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 state of Idaho, or for any law proposed by the initiative, the person or persons or organization or organizations under whose authority the measure is to be referred or initiated shall send or deliver to the secretary of state a copy of such petition duly signed by at least twenty (20) qualified electors of the state, which shall be filed by said officer in his office, and who shall immediately transmit a copy of the petition to the attorney general for the issuance of the certificate of review as provided in section 34-1809, Idaho Code.
(2) In the case of an initiative petition, the person or persons or organization or organizations under whose authority the measure is to be initiated shall propose a funding source for the cost of implementing the measure. The proposed funding source information shall accompany a copy of the initiative when the petition is initially filed with the secretary of state under subsection (1) of this section, and whenever the petition is circulated for signatures, but the proposed funding source information shall not formally be part of the initiative and shall have no binding effect. Upon receipt of the petition and the proposed funding source information, the secretary of state shall immediately transmit a copy of the petition and proposed funding source information to the division of financial management so that it may issue a statement of fiscal impact as provided in section 34-1812, Idaho Code. The provisions of this subsection shall not apply to a city or county ballot initiative. (3) All petitions for the initiative and for the referendum and sheets for signatures shall be printed on a good quality of bond or ledger paper in the form and manner as approved by the secretary of state. To every sheet of petitioners’ signatures shall be attached a full and correct copy of the measure so proposed by initiative petition and a copy of the fiscal impact statement summary for the initiative, if applicable; but such petition may be filed by the secretary of state in numbered sections for convenience in handling. Every sheet of petitioners’ signatures upon referendum petitions shall be attached to a full and correct copy of the measure on which the referendum is demanded and may be filed in numbered sections in like manner as initiative petitions. Not more than twenty (20) signatures on one (1) sheet shall be counted. Each signature sheet shall contain signatures of qualified electors from only one (1) county.
Notes of Decisions
Idahoans for Open Primaries v. Labrador, 533 P.3d 1262 (Idaho 2023).
· cites it 2× “I.C. §§ 34-1804(1), 34-1809(1). • The Attorney General then has twenty working days to review the initiative petition “for matters of substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate.”
Labrador v. Idahoans for Open Primaries, 554 P.3d 85 (Idaho 2024).
· cites it 2× “I.C. § 34-1804(1), (2). Upon receipt of the initiative petition, the Secretary of State must file the petition in his office and immediately transmit one copy of it to the Attorney General for the issuance of a certificate of review and another copy of it to the Division of…”
Idaho Coalition United for Bears v. Cenarrussa, 342 F.3d 1073 (9th Cir. 2003).
“Idaho Code § 34-1804 . The proposed initiative is then delivered to the Secretary of State, who immediately transmits it to the Attorney General’s Office.”
Idahoans United for Women & Families v. Labrador (Idaho 2025).
· cites it 4× “I.C. § 34-1804(1). Upon receipt of the initiative petition, the Attorney General has twenty days to review the initiative, to “recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate,” and to issue a certificate of review…”
Idahoans United for Women & Families v. Labrador (Idaho 2025).
· cites it 4× “I.C. § 34-1804(1). Upon receipt of the initiative petition, the Attorney General has twenty days to review the initiative, to “recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate,” and to issue a certificate of review…”
Idahoans for Open Primaries v. Labrador (Idaho 2023).
· cites it 2× “I.C. §§ 34-1804(1), 34-1809(1). • The Attorney General then has twenty working days to review the initiative petition “for matters of substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate.”
Idaho Code § 34-1804(1): 5 cases
Idahoans for Open Primaries v. Labrador, 533 P.3d 1262 (Idaho 2023).
“I.C. §§ 34-1804(1), 34-1809(1). • The Attorney General then has twenty working days to review the initiative petition “for matters of substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate.”
Labrador v. Idahoans for Open Primaries, 554 P.3d 85 (Idaho 2024).
“I.C. § 34-1804(1), (2). Upon receipt of the initiative petition, the Secretary of State must file the petition in his office and immediately transmit one copy of it to the Attorney General for the issuance of a certificate of review and another copy of it to the Division of…”
Idahoans for Open Primaries v. Labrador (Idaho 2023).
“I.C. §§ 34-1804(1), 34-1809(1). • The Attorney General then has twenty working days to review the initiative petition “for matters of substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate.”
Idahoans United for Women & Families v. Labrador (Idaho 2025).
“I.C. § 34-1804(1). Upon receipt of the initiative petition, the Attorney General has twenty days to review the initiative, to “recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate,” and to issue a certificate of review…”
Idahoans United for Women & Families v. Labrador (Idaho 2025).
“I.C. § 34-1804(1). Upon receipt of the initiative petition, the Attorney General has twenty days to review the initiative, to “recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate,” and to issue a certificate of review…”
Idaho Code § 34-1804(2): 2 cases
Idahoans United for Women & Families v. Labrador (Idaho 2025).
“I.C. § 34-1804(1). Upon receipt of the initiative petition, the Attorney General has twenty days to review the initiative, to “recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate,” and to issue a certificate of review…”
Idahoans United for Women & Families v. Labrador (Idaho 2025).
“I.C. § 34-1804(1). Upon receipt of the initiative petition, the Attorney General has twenty days to review the initiative, to “recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate,” and to issue a certificate of review…”
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