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Idaho Code § 34-1807

Circulation of petitions — Verification of petition and signature sheets — Comparison of signatures with registration oaths and records — Certain petitions and signatures void

Applied in 3 court decisions — leading case 234 F. Supp. 2d 1159 - Idaho Coalition United for Bears v. Cenarrusa (2001)

Most recently applied in Daien v. Ysursa (May 2010)

1933, ch. 210, § 7, p. 431; am. 1988, ch. 48, § 4, p. 66; am. 1997, ch. 266, § 6, p. 756; am. 1999, ch. 47, § 1, p. 109; am. 2013, ch. 214, § 4, p. 503; am. 2013, ch. 336, § 3, …

How often courts cite this section

2001201010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Any person who circulates any petition for an initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age. Each and every sheet of every such petition containing signatures shall be verified on the face thereof in substantially the following form, by the person who circulated said sheet of said petition, by his or her affidavit thereon, and as a part thereof:

I,...., being first duly sworn, say: That I am a resident of the State of Idaho and at least eighteen (18) years of age: that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence: I believe that each has stated his or her name, address and residence correctly, that each signer is a qualified elector of the State of Idaho, and a resident of the county of....

In addition to said affidavit the county clerk shall carefully examine said petitions and shall attach to the signature sheets a certificate to the secretary of state substantially as follows:

To the honorable...., Secretary of State for the State of Idaho: I,...., County Clerk of.... County, hereby certify that.... signatures on this petition are those of qualified electors in legislative district number....

The county clerk shall deliver the petition or any part thereof to the person from whom he received it with his certificate attached thereto as above provided. The forms herein given are not mandatory and if substantially followed in any petition, it shall be sufficient, disregarding clerical and merely technical error. Any petition upon which signatures are obtained by a person not a resident of the state of Idaho and at least eighteen (18) years of age, shall be void. The definition of resident in section 34-107, Idaho Code, shall apply to the circulators of initiative and referendum petitions. In addition to being a resident, a petition circulator shall be at least eighteen (18) years of age.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.