election of the city for a valid petition. It enforces a 75 day time restriction after the approval of the form of the petition and upon the certification of sufficiency the ordinance goes to the ballot unless it is passed without any substantial differences within 30 days. Caldwell City Code Coeur d'Alene Population as of the July, 2011 census update: 44,962. Coeur d'Alene is a general law city. Coeur d'Alene also has 20% signature requirement, but it is 20% of voters who actually cast votes at the last general election of the city. The circulator must be a resident of the city and at least 18 years of age. After the approval of the form of the petition, the layout and information of which is determined by code and by the city clerk, the circulator has a sixty day time restriction. The ordinance goes to the legislature for passage, then to the ballot if not passed in substantially the same form within thirty days. Coeur d'Alene City Code Twin Falls Population as of the July, 2011 census update: 44,564. Twin Falls is a general law city. The signature requirement for a petition in Twin Falls is 20% of voters registered to vote at the last general election of the city. Lewiston Population as of the July, 2011 census update: 32,119. Lewiston is a general law city. No process specific to Lewiston was found. Post Falls Population as of the July, 2011 census update: 28,104. Post Falls is a general law city. Post Falls gives circulators the time restriction of 60 days from approval of the form of the petition. The layout and information required on the petition is determined partly by code and partly by the city clerk. Once the petition is certified as sufficient, the ordinance goes to the ballot unless passed without any substantial differences within thirty days. Post Falls City Code

External links

• Initiative and Referendum Types and Numbers Research Spreadsheet
• Initiative and Referendum Laws by State Research Spreadsheet
• Idaho Initiative and Referendum Research Document
• Idaho State Statutes