The following requirements for signature, verification of valid petitions, printing of petition, review of measures, time limits, and prohibited acts, except as expressly modified herein, shall be as nearly as practicable as provided in Idaho Code §§ 34-1801 through 34-1811 and 34-1813 through 34-1822:
(A) Before beginning to circulate any petition for an initiative or for a referendum or any ordinance passed by the Board of County Commissioners, the person or persons or organization or organizations under whose authority the measure is to be initiated or referred shall send or deliver to the County Clerk a copy of such petition duly signed by at least 20 qualified electors of the county which shall be filed by said officer in his or her office, and who shall immediately transmit a copy of the petition to the Prosecuting Attorney for the issuance of the certificate of review as provided in Idaho Code § 34-1809.
(B) After receiving a copy of the petition from the County Clerk, the County Prosecuting Attorney may confer with the petitioner and shall, within ten working days from receipt thereof, review the proposal for matters of substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate. The recommendations of the Prosecuting Attorney shall be advisory only and the petitioner may accept or reject them in whole or in part. The Prosecuting Attorney shall issue a certificate of review to the County Clerk certifying that he or she has reviewed the measure for form and style and that the recommendations thereon, if any, have been communicated to the petitioner, and such certificate shall be issued whether or not the petitioner accepts such recommendations. Within 15 working days after the issuance of a certificate of review, the petitioner, if he or she desires to proceed with his or her sponsorship, shall file the ballot measure with the County Clerk for assignment of a ballot title. Other requirements shall be as provided in Idaho Code § 34-1809.
(C) Preparation of the ballot title by the Prosecuting Attorney shall be as prescribed in Idaho Code § 34-1809.
(D) After the form of the initiative or referendum petition has been approved by the County Clerk, the petition shall be printed by the person or persons or organization or organizations under whose authority the measure is to be initiated or referred and circulated in the county for the signatures of legal voters.
(E) Verification of petition and signatures shall be as prescribed in Idaho Code § 34-1807.
(F) Upon final certification of the petition, the County Clerk shall order an election to be held pursuant to Idaho Code § 34-106.
(G) If the County Clerk 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 working days after such refusal, to the district court for a writ of mandamus to compel him or her to do so. If it shall be decided by the court that such petition is legally sufficient, the County Clerk 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 or her office. On a showing that any petition filed is not legally sufficient, the court may enjoin the County Clerk 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 working days after a decision is rendered.
(H) It shall be unlawful for any person to make any false affidavit concerning any petition to this section or to leave a petition unattended for the purpose of gathering signatures.
(Ord. 1994-1, passed 6-13-1994) Penalty, see § 31.999