IDAHO SECRETARY OF STATE
ELECTION DIVISION


YEAR 2000 PROPOSED BALLOT INITIATIVES

Contact Person / Organization   Mr. Donald Morgan
Citizens for Term Limits
1677 E Miles #103
Hayden Lake ID  83835
(208) 772-0396
     
Status   Failed to qualify for ballot status.
     
Short Ballot Title   Initiative establishing term limits via ballot access restrictions for elected state executive, legislative and local officials; establishing local opt-out procedures.
     
Long Ballot Title   Initiative amending Idaho 34-907 to alter term limits created by ballot access restrictions by repealing term limits for members of Congress; limiting number of years an incumbent state legislator may serve in either the state house of representatives or state senate to twelve (12) of previous (15) years; establishing a local referendum procedure to allow counties to opt-out of term limits for county officials; amending Idaho Code 50-478 to establish a local referendum procedure to allow municipal corporations to opt-out of term limits for municipal officials; amending Idaho Code 33-443 to establish a local referendum procedure to allow school districts to opt-out of term limits for school district trustees; changing effective date of service counted toward term limits to December 1, 1994; and containing a severability clause.
     
Attorney General Certificate of Review   Can be viewed by following this link to the Attorney General's web site.
     
Full Text   Be Enacted by the People of the State of Idaho:

Section 1: That this act shall be known as and may be cited as the Idaho Term Limits Act of 2000.

Section 2: That Chapter 9, Title 34, Section 907, Idaho Code, be amended to replace the current Sections with NEW SECTIONS that will read as follows:

34-907. Term limits for elected state legislative and executive offices; and term limits for county offices with local resolution.

(1) A person shall not be eligible to have his or her name placed upon a special, primary or general election ballot for a county or a state legislative or executive office which they have previously held if they have served, will serve or but for resignation would have served, in the same office by the end of their current term of office for a length of time as follows:

(a) As a state elected executive official, during eight (8) or more of the previous fifteen (15) years.

(b) As a state senator or representative, representing any district within the state, during eight (8) or more of the previous fifteen (15) years, or as a member of the state legislature during twelve (12) or more of the previous fifteen (15) years.

(c) As a county commissioner, representing any district within the county, during six (6) or more of the previous eleven (11) years.

(d) As any other county elected official, during eight (8) or more of the previous fifteen (15) years.

(2) Nothing in this section shall be construed as prohibiting any qualified voter of this state from casting a ballot in a general election for any person by writing the name of that person on any ballot, or as prohibiting such a properly marked general election ballot from being counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a "write-in" campaign in a general election.

(3) A board of county commissioners may, by resolution, submit to the electors of the county at a general election, no more than every six (6) years, the question of whether limitations on the number of terms which a person may serve in the office of county commissioner should be retained for that county or whether limitations on the number of terms which a person may serve in any other county elected office should be retained for that county. The board may submit either or both questions.

(a) The form of the question(s) to be submitted by resolution of the board of county commissioners shall be as follows:

Vote for one:

In favor of retaining term limits for the office of county commissioner of (name of county).
In favor of eliminating term limits for the office of county commissioner of (name of county).

Vote for one:

In favor of retaining term limits for all other county elected offices of (name of county) other than that of county commissioner.
In favor of eliminating term limits for all other county elected offices of (name of county) other than that of county commissioner.

(b) If a majority of the votes cast are in favor of eliminating term limits for the office of county commissioner of the identified county, the provisions of subsection (1) of this section shall not apply to that office in the identified county from and after the date the election results are certified.

(c) If a majority of the votes cast are in favor of eliminating term limits for all other county elected offices of the identified county, the provisions of subsection (1) of this section shall not apply to those offices in the identified county from and after the date the election results are certified.

Section 3: That Chapter 4, Title 50, Section 478, Idaho Code, be amended to replace the current Sections with NEW SECTIONS that will read as follows:

50-478. Limitation of ballot access for multi-term incumbents and local resolution on term limits for local elected officials.

(1) A person shall not be eligible to have his or her name placed upon a special, primary or general election ballot for a city office which they have previously held if they have served, will serve or but for resignation would have served, in the same office by the end of their current term of office for a length of time as follows:

(a) As a mayor during eight (8) or more of the previous fifteen (15) years.

(b) As a member of a city council representing any district or assigned member council seat during eight (8) or more of the previous fifteen (15) years.

(2) Nothing in this section shall be construed as prohibiting any qualified voter of this state from casting a ballot in a general election for any person by writing the name of that person on any ballot, or as prohibiting such a properly marked general election ballot from being counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a "write-in" campaign in a general election.

(3) A city council may, by resolution, submit to the qualified electors of the city at a city general election, no more than every six (6) years, the question of whether limitations on the number of terms which a person may serve in a city elected office should be retained for that city.

(a) The form of the question to be submitted upon a resolution of the city council shall be as follows:

Vote for one:

In favor of retaining term limits for all elected offices of (name of city).
In favor of eliminating term limits for all elected offices of (name of city).

(b) If a majority of the votes cast are in favor of eliminating term limits, the provisions of subsection (1) of this section shall not apply to elected offices of the identified city from and after the date the election results are certified.

Section 4: That Chapter 4, Title 33, Section 443, Idaho Code, be amended to replace the current Sections with NEW SECTIONS that will read as follows:

33-443. Limitation of ballot access for multi-term incumbents and local resolution of term limits for school district trustees.

(1) A person shall not be eligible to have his or her name placed upon the school election ballot for the office of school district trustee which they have previously held if they have served, will serve or but for resignation would have served, in the same office by the end of their current term of office, representing any zone of the district, during six (6) or more of the previous eleven (11) years.

(2) Nothing in this section shall be construed as prohibiting any qualified voter of this state from casting a ballot in a general election for any person by writing the name of that person on any ballot, or as prohibiting such a properly marked general election ballot from being counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a "write-in" campaign in a general election.

(3) By resolution adopted by the board of school district trustees, a board of school district trustees may submit to the qualified electors of the district at a general election, no more than every six (6) years, the question of whether the limitations on the number of terms which a person may serve in the office of the school district trustee as provided in this section should continue to apply to the office of school district trustee for that district.

(a) The form of the question to be submitted upon a resolution of the board of school district trustees shall be as follows:

Vote for one:

In favor of retaining term limits for the office of school district trustee of (name of school district).
In favor of eliminating term limits for the office of school district trustee of (name of school district).

(b) If a majority of the votes cast are in favor of eliminating term limits, the term limits provided in this section shall not be applicable to the office of school district trustee for the identified district from and after the day the election results are certified.

Section 5: This act shall be applicable to all school district, municipal, county and state legislative and executive candidates whose elected terms of office began or begin on, or at any time after December 1, 1994. Service prior to December 1, 1994, shall not be counted for the purposes of this act. All other provisions of this act shall be in full force and effect one day after its passage by the voters of the state.

Section 6: The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision of any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.


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