What did Idaho's AG say about a 2005 ballot initiative to amend Idaho Code § 49-445 (motor vehicle registration)?

Plain-English summary

This is the AG's statutory review (under Idaho Code § 34-1809) of a ballot initiative filed April 18, 2005, by Marse Shobe to amend Idaho Code § 49-445(2) (the motor vehicle registration law).

The certificate is short because the AG identified no significant legal issues. The proposed initiative sought to amend a statute, which is well within the scope of the initiative power reserved to the people by Idaho Const. art. III, § 1. Laws passed by initiative are on equal footing with legislation enacted by the Legislature (Westerberg v. Andrus, 114 Idaho 401 (1988)), and the two must comply with the same constitutional requirements. The AG concluded that since the initiative and the statute it sought to amend are on equal footing, no constitutional or substantive defect appeared on the face of the proposal.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Idaho Code § 49-445 has been amended multiple times since 2005. The certificate's holding (that an initiative may amend the section) reflects the structural relationship between the initiative power and the legislative power, which has not changed. Anyone analyzing the current state of vehicle-registration law should pull current Title 49 statutes.

Common questions

Q: Did this initiative make the ballot?
A: This certificate addressed only the legal form of the proposal. Whether the petitioner gathered enough signatures to qualify for the November 2006 general election is a separate question.

Q: Why is this certificate so much shorter than other 2005 certificates?
A: Because the proposal raised no significant legal issues. The longer certificates are typically required when the AG finds drafting errors, single-subject problems, federal-preemption issues, or constitutional defects. A clean amendment of an existing statute usually generates only a short clearance.

Q: What does "equal footing" mean for an initiative?
A: It means a statute passed by initiative has the same legal force as a statute passed by the Legislature. The initiative power, granted by Idaho Const. art. III, § 1, is the people's reserved share of legislative power. Either path can amend or repeal an existing statute, subject to the same constitutional constraints.

Background and statutory framework

Idaho's initiative power (Idaho Const. art. III, § 1) is implemented through Title 34, Chapter 18 of the Idaho Code. Section 34-1809 requires the Attorney General to review every initiative petition and issue a Certificate of Review with advisory comments. The AG's recommendations are advisory only; the petitioner is free to accept or reject them in whole or in part.

Idaho Code § 49-445 is part of Title 49 (Motor Vehicles) and governs registration provisions for various vehicle classes.

Citations and references

Statutes:
- Idaho Code § 34-1809 (AG initiative review)
- Idaho Code § 49-445 (motor vehicle registration)
- Idaho Const. art. III, § 1 (initiative power)

Case:
- Westerberg v. Andrus, 114 Idaho 401, 757 P.2d 664 (1988) (initiatives equal to statutes)

Source

• Landing page: https://www.ag.idaho.gov/office-resources/opinions/
• Original PDF: https://ag.idaho.gov/content/uploads/2018/04/C051605.pdf

Original opinion text

STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN

May 16, 2005
VIA HAND DELIVERY

The Honorable Ben Ysursa
Idaho Secretary of State
Statehouse

Re: Certificate of Review
Proposed Initiative to Amend the Motor Vehicle Registration Law (Idaho Code § 49-445)

Dear Secretary of State Ysursa:

An initiative petition was filed with your office on April 18, 2005. Pursuant to Idaho Code § 34-1809, this office has reviewed the petition and prepared the following advisory comments. It must be stressed that, given the strict statutory time frame in which this office must respond and the complexity of the legal issues raised in this petition, this office's review can only isolate areas of concern and cannot provide in-depth analysis of each issue that may present problems. Further, under the review statute, the Attorney General's recommendations are "advisory only." The petitioners are free to "accept or reject them in whole or in part." The opinions expressed in this review are only those which may affect the legality of the initiative. This office offers no opinion with regard to the policy issues raised by this proposed initiative.

BALLOT TITLE

Following the filing of the proposed initiative, this office will prepare short and long ballot titles. The ballot titles should impartially and succinctly state the purpose of the measure without being argumentative and without creating prejudice for or against the measure. While our office prepares the titles, if petitioners would like to propose language with these standards in mind, we would recommend that they do so and their proposed language will be considered.

MATTERS OF SUBSTANTIVE IMPORT

Petitioner has submitted a proposed initiative seeking to amend Idaho Code § 49-445(2). As a series of legislative enactments, this code section is subject to amendment by the initiative power reserved to the people by the Idaho Constitution. Idaho Const. art. III, § 1.

Article III, § 1 of the Idaho Constitution vests the legislative power of the state in the Senate and House of Representatives, and in the people through the initiative process. Laws passed by initiative are on equal footing with legislation enacted by the legislature, and the two must comply with the same constitutional requirements. Westerberg v. Andrus, 114 Idaho 401, 757 P.2d 664 (1984). As both the proposed initiative and the law it seeks to repeal are interpreted to be on "equal footing," this proposed initiative does not appear to raise any significant legal issues.

CONCLUSION

I HEREBY CERTIFY that the enclosed measure has been reviewed for form, style and matters of substantive import and that the recommendations set forth above have been communicated to petitioner Marse Shobe by deposit in the U.S. Mail of a copy of this certificate of review.

Sincerely,

LAWRENCE G. WASDEN
Attorney General

Analysis by:
William A. von Tagen
Deputy Attorney General