Laws governing ballot measures in the U.S.

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Laws governing ballot measures in the U.S.

Changes to laws governing ballot measures

Types of ballot measures

Ballot measure policy topics

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This page describes the state constitutional provisions and statutes that govern local ballot measures in Idaho. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

• Laws addressing local ballot measure powers in Idaho
• General requirements for local ballot measures
• Rules for citizen-initiated local ballot measures
• Rules for referred local ballot measures

Law

The Idaho Constitution and the Idaho State Code establish the rules that govern local ballot measures in the state.

• Constitution:Article VIII, Section 3
• Statute:Title 34, Chapter 18, Section 1801-B,Section 1801-C andTitle 34, Chapter 1, Section 106

General

The following outlines the general rules that govern local ballot measures in Idaho, including both citizen-initiated measures and referred measures from local government bodies.

• Election timing:
  • Referred measures: Bond issues, tax levies, and other referred measures can be placed on the ballot at an election on the third Tuesday in May in any year, the Tuesday following the first Monday in November in any year, or at an emergency election called by the governing board of the county.^[1] A ballot measure that would remove a county seat must be placed on the ballot at a general election.^[2] A ballot measure that would consolidate counties must be placed on the ballot at the November general election.^[3]
  • Citizen-initiated measures: Initiatives and referendums in a city must be placed on the ballot in odd numbered years on the Tuesday following the first Monday in November.^[4] Initiatives and referendums in a county can be placed on the ballot at an election on the third Tuesday in May in any year, the Tuesday following the first Monday in November in any year, or at an emergency election called by the governing board of the county.^[1]

• Vote requirements: City and county initiatives and referendums must be approved by a simple majority of voters.^[4][5] Local ballot measures that would create a debt or liability, such as by the issuance of bonds, must be approved bytwo-thirds of all people voting on the measure. However, bonds that would fundwater and sewage infrastructure,county pollution control facilities, orcity electric facilities may be approved by a simple majority of voters. A measure that would annex a portion of one county into another county must be approved by a majority of voters.^[6] Most local option city measures that would levy a tax on short-term occupancy stays, liquor by the drink and sold for consumption on the premises, or on sales and use of services must be approved by 60% of voters, but some local option taxes inresort cities need only be approved by a simple majority of voters.^[7][8]

• Required ballot measures: Measures that would create adebt or liability, such as by the issuance of bonds, must be approved by voters. Port districts are exempt from this requirement. Property tax levies, which would provide supplemental funding for public school maintenance and operations, must be approved by a majority of voters.^[9]

• Restricted topics: City and county initiatives and referendums may not address local zoning legislation.^[4][5]

Initiatives

The following outlines the general rules that govern local citizen-initiated ballot measures in Idaho.

• Authority: Idaho state law mandates that cities and counties in Idaho allow voters to initiate laws and file veto referendums.^[4][5]

• Deadlines:
  • Counties:
    • Veto referendums: For veto referendums in a city or county, petitions must be filed within 60 days after the targeted ordinance is passed.^[4][5] Signatures for a veto referendum in a county must be submitted within 180 days after the official ballot title is issued by the city clerk or 180 days before the election, whichever is earlier.^[5]
    • Citizen-initiated laws: Signatures for an initiative in a county must be submitted within 180 days after the official ballot title is issued by the city clerk or 180 days before the election, whichever is earlier.^[5] Signatures supporting a measure that would permit or prohibit the sale of table or dessert wine in a county must be submitted to the county clerk within 180 days after the measure was approved to gather signatures.^[10] If, after petitioners submit the signatures, the county clerk declares the number to be insufficient, petitioners then have an additional 60 days to submit more signatures in support of the measure.^[10] A petition that would consolidate counties may gather signatures between six months and 90 days before the November general election.^[11] Such a petition must be submitted to the district court clerk at least 80 days before the election.^[11]
  • Cities:
    • Veto referendums: Signatures for a veto referendum in a city must be submitted within 180 days after the official ballot title is issued by the city clerk or by April 30th before the election, whichever is earlier.^[4]
    • Citizen-initiated laws: Signatures for an initiated measure in a city must be submitted within 180 days after the official ballot title is issued by the city clerk or by April 30th before the election, whichever is earlier.^[4]

• Signatures:
  • Counties:
    • Veto referendums: For veto referendums in a county, a petition must be signed by 20% of voters in the last general county election in November of an even-numbered year.^[5]
    • Citizen-initiated laws: For initiatives in a county, a petition must be signed by 20% of voters in the last general county election in November of an even-numbered year.^[5] A ballot measure that would permit or prohibit the sale of table or dessert wine in a county must be signed by 20% of voters in the last general election.^[10] A petition that would remove a county seat must be signed by a majority of voters voting at the last general election.^[12] A petition that would consolidate counties must be signed by a number of voters in the proposed county equal to two-thirds of the total number of votes cast in the last general election.^[11]
  • Cities:
    • Veto referendums: For veto referendums in a city, a petition must be signed by 20% of voters in the last general city election in November of an odd-numbered year.^[4]
    • Citizen-initiated laws: For initiatives in a city, a petition must be signed by 20% of voters in the last general city election in November of an odd-numbered year.^[4]

Referrals

The following outlines additional rules that govern local referred ballot measures in Idaho.

• Authority: A city council can place a measure on the ballot that would make additional appropriations not originally included in the yearly budget.^[13] School districts and special districts can place a bond issue on the ballot for voters to decide.^[14] A board of county commissioners can place a measure on the ballot that would permit or prohibit the sale of table or dessert wine in the county.^[10] A board of county commissioners can place a measure on the ballot that would annex a portion of one county into another county.^[6] City governments can place a measure on the ballot that would levy a tax on short-term occupancy stays, liquor by the drink and sold for consumption on the premises, or on sales and use of services.^[7]

• Deadlines: To place a measure on the ballot at an election, the ballot language must be submitted to the county clerk no later than the tenth Friday before the election.^[1] To place a city bond issue on the ballot, the city clerk must announce and order the bond issue election at least 45 days before the election date.^[15]

Laws governing local ballot measures in the U.S.

External links

• Idaho Statutes
• Idaho Election Calendar
• Vote Idaho - What's On The Ballot

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, Idaho
• Counties in Idaho

Footnotes