Text of Proposed Law
Proposition One


Be It Enacted by the People of the State of Idaho:

Section 1: This act shall be known as and may be cited as The Congressional Term Limits Pledge Act of 1998.

Section 2: That Chapter 9, Title 34, Idaho Code, be, and the same is hereby amended by the addition thereof of a NEW SECTION, to be known and designated as Section 34-907B, Idaho Code, and to read as follows:

34-907B.Term Limits Pledge.

(1) The Secretary of State shall permit but not require any candidate for the United States Congress to submit to the Secretary of State an executed copy of the Term Limits Pledge set forth in subsection (2) of this section up until 15 days prior to the Secretary of State's certification of the ballot in order for the ballot information set forth in subsections (3) and (4) of this section to be included on that ballot.

(2) The Term Limits Pledge will be as set forth herein and will incorporate the applicable language in brackets, "[ ]" for the office the candidate seeks:

I voluntarily pledge not to serve in the United States [House of Representatives for more than three (3) terms] [Senate more than two (2) terms] after the effective date of this provision. I understand that informing the voters that I have taken this pledge is important to the voters. I therefore authorize, instruct and ask the Secretary of State to notify the voters of this action by placing the applicable ballot information, "Signed TERM LIMITS pledge to serve no more than [three (3) terms] [two (2) terms]" or "Broke TERM LIMITS pledge" next to my name on every election ballot and in all state sponsored voter education material in which my name appears as a candidate for the office to which the pledge refers.

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(3) The Secretary of State shall place on every election ballot and in all state sponsored voter education material the applicable ballot information, "Signed TERM LIMITS pledge to serve no more than [three (3) terms] [two (2) terms]" next to the name of any candidate for the office of United States Representative and United States Senator who has ever executed the Term Limits Pledge except when subsection (4) of this section applies.

(4) The Secretary of State shall place on every election ballot and in all state sponsored voter education material the ballot information, "Broke TERM LIMITS pledge" next to the name of any candidate who at any time executes the Term Limits Pledge and thereafter qualifies as a candidate for a term that would exceed the number of terms set forth in the Term Limits Pledge.

(5) The Secretary of State, or designated election official, at every election for U.S. Representative or U.S. Senator held after the effective date of this act, and notwithstanding the provisions of any other potential conflicting statute, including Idaho Code 18-2318 and 18-2323, shall post in a conspicuous place in every polling location a copy of the Term Limits Pledge set forth in subsection (2).

(6) For the purpose of this section, service in office for more than one-half of a term shall be deemed service for a term.

(7) The state recognized proponents and sponsors of this initiative shall have standing to defend this initiative against any challenge in any court.

(8) The Secretary of State shall implement this act by rule as long as such rules do not alter the intent of this section.

(9) If any portion, clause or phrase of this act is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses, and phrases shall not be affected, but shall remain in full force and effect.