Title 34 — ELECTIONS

34-1801. Statement of legislative intent and legislative purpose. The legislature of the state of Idaho finds that there have been incidents of fraudulent and misleading practices in soliciting and obtaining signatures on initiative or referendum petitions, or both, that false si…

34-1801A. Petition. (1) An initiative petition shall embrace only one (1) subject and matters properly connected with it. (2) The following shall be substantially the form of petition for any law proposed by the initiative: WARNING It is a felony for anyone to sign any initiative…

34-1801B. initiative and referendum procedures for cities. 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 p…

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 chapter subject to the following provisions: (1) The county prosecut…

34-1802. Initiative petitions — Time for gathering signatures — Time for submission of signatures to the county clerk — Time for filing. (1) Except as provided in section 34-1804, Idaho Code, petitions for an initiative shall be circulated and signatures obtained beginning upon t…

34-1803. Referendum petitions — Time for filing — When election held — Effective date of law. Referendum petitions with the requisite number of signatures attached, as verified by county clerks pursuant to section 34-1807, Idaho Code, shall be filed with the secretary of state no…

34-1803B. Initiative and referendum petitions — Removal of signatures. (1) The signer of any initiative or referendum petition may remove his or her own name from the petition by crossing out, obliterating or otherwise defacing his or her own signature at any time prior to the ti…

34-1804. initial filing of ballot measure — Printing of petition and signature sheets — proposed funding and fiscal information. (1) Before or at the time of beginning to circulate any petition for the referendum to the people on any act passed by the state legislature of the sta…

34-1805. Sponsors to print petition — Number of signers required. (1) After the form of the initiative or referendum petition has been approved by the secretary of state as provided in sections 34-1801A through 34-1822, Idaho Code, the same shall be printed by the person or perso…

34-1806. Binding of petition and signature sheets — Approved measures to be printed with session laws. When any such initiative or referendum petition shall be offered for filing the secretary of state shall detach the sheets containing the signatures and affidavits and cause the…

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…

34-1808. Filing of petition — Mandate — Injunction. If the secretary of state shall refuse to accept and file any petition for the initiative or for the referendum with the requisite number of signatures of qualified electors thereto attached, any citizen may apply, within ten (1…

34-1809. Review of initiative and referendum measures by attorney general — Certificate of review prerequisite to assignment of ballot title — Ballot title — Judicial review. (1) After receiving a copy of the petition from the secretary of state as provided in section 34-1804, Id…

34-1810. Printing and designation of ballot titles on official ballots. (1) The secretary of state, at the time he furnishes to the county clerks of the several counties certified copies of the names of candidates for state and district offices shall furnish to each of said count…

34-1811. Manner of voting — Procedure when conflicting measures approved. The manner of voting upon measures submitted to the people shall be the same as is now or may be required and provided by law; no measure shall be adopted unless it shall receive an affirmative majority of …

34-1812. fiscal impact statements. (1) After receiving a copy of an initiative petition from the secretary of state as provided in section 34-1804, Idaho Code, the division of financial management, in consultation with any other appropriate state or local agency, shall prepare an…

34-1812A. Arguments concerning initiative and referendum measures. Any voter or group of voters may on or before July 31 prepare and file an argument, not to exceed five hundred (500) words, for or against any measure. Such argument shall not be accepted unless accompanied by the…

34-1812B. Submission of rebuttal arguments. When the secretary of state has received the arguments which will be printed in the voters’ pamphlet, the secretary of state shall immediately send copies of the arguments in favor of the proposition to the authors of the arguments agai…

34-1812C. Voters’ pamphlet. (1) Not later than September 25 before any regular general election at which an initiative or referendum measure is to be submitted to the people, the secretary of state shall cause to be printed a voters’ pamphlet which shall contain the following: (a…

34-1813. Counting, canvassing and return of votes — effective dates. (1) The votes on measures and questions shall be counted, canvassed, and returned by the regular boards of judges, clerks, and officers, as votes for candidates are counted, canvassed, and returned, and the abst…

34-1814. Who may sign petition — Effect of wrongful signing — Penalty for wrongful signing. Every person who is a qualified elector of the state of Idaho may sign a petition for the referendum or for the initiative for any measure which he is legally entitled to vote upon. Any pe…

34-1815. False statements spoken or written concerning petition unlawful — Failure to disclose material provisions. It shall be unlawful for any person to wilfully or knowingly circulate, publish or exhibit any false statement or representation, whether spoken or written, or to f…

34-1816. Filing petition with false signatures unlawful. It shall be unlawful for any person to file in the office of any officer provided by law to receive such filing any petition mentioned in sections 34-1801—34-1822, to which is attached, appended or subscribed any signature …

34-1817. Circulating petition with false, forged or fictitious names unlawful. It shall be unlawful for any person to circulate or cause to be circulated any petition mentioned in sections 34-1801—34-1822, knowing the same to contain false, forged or fictitious names.

34-1818. False affidavit by any person unlawful. It shall be unlawful for any person to make any false affidavit concerning any petition mentioned in sections 34-1801—34-1822, or the signatures appended thereto.

34-1819. False return, certification or affidavit by public official unlawful. It shall be unlawful for any public official or employee knowingly to make any false return, certification or affidavit concerning any petition mentioned in sections 34-1801—34-1822, or the signatures …

34-1820. Signing more than once or when not qualified unlawful. It shall be unlawful for any person to knowingly sign his own name more than once to any petition mentioned in sections 34-1801—34-1822, or to sign his name to any such petition knowing himself at the time of such si…

34-1821. Felonious acts enumerated. It shall be a felony for any person to offer, propose or threaten to do any act mentioned in this section of or concerning any petition mentioned in sections 34-1801—34-1822, for any pecuniary reward or consideration: (a) To offer, propose, thr…

34-1822. Penalty for violations. Any person, either as principal or agent, violating any of the provisions of sections 34-1801—34-1822 shall be punished upon conviction by imprisonment in the penitentiary or in the county jail not exceeding two (2) years, or by a fine not exceedi…

34-1823. Severability. In the event that any part of chapter 18, title 34, Idaho Code, shall for any reason be determined void or unenforceable in any part thereof, the remainder thereof shall remain in full force and effect.