34-1813. COUNTING, CANVASSING AND RETURN OF VOTES — EFFECTIVE DATES. (1) The votes on measures and questions shall be counted, canvassed, and returned by the regular boards of judges, clerks, and officers, as votes for candidates are counted, canvassed, and returned, and the abstract made by the several county auditors of votes on measures shall be returned to the secretary of state on separate abstract sheets in the manner provided for abstract of votes for state and county officers. It shall be the duty of the secretary of state, in the presence of the governor, to proceed within thirty (30) days after the election, and sooner if the returns be all received, to canvass the votes given for each measure, and the governor shall forthwith issue his proclamation, giving the whole number of votes cast in the state for and against such measure and question and declaring such measures as are approved by a majority of those voted thereon to be in full force and effect as the law of the state of Idaho from the date of said proclamation for any referendum measure. The effective date for an initiative measure shall be governed by the provisions of subsection (2) of this section. If two (2) or more measures shall be approved at said election which are known to conflict with each other or to contain conflicting provisions, he shall also proclaim which is paramount in accordance with the provisions of sections 34-1801 through 34-1822, Idaho Code.
(2)(a) A statewide initiative may contain an effective date, if passed, that shall be no earlier than July 1 of the year following the vote on the ballot initiative. If no effective date is specified in the petition, the effective date of a statewide initiative that has been approved by the electorate shall be July 1 of the following year.
(b) A city or county initiative may contain an effective date, if passed, that may be earlier than July 1 of the year following the vote on the ballot initiative, but no earlier than the mayor’s proclamation as provided in section 34-1801B, Idaho Code, or the proclamation by the board of county commissioners, as provided in section 34-1801C, Idaho Code. If no effective date is specified in the petition, the effective date of a city or county initiative that has been approved by the electorate shall be July 1 of the following year.
History:
[34-1813, added 1933, ch. 210, sec. 13, p. 431; am. 2020, ch. 336, sec. 3, p. 978.]
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.