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 (10) days after such refusal to the district court for a writ of mandamus to compel him to do so. If it shall be decided by the court that such petition is legally sufficient, the secretary of state shall then file it, with a certified copy of the judgment attached thereto, as of the date on which it was originally offered for filing in his office. On a showing that any petition filed is not legally sufficient, the court may enjoin the secretary of state and all other officers from certifying or printing on the official ballot for the ensuing election the ballot title and numbers of such measure. All such suits shall be advanced on the court docket and heard and decided by the court as quickly as possible. Either party may appeal to the Supreme Court within ten (10) days after a decision is rendered. The district court of the fourth judicial district of the state of Idaho in and for Ada County shall have jurisdiction in all cases of measures to be submitted to the qualified electors of the state at large.
History:
[34-1808, added 1933, ch. 210, sec. 8, p. 431; am. 1988, ch. 48, sec. 5, p. 70.]
Structure Idaho Code
Chapter 18 - INITIATIVE AND REFERENDUM ELECTIONS
Section 34-1801 - STATEMENT OF LEGISLATIVE INTENT AND LEGISLATIVE PURPOSE.
Section 34-1801B - INITIATIVE AND REFERENDUM PROCEDURES FOR CITIES.
Section 34-1801C - INITIATIVE AND REFERENDUM PROCEDURES FOR COUNTIES.
Section 34-1803B - INITIATIVE AND REFERENDUM PETITIONS — REMOVAL OF SIGNATURES.
Section 34-1805 - SPONSORS TO PRINT PETITION — NUMBER OF SIGNERS REQUIRED.
Section 34-1808 - FILING OF PETITION — MANDATE — INJUNCTION.
Section 34-1810 - PRINTING AND DESIGNATION OF BALLOT TITLES ON OFFICIAL BALLOTS.
Section 34-1811 - MANNER OF VOTING — PROCEDURE WHEN CONFLICTING MEASURES APPROVED.
Section 34-1812 - FISCAL IMPACT STATEMENTS.
Section 34-1812A - ARGUMENTS CONCERNING INITIATIVE AND REFERENDUM MEASURES.
Section 34-1812B - SUBMISSION OF REBUTTAL ARGUMENTS.
Section 34-1812C - VOTERS’ PAMPHLET.
Section 34-1813 - COUNTING, CANVASSING AND RETURN OF VOTES — EFFECTIVE DATES.
Section 34-1814 - WHO MAY SIGN PETITION — EFFECT OF WRONGFUL SIGNING — PENALTY FOR WRONGFUL SIGNING.
Section 34-1816 - FILING PETITION WITH FALSE SIGNATURES UNLAWFUL.
Section 34-1817 - CIRCULATING PETITION WITH FALSE, FORGED OR FICTITIOUS NAMES UNLAWFUL.
Section 34-1818 - FALSE AFFIDAVIT BY ANY PERSON UNLAWFUL.
Section 34-1819 - FALSE RETURN, CERTIFICATION OR AFFIDAVIT BY PUBLIC OFFICIAL UNLAWFUL.
Section 34-1820 - SIGNING MORE THAN ONCE OR WHEN NOT QUALIFIED UNLAWFUL.
Section 34-1821 - FELONIOUS ACTS ENUMERATED.