🏛️ Issues and Advocacy Training
Courses › Recall Elections and the Initiative Process in Idaho

Lesson 4 of 10 · about 25 minutes

A Statewide Initiative, Step by Step

You'll be able to

  • List every step and statutory deadline from first filing to the governor's proclamation
  • Explain what the Attorney General and the Division of Financial Management do and cannot do to a proposed initiative
  • Compute the statewide and district signature thresholds and test a drive against both
  • Explain how ballot titles, fiscal impact statements and yes/no statements are challenged in the Idaho Supreme Court, using the 2025 and 2026 rulings
  • Lay out the calendar for a 2028 initiative, including the April 30, May 1, June 30 and July deadlines
  • Explain how the vote is counted, what happens when measures conflict, and what effective date applies

Start here: the short version

  • A statewide initiative starts with a filing signed by 20 voters. The Attorney General reviews it (advice only), writes the ballot titles, and the Division of Financial Management writes a fiscal impact statement.
  • Circulation begins when the sponsors have both the ballot title and the fiscal statement, and ends 18 months later or on April 30 of the election year, whichever comes first. Signatures go to county clerks by close of business May 1.
  • To qualify, a measure needs valid signatures from 6 percent of registered voters statewide (70,725 for 2026) and 6 percent in at least 18 of the 35 legislative districts.
  • Clerks verify by June 30; sponsors file with the Secretary of State at least four months before the election. A final fiscal statement, pro and con arguments and the voters' pamphlet follow.
  • A majority of votes cast on the measure passes it. Titles, fiscal statements and yes/no explanations can be challenged in the Idaho Supreme Court, and in 2025 and 2026 sponsors won such challenges.

This lesson follows one statewide initiative from a draft on a laptop to the governor's proclamation. Each step comes with the statute, the deadline and what usually goes wrong. The rules on who may circulate and sign are in lesson 7, how clerks check signatures is in lesson 8, and the money rules are in lesson 9. The Secretary of State's own summary of the steps is on its initiative filing requirements page, which cites the code section for each.

Before anything is filed: the draft

An initiative petition sets out the "full text of measure proposed" (34-1801A(2)). It is a bill, written the way the Legislature writes bills: amending specific sections of the Idaho Code, adding new ones, repealing old ones. The text circulated is the text voters will enact, so a drafting error cannot be fixed after signatures start.

Three rules shape the draft:

  • One subject. 34-1801A(1) says an initiative "shall embrace only one (1) subject and matters properly connected with it." A measure that combines unrelated policies invites a challenge.
  • Statute only. An initiative cannot amend the Idaho Constitution (lesson 1). It must also fit within the constitution as it stands, and any qualified elector may sue in the Idaho Supreme Court to test its constitutionality any time after the certificate of review is issued (34-1809(4)).
  • A funding source. Under 34-1804(2), sponsors must propose a funding source for the cost of carrying out the measure. It travels with the petition whenever it is filed or circulated, but it "shall not formally be part of the initiative" and has no binding effect.

Many sponsors also decide the effective date in the draft. The printed text of 34-1813(2)(a) says a statewide initiative may take effect no earlier than July 1 of the year after the vote, with July 1 as the default. The Idaho Supreme Court held that rule unconstitutional in Reclaim Idaho v. Denney (2021), saying it "crosses over into the substantive right reserved to the people." A sponsor who wants a particular date should write it into the measure.

Step 1: the 20-signature filing

Before or when circulation begins, the sponsors deliver to the Secretary of State a copy of the petition signed by at least 20 qualified electors (34-1804(1)), with the funding source information. The Secretary of State files it and "immediately" sends a copy to the Attorney General for the certificate of review and a copy, with the funding source, to the Division of Financial Management for the fiscal impact statement. The Secretary of State's guidance adds that each signature sheet may hold signers from only one county, the same rule that applies to every later sheet.

Step 2: the Attorney General's review

Under 34-1809(1), the Attorney General may confer with the sponsor and must, within 20 working days of receiving the petition, review it "for matters of substantive import" and recommend revisions. Those recommendations "shall be advisory only." The sponsor may accept or reject them in whole or in part. The Attorney General then issues a certificate of review to the Secretary of State certifying that the measure was reviewed for form and style and the recommendations, if any, were sent. The certificate issues "whether or not the petitioner accepts such recommendations," and it is open for public inspection in the Secretary of State's office.

The review matters even though it binds no one. It often flags conflicts with existing code, constitutional problems and drafting gaps. A sponsor who ignores a serious constitutional warning has been told, in a public record, about a problem a later lawsuit may raise.

Step 3: the fiscal impact statement

Idaho Code 34-1812, added in 2020 and expanded in 2025, requires the Division of Financial Management (DFM), consulting other state or local agencies as needed, to prepare "an unbiased, good faith statement" of the measure's fiscal impact.

  • Initial statement: within 20 working days of receiving the petition from the Secretary of State.
  • Updated statement: if the sponsor changes the measure after the certificate of review, DFM has 10 working days to update the statement or say the changes do not alter it.
  • Content: projected increases or decreases in state and local revenue, costs, expenditures or debt, both immediate and long-term, in plain language, with a summary of no more than 100 words and a detailed statement with the assumptions behind it.
  • At the petition table: under 34-1812(4), a signature gatherer "shall offer" each signer the fiscal summary, the initiative and the sponsor's funding source to review before signing.
  • Final statement: since Senate Bill 1117 (2025), DFM must file an updated final statement by July 20 of the election year for any measure that qualified. The final summary and the sponsor's funding source go in the voters' pamphlet and on the ballot, and the summary, detailed statement and funding source must be on the Secretary of State's website by August 1.

Step 4: ballot titles

Within 15 working days after the certificate of review issues, a sponsor who wants to proceed files the measure (with any changes) with the Secretary of State for a ballot title (34-1809(2)). The Attorney General then has 10 working days to write:

  • a short title of no more than 20 words, by which the measure is commonly known, printed in the foot margin of every signature sheet and in type of at least 20 points on the petition covers; and
  • a general (long) title of no more than 200 words expressing the measure's purpose.

The statute tells the Attorney General to give "a true and impartial statement of the purpose of the measure," in language that is not "intentionally an argument" or likely to create prejudice for or against it (34-1809(2)(e)). The Secretary of State serves the titles on the sponsor, by mail or electronically.

Appealing a title

Anyone dissatisfied with a ballot title or short title may petition the Idaho Supreme Court within 20 days after the title is filed with the Secretary of State, stating why it is insufficient or unfair (34-1809(3)). The court hears argument and certifies a title, which the Secretary of State then prints. The 20-day limit does not bar later court proceedings on whether a title is sufficient.

Real example: the reproductive rights initiative, 2025 and 2026

Idahoans United for Women and Families sued Attorney General Raúl Labrador and DFM in January 2025 over the titles and fiscal statement for its measure. On June 16, 2025, the Idaho Supreme Court ruled unanimously, in an opinion by Justice Colleen Zahn, that the long title substantially complied with the law but the short title left out two of four key elements: that abortion would be allowed after viability in health emergencies, and that health care providers would be protected from liability. It also held that DFM's statement was not supported by the evidence and so was not the unbiased, good-faith statement the law requires, the Idaho Capital Sun reported. Both had to be redone by June 23, 2025. The court denied attorney fees because the results were mixed.

A year later the same measure, now Proposition 1, was back. 34-1810(1)(b) requires the ballot to carry "a clear and concise statement" of the effect of a yes or no vote, written jointly by the Attorney General and Secretary of State. Supporters sued over those statements on August 27, 2026. On September 4, 2026, the court ruled unanimously, in an opinion by Justice Gregory Moeller, that neither statement met the standard, and gave the two offices about 24 hours to submit new ones, because ballots for military and overseas voters had to go out by September 11, the Idaho Capital Sun reported. The court did not write the language itself.

The lesson for sponsors on any subject: titles, fiscal statements and vote statements are three separate documents, each with its own standard and its own fight. Read each one the day it arrives, and calendar the 20-day title appeal deadline at once.

Step 5: printing the petition

The Secretary of State sends the sponsor the approved form, the ballot titles, printing instructions and the fiscal impact statement. Sponsors print and circulate at their own expense (34-1805(1)). The printing rules in 34-1804(3), 34-1801A, 34-1803B and 34-1807 are strict:

  • Good quality bond or ledger paper, in the form and manner the Secretary of State approves.
  • A full and correct copy of the measure and a copy of the fiscal impact summary attached to every signature sheet.
  • The felony warning at the top, in the form in 34-1801A(2).
  • No more than 20 signature lines per sheet; only 20 signatures on one sheet can be counted.
  • Each sheet for signers of only one county.
  • Columns for signature, printed name, residence street and number, city, date and legislative district, plus an "official use only" column.
  • A statement on each signature page that a signer may remove his or her signature (34-1803B(3)).
  • The short title on the covers in at least 20-point type and in the foot margin of each signature sheet.
  • For paid circulators, a prominent declaration on each page that the circulator is paid and by whom (34-1807(2)), in the font the Secretary of State's rules in IDAPA 34.08.01 specify.
  • The circulator's affidavit on the face of every sheet, in the paid or unpaid version in 34-1807(3), sworn before a notary.

Step 6: gathering signatures

Idaho Code 34-1802(1) starts the clock "upon the date that the petitioners receive both the fiscal impact statement and the official ballot title" and runs it 18 months from that date or to April 30 of the year of the next general election, "whichever occurs earlier." The last day for circulating is always the last day of April in the election year. A measure whose titles arrive in summer 2027 has about 9 months to gather for 2028, not 18; to use the full 18 months for November 2028, a sponsor needs the title and fiscal statement by about October 31, 2026.

At the table, the circulator must show each signer both the short title and the general title so the signer has a chance to read them, or the signature is void (34-1815), and must offer the fiscal summary, the measure and the funding source (34-1812(4)). Circulators must be Idaho residents at least 18 years old; signatures gathered by anyone else are void (34-1807(1) and (6)). Electronic signatures are void (34-1807(7)). Paid circulators must say they are paid and by whom before taking a signature, and wear a badge reading "paid petition circulator" (34-1807(2)). Lesson 7 covers each rule and the court cases behind them.

How many signatures

The threshold has two parts, and a measure must clear both.

  1. Statewide: valid signatures equal to 6 percent of the registered voters at the time of the last general election.
  2. Distribution: valid signatures equal to 6 percent of the registered voters in each of at least 18 of Idaho's 35 legislative districts.

That is how the Secretary of State states the rule on its initiatives page. The printed text of 34-1805(2) says something else: 6 percent "in each of the thirty-five (35) legislative districts." That is the Senate Bill 1110 wording from 2021, which the Idaho Supreme Court struck in Reclaim Idaho v. Denney, holding that "Idaho Code section 34-1805 is restored to its previous state." The court did not rule on whether the restored 18-district rule is itself constitutional; it denied that claim without prejudice. The statute also says "qualified electors at the time of the last general election," while the Secretary of State's pages say registered voters; in practice the base is the registration count at the last November general election.

The 2026 numbers

For the November 3, 2026 ballot, the statewide requirement was at least 70,725 valid signatures, the Idaho Capital Sun reported on April 30, 2026. Working backward, 70,725 / 0.06 = 1,178,750, which matches the registered voter total in the 2024 general election canvass. On July 14, 2026, the Secretary of State announced that the Reproductive Freedom and Privacy Act met the valid-signature threshold, "with a total of 75,478 signatures submitted across 20 legislative districts." Two cannabis measures did not qualify, failing both the total and the district requirement.

Reading 75,478 as the count that survived county verification, 75,478 - 70,725 = 4,753 signatures above the statewide line, and 20 - 18 = 2 districts to spare. The Capital Sun's April 29 count for the same campaign was more than 106,000 signatures statewide, and the campaign said it turned in more than 110,000 when it filed with the Secretary of State on July 2, the Capital Sun reported. If about 110,000 were gathered and 75,478 survived, roughly 75,478 / 110,000 = 69 percent did. The release did not state a validity rate and the two figures may not measure the same stage, so treat 69 percent as a rough indicator only.

Worked example: the two-part test for a 2028 measure

The 2028 numbers will come from registration at the November 3, 2026 general election, so they are not yet known. Suppose, for illustration, the base is 1,200,000 registered voters statewide and an invented measure, the Library Hours Act, has these results after county verification.

Statewide test. 1,200,000 x 0.06 = 72,000 valid signatures required. The campaign has 78,400 valid. Pass, by 6,400.

District test. Each district's threshold is 6 percent of that district's registration. Suppose District A has 33,500 registered voters: 33,500 x 0.06 = 2,010 needed. District B has 36,200: 36,200 x 0.06 = 2,172 needed. The campaign has 2,050 in District A (pass, 40 over) and 2,100 in District B (fail, 72 short).

The campaign clears the threshold in 17 districts and is close in 3 more. It fails, even with 6,400 extra valid signatures statewide, because it needs 18 districts. Signatures from a district that already passed do nothing for the distribution test.

The fix is planning, not volume. Pick 22 target districts at the start (18 plus a cushion of 4), set a raw goal in each of 6 percent of registration divided by an expected validity rate, and track valid counts district by district as clerks return them.

Step 7: turning in to county clerks

Signed petitions go to the clerk of the county where the signers live (each sheet holds one county). Under 34-1802(2), the deadline is close of business on May 1 of the election year, or 18 months after the sponsor received the ballot title, whichever is earlier. The clerk then has 60 calendar days from the submission deadline to verify, and never later than the last day of June (34-1802(3)). The Secretary of State's guidance adds that the clerk is not required to mail back petitions left for verification; the sponsor is responsible for picking up verified petitions.

Clerks strike any name whose name, address or signature does not match a qualified elector of the proper jurisdiction, and attach a certificate stating the number of valid signatures by legislative district (34-1807(4)). A signer may ask in writing, after submission and before verification, to be removed, and the clerk strikes the name (34-1803B(2)). Sponsors may turn in signatures to clerks as they collect them, which the 2026 reproductive rights campaign did, according to the Capital Sun; that spreads the clerks' work out and lets the campaign see its validity rate early.

Step 8: filing with the Secretary of State

The sponsor collects the verified petitions with the clerks' certificates and files them with the Secretary of State "not less than four (4) months before the election" (34-1802(4)). For November 3, 2026, four months before is July 3, 2026; the Capital Sun described the handoff as on or about July 1, and the reproductive rights campaign filed on July 2. The Secretary of State does a final review and certification and assigns the measure a number in the order finally filed: "Proposition One," "Proposition Two" and so on (34-1810(2)).

If the Secretary of State refuses to file a petition that has enough signatures, any citizen may apply to the district court in Ada County within 10 days for a writ of mandamus. Either side may appeal to the Idaho Supreme Court within 10 days, and such cases are to be heard as quickly as possible (34-1808).

Step 9: arguments and the voters' pamphlet

  • Arguments. Any voter or group may file an argument for or against a measure, up to 500 words, on or before July 31, with names and addresses (for an organization, its name and address and two principal officers) (34-1812A). If several are filed on one side, the Secretary of State picks one, giving priority to the sponsor, then to bona fide citizen associations, then to individual voters.
  • Rebuttals. Each side gets the other's argument and may file a rebuttal of up to 250 words by August 10 (34-1812B).
  • Pamphlet. By September 25, the Secretary of State prints a voters' pamphlet with the full title and text of each measure, the ballot title as it will appear, the fiscal impact summary, the funding source and the arguments and rebuttals, and mails or distributes it to every household in Idaho (34-1812C). The 2026 pamphlet is posted on the general election page, with audio and Spanish versions.
  • Ballot. The ballot carries the ballot title, the number, the yes/no effect statements (34-1810(1)(b)) and, since 2025, the final fiscal summary and funding source (34-1812(6)).

Step 10: the vote and after

A measure passes with "an affirmative majority of the aggregate number of votes cast on such measure" (34-1811). Voters who skip the question do not count against it. If two conflicting laws pass at the same election, the one with the greatest number of yes votes controls where they conflict, even if the other had a larger percentage. A 2025 bill to raise the passing threshold to 60 percent (House Bill 2) did not get out of committee.

Votes are counted and canvassed like votes for candidates. Within 30 days after the election, the Secretary of State, in the governor's presence, canvasses the votes, and the governor issues a proclamation of the totals for and against and declares approved measures in force (34-1813(1)). The Secretary of State prints each approved measure with the session laws of the next Legislature, with the date of the proclamation (34-1806). From then on, it is a statute like any other, and the Legislature may amend or repeal it (lesson 1).

Every deadline in one table

StepWhoDeadlineStatute
File petition with 20 signatures and funding sourceSponsor to Secretary of StateBefore or at start of circulation34-1804(1), (2)
Certificate of review and advisory recommendationsAttorney GeneralWithin 20 working days of receipt34-1809(1)
Initial fiscal impact statementDFMWithin 20 working days of receipt34-1812(1)
File final measure for ballot titleSponsorWithin 15 working days after the certificate34-1809(2)
Updated fiscal statement if measure changedDFMWithin 10 working days34-1812(2)
Short and long ballot titlesAttorney GeneralWithin 10 working days34-1809(2)(a)
Appeal of ballot titleAny dissatisfied person to Supreme CourtWithin 20 days after the title is filed34-1809(3)
CirculationSponsorFrom receipt of title and fiscal statement, for 18 months or to April 30 of the election year, whichever is earlier34-1802(1)
Submit to county clerksSponsorClose of business May 1 of election year, or 18 months, whichever is earlier34-1802(2)
Verify signaturesCounty clerks60 calendar days, no later than June 3034-1802(3)
File with Secretary of StateSponsorAt least 4 months before the election34-1802(4)
Mandamus if filing refusedAny citizen, Ada County district courtWithin 10 days of refusal34-1808
Final fiscal impact statementDFMBy July 2034-1812(5)
Pro and con argumentsAny voter or groupBy July 3134-1812A
Fiscal statements and funding source onlineSecretary of StateBy August 134-1812(6)
RebuttalsAuthors of argumentsBy August 1034-1812B
Voters' pamphlet printed and sent to householdsSecretary of StateBy September 2534-1812C
ElectionVotersNovember general electionArt. III, Sec. 1; 34-1801A(2)
Canvass and governor's proclamationSecretary of State and governorWithin 30 days after the election34-1813(1)

The 2028 calendar

Applying those rules to the next general election, Tuesday, November 7, 2028:

DateWhat happens
By about Oct. 31, 2026Latest date to receive the title and fiscal statement and still have a full 18 months
Sunday, April 30, 2028Last day to circulate and gather signatures
Monday, May 1, 2028, close of businessLast day to submit petitions to county clerks
Friday, June 30, 2028Last day for clerks to finish verification
By Friday, July 7, 2028File with the Secretary of State (at least 4 months before November 7)
Thursday, July 20, 2028Final fiscal impact statement due
Monday, July 31, 2028Pro and con arguments due
Tuesday, Aug. 1, 2028Fiscal statements and funding source posted online
Thursday, Aug. 10, 2028Rebuttals due
Monday, Sept. 25, 2028Voters' pamphlet deadline
Tuesday, Nov. 7, 2028Election

Dates are computed from the statutes as they read in October 2026. Check the Secretary of State's calendar and any 2027 or 2028 law changes before relying on them; Idaho has changed some part of this process in five of the last seven sessions.

Myth: the Attorney General can stop an initiative he disagrees with

He cannot. His recommendations are "advisory only," and the certificate of review issues whether or not the sponsor accepts them (34-1809(1)). His ballot titles must be "true and impartial," and anyone may take them to the Idaho Supreme Court within 20 days. The same goes for DFM's fiscal statement and for the yes/no statements he writes with the Secretary of State: in 2025 and 2026, sponsors of the reproductive rights measure went to the court and won revisions of all three. What can stop an initiative is falling short on valid signatures, missing a deadline, or a court ruling that the measure itself is unconstitutional.

How to: prepare the first filing

  1. Draft the measure as amendments to specific Idaho Code sections, on one subject, with an effective date if you want one.
  2. Write the funding source proposal: where the money to implement it would come from, in plain terms.
  3. Get 20 qualified electors to sign the petition copy, one county per sheet.
  4. Deliver both to the Secretary of State's elections division and get a dated receipt.
  5. Calendar 20 working days for the certificate and the fiscal statement, then 15 working days for your title filing.

How to: handle the titles and fiscal statement

  1. Read the certificate of review in full. List each recommendation and decide, in writing, whether to accept it and why.
  2. When the ballot titles arrive, check the short title against the measure's main elements. If a key element is missing or the wording argues, prepare a Supreme Court petition; the 20 days run from filing with the Secretary of State.
  3. Check DFM's statement against its stated assumptions. Ask DFM in writing what data it used; the 2025 ruling turned on whether the evidence supported the conclusions.
  4. Do not print petitions until the title is final. A title changed by the court changes every sheet.

How to: plan the signature drive by district

  1. Get each district's registration count from the Secretary of State and compute 6 percent for each.
  2. Choose at least 22 districts where you have volunteers or can pay circulators.
  3. Set a raw goal in each: the district threshold divided by an expected validity rate (0.70 to 0.75 is a cautious start).
  4. Print sheets by county and track every sheet by county and district from the day it goes out.
  5. Submit to clerks on a regular schedule, not all on May 1, so the clerks' certificates show you where you stand while there is still time to gather.

How to: finish clean in May, June and July

  1. Stop circulating at the end of April 30, the last day the statute allows for gathering signatures. Do not collect on May 1.
  2. Deliver every remaining sheet to the right county clerk by close of business May 1, with a receipt.
  3. Pick up verified petitions and certificates from each clerk; they are not mailed back.
  4. Assemble and file with the Secretary of State at least 4 months before the election.
  5. Draft the 500-word argument in advance for the July 31 deadline, and the 250-word rebuttal for August 10.

If you report on this

For any measure in circulation, get the Secretary of State's posted packet (text, titles, funding source, fiscal statement) and the Attorney General's certificate of review, which is public. Compare the funding source with DFM's fiscal statement; they are written by different people for different purposes. Ask the campaign how many raw signatures it has statewide and in how many districts it has passed 6 percent, and ask the clerks how many they have verified; the two numbers are not the same thing. In June, county clerks' certificates show valid counts by district. Watch the Idaho Supreme Court docket for title, fiscal statement and vote statement challenges, which in 2025 and 2026 were decided in days. Campaign finance reports for committees on both sides are in the Sunshine portal; see course 46, lesson 7.

Go further

Check yourself

1. What is the legal effect of the Attorney General's recommendations in the certificate of review?

2. When does the signature-gathering period for a statewide initiative begin?

3. For the 2026 ballot, the statewide threshold was 70,725 valid signatures. What else did a measure need?

4. By what deadline must signed petitions be turned in to county clerks for a November 2028 initiative (assuming the 18-month limit is not earlier)?

5. In June 2025 the Idaho Supreme Court ruled on the reproductive rights initiative's ballot titles and fiscal impact statement. What did it hold?

6. Two conflicting initiatives both pass at the same election. Which controls where they conflict?

Terms in this lesson

Certificate of review
The Attorney General's certificate, issued within 20 working days, that a proposed measure has been reviewed for form and style and any recommendations sent to the sponsor. The recommendations are advisory.
Ballot title
The Attorney General's short title (20 words or less) and general or long title (200 words or less) describing the measure, printed on the petition and the ballot.
Fiscal impact statement
The Division of Financial Management's unbiased estimate of a measure's effect on state and local revenue, costs and debt, with a summary of 100 words or less shown to signers and printed on the ballot.
Funding source information
The sponsor's own proposal for paying for the measure, which must accompany the petition but is not part of the law and binds no one.
Single-subject rule
The requirement in 34-1801A(1) that an initiative embrace only one subject and matters properly connected with it.
Qualified elector
A person eligible and registered to vote in Idaho. Only qualified electors may sign, and only signatures matching a registered voter count.
Voters' pamphlet
The Secretary of State's guide, printed by September 25 and mailed or distributed to every household, with each measure's text, titles, fiscal summary, funding source and the arguments for and against.

Full glossary

Sources