What did Idaho's AG say about the 2015 referendum petition challenging the new transportation funding law (House Bill 312)?

Plain-English summary

Petitioner Alan R. Littlejohn filed a referendum petition with Secretary of State Lawerence Denney on May 5, 2015, seeking to put 2015 House Bill 312 (codified at 2015 Idaho Session Laws Chapter 341) to a public vote. HB 312 was a transportation funding measure that the Senate had amended twice during the legislative session before final passage.

Attorney General Lawrence Wasden's certificate is unusually short. He found no legal infirmities in the petition itself and "no recommendations to revise or alter the measure." The certificate's main substantive content was a procedural reminder about how the referendum process intersected with HB 312's effective dates: sections 6 and 7 of the act became immediately effective on April 21, 2015, when the Governor signed the bill, and would continue in effect until the referendum was decided. The remaining sections of the act, however, were held in suspension. If supporters submitted enough signatures by the Idaho Code § 34-1803 deadline to qualify for the November 2016 general election ballot, those remaining sections would not take effect unless approved by a majority of voters.

Currency note

This opinion was issued in 2015. 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.

Background and statutory framework

Idaho's referendum process under the state constitution and Idaho Code Title 34, Chapter 18 lets voters reverse a bill the legislature has already passed. Unlike an initiative, where voters propose new law, a referendum suspends and asks voters to ratify or reject existing law. The signature requirement under § 34-1803 is meaningful: petitioners must collect signatures totaling at least 6% of qualified electors statewide, including 6% in at least 18 of Idaho's 35 legislative districts.

The split-effective-date structure of HB 312 was a common drafting technique to insulate certain provisions (in this case, sections 6 and 7) from referendum challenge. Those sections took effect immediately on the Governor's signature; the remaining provisions stayed in suspension if a referendum qualified for the ballot. The certificate's role was to confirm petition form and explain the timing, not to take a position on the bill's substance or the merits of the referendum.

Common questions

Q: What did HB 312 actually do?
A: It was a 2015 transportation funding package. The certificate doesn't summarize the bill's substance because the certificate's job is to review the petition's legal form, not the underlying law.

Q: Did the referendum make the ballot?
A: The certificate doesn't say. The petitioners would have had to gather signatures and submit them by the deadline in Idaho Code § 34-1803 to qualify for the 2016 general election ballot.

Q: Why did sections 6 and 7 stay in effect during the referendum? A: HB 312 contained an emergency clause for those sections, making them immediately effective on signature. Idaho's referendum process can suspend most legislation until voters decide, but emergency-clause provisions take effect immediately and are not suspended by a pending referendum.

Q: What's the practical difference between an initiative and a referendum? A: An initiative lets voters propose and enact new law; a referendum lets voters reverse a law the legislature already passed. Both go through the AG's certificate-of-review process under Idaho Code § 34-1809.

Citations and references

Statutes:

• Idaho Code § 34-1803 (referendum signature requirements and timelines)
• Idaho Code § 34-1809 (initiative and referendum certificate of review)
• 2015 Idaho Session Laws, Chapter 341 (House Bill 312, as amended)

Source

• Landing page: https://www.ag.idaho.gov/office-resources/opinions/
• Original PDF: https://ag.idaho.gov/content/uploads/2018/04/C05262015.pdf

Original opinion text

STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASD EN

May 26 , 2015

The Honorable Lawerence Denney
Idaho Secretary of State
Statehouse
VIA HAND DELIVERY
RE :

Certificate of Review
Proposed Referendum Petition , 2015 House Bill 312, as Amended in the Senate, as Amended in the Senate

Dear Secretary of State Denney:
A proposed referendum petition was filed with your office on May 5, 2015. Pursuant to Idaho Code § 34-1809, this office has reviewed the petition and has prepared the following advisory comments . Given the strict statutory timeframe within which this office must review the petition, our 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. " Due to the available resources and limited time for performing the review, we did not communicate directly with the petitioner as part of the review process . The opinions expressed in this review are only those that may affect the legality of the referendum. This office offers no opin ion with regard to the policy issues raised by the proposed referendum. BALLOT TITLE Following the filing of the proposed referendum , 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 titles for the referendum, petitioners may submit proposed titles for consideration. Any proposed titles should be consistent with the standard set forth above. MATTERS OF SUBSTANTIVE IMPORT The referendum petition addresses 2015 House Bill 312, as Amended in the Senate , as Amended in the Senate, 2015 Idaho Session Laws, Chapter 341 , which passed both the

P.O. Box 83720, Boise, Idaho 83720-0010
Telephone: (208) 334-2400, FAX: (208) 854-8071
Located at 700 W. Jefferson Street, Suite 21 O

Secretary of State Denney
May 26, 2015
Page 2 of 2
House of Representatives and the Senate and was signed into law by the Governor on April 21,2015. Sections 6 and 7 of this Act became immediately effective on April 21, 2015, when the Act was signed into law by the Governor and will continue in effect until the outcome of a referendum election (if one is held). Pursuant to Idaho Code § 34-1803, if supporters of the referendum petition submit to the Secretary of State the requisite number of signatures to qualify the referendum for the 2016 general election ballot within the time prescribed by that section, the remaining sections of this Act will not take effect unless they are approved by a majority of the voters casting ballots on the referendum in that general election. CERTIFICATION I HEREBY CERTIFY that the enclosed measure has been reviewed for form, style, and matters of substantive import, and that I have no recommendations to revise or alter the measure. This information has been communicated to the Petitioner via a copy of this Certificate of Review, deposited in the U.S. Mail to Alan R. Littlejohn, P. 0 . Box 192, Athol, Idaho 83801. Sincerely,

Attorney General
Analysis by:
Michael S. Gilmore
Deputy Attorney General