What did the Idaho Attorney General say about the 2021 referendum that would have let voters reject Senate Bill 1110, the legislation that made it harder to qualify ballot initiatives by requiring signatures from every legislative district?

Plain-English summary

In April 2021, the Idaho Legislature passed Senate Bill 1110, which the Governor signed into law on April 17, 2021 (Idaho Session Laws Chapter 255 (2021), codified at Idaho Code section 34-1805). The bill changed the rules for qualifying initiatives and referenda for the ballot. Before S.B. 1110, organizers needed signatures from 6% of registered voters in each of at least 18 of Idaho's 35 legislative districts. After S.B. 1110, organizers needed signatures from 6% of registered voters in every one of Idaho's 35 districts.

A referendum petition was filed in late April 2021 to ask voters to approve or reject S.B. 1110 itself. Under Idaho Code section 34-1809, the Attorney General reviewed the proposed referendum and issued an advisory Certificate of Review.

Key points from the AG's analysis:

• S.B. 1110 is a proper subject of referendum under Idaho Code section 34-1803 (which lists what laws can be challenged this way).
• S.B. 1110 took immediate effect on April 17, 2021, when signed, because it included an emergency clause. It will continue in effect "until a majority of the voters approve of the referendum petition at an election." If voters approve the referendum, S.B. 1110 is repealed.
• The petitioner asked for guidance on signature-removal language. Idaho Code section 34-1803B(3) requires every signature page to state that signers can remove their signatures. The AG recommended verbatim language: "Any person signing a petition may remove his signature pursuant to Idaho Code section 34-1803B."

The AG offered no opinion on the policy merits. The certificate is advisory; the petitioner can accept or reject the recommendations.

What this means for you

Note: the certificate reviewed a 2021 referendum. As the common questions below explain, the Idaho Supreme Court later struck down parts of S.B. 1110 in Reclaim Idaho v. Denney, so the signature-distribution rule the certificate described is not a reliable statement of current law. Read the points below as what the 2021 certificate held.

Referendum petitioners

The certificate confirmed that S.B. 1110 was a proper subject of referendum under Idaho Code section 34-1803. Because the bill carried an emergency clause, it took effect when signed on April 17, 2021, and the certificate stated it would continue in effect until a majority of voters approved the referendum at an election. The AG recommended that each signature page include the Idaho Code section 34-1803B(3) removal notice, verbatim: "Any person signing a petition may remove his signature pursuant to Idaho Code section 34-1803B."

Idaho voters and direct-democracy advocates

The certificate addressed only the legality and form of the proposed referendum, not the policy merits of S.B. 1110. The AG expressly offered no opinion on the policy issues raised and confirmed the referendum was a procedurally proper way to put repeal of the bill to the voters.

Background and statutory framework

Idaho's referendum process lets voters challenge legislation enacted by the Legislature. Idaho Code section 34-1803 specifies what is and isn't a proper subject of referendum. Once an act is enacted and signed, a referendum petition can be filed to ask voters to approve or reject it. If voters reject, the act is repealed.

S.B. 1110 (Idaho Session Laws Chapter 255 (2021)) amended Idaho Code section 34-1805 to change the geographic signature distribution required to qualify an initiative or referendum. The bill included an emergency clause, taking effect on signing.

Idaho Code section 34-1803B sets out signature-removal procedures. Subdivision (3) requires every petition signature page to state that signers may remove their signatures. The standard language has to appear verbatim on each page.

The AG's review under Idaho Code section 34-1809 is advisory only and limited to legality and form. The AG explicitly does not address policy.

Common questions

Did this referendum make it onto the ballot?
The S.B. 1110 referendum did not qualify under the strict geographic signature distribution that S.B. 1110 itself imposed. That outcome was central to the political debate around S.B. 1110.

Was S.B. 1110 challenged in court?
There were legal challenges to S.B. 1110, including a 2021 Idaho Supreme Court case (Reclaim Idaho v. Denney). The Court struck down portions of S.B. 1110 in that case, finding that the geographic distribution requirement violated the Idaho Constitution's right to initiative and referendum.

Does this AG opinion still matter, given the litigation?
The AG opinion is a snapshot of the legal landscape as of May 18, 2021. Subsequent litigation and rulings may have changed the operative law. Anyone working with Idaho's signature requirements should consult current Idaho Code section 34-1805 and current case law.

What's the practical effect today?
As of 2026, Idaho's signature distribution requirements have been litigated. The exact current standard depends on the most recent court rulings and any subsequent legislative responses. Counsel current Idaho counsel for the operative threshold.

Why does signature-removal language matter?
Idaho Code section 34-1803B(3) requires every signature page of an initiative or referendum petition to state that a signer may remove his signature. The AG recommended the petitioner include that notice on each page to comply with the statute.

Citations

• Idaho Code section 34-1803 (subjects of referendum)
• Idaho Code section 34-1803B (signature removal)
• Idaho Code section 34-1805 (signature thresholds; amended by S.B. 1110)
• Idaho Code section 34-1809 (Certificate of Review)
• Idaho Session Laws Chapter 255 (2021) (S.B. 1110)

Source

• Landing page: https://www.ag.idaho.gov/office-resources/opinions/
• Original PDF: https://ag.idaho.gov/content/uploads/2021/06/C05182021_Initiatives.pdf

Original opinion text

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

May 18, 2021

The Honorable Lawerence Denney
Idaho Secretary of State
Statehouse

VIA HAND DELIVERY

Re: Certificate of Review
Proposed Referendum Petition, S.B. 1110, 2021 Idaho Session Law

Chapter 255

Dear Secretary of State Denney:

A proposed referendum petition was filed with your office on April 26, 2021.
Pursuant to Idaho Code section 34-1809, this office has reviewed the petition and
prepared the following advisory comments. Under the review statute, the Attorney
General's recommendations are “advisory only.” The petitioner is 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 opinion with regard to the policy issues raised by
the proposed referendum.

BALLOT TITLE

Following the filing of the proposed referendum, if petitioner decides to proceed
with sponsorship, 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, petitioner may submit proposed titles for consideration. Any proposed
titles should be consistent with the above standard.

P.O. Box 83720, Boise, Idaho 83720-0010
Telephone: (208) 334-2400, FAX: (208) 854-8071
Located at 700 W. Jefferson Street, Suite 210

Secretary of State Denney
May 18, 2021
Page 2

MATTER OF SUBSTANTIVE IMPORT

The referendum petition addresses Senate Bill 1110, 66th Legislature, 1st Regular
Session, Idaho Session Laws Chapter 255 (2021) (codified as amended at Idaho Code
section 34-1805), which passed both the House of Representatives and the Senate and
was signed into law by the Governor on April 17, 2021. Pursuant to Idaho Code section
34-1803, Senate Bill 1110 is a proper subject of the proposed referendum. Due to the
inclusion of an emergency clause, Senate Bill 1110 became immediately effective on April
17, 2021, when the Act was signed into law by the Governor and will continue in effect
until a majority of the voters approve of the referendum petition at an election on the
referendum, if one is held.

The cover letter requested guidance in regard to the language necessary to comply
with the Idaho Code section 34-1803B and the removal of signatures. Guidance is found
at Idaho Code section 34-1803B(3), which provides that “[e]ach signature page of an
initiative or referendum petition shall state that any person signing a petition may remove
his signature pursuant to this section.” Our office recommends following this subsection.
Each signature page of the petition should state “Any person signing a petition may
remove his signature pursuant to Idaho Code § 34-1803B.”

CERTIFICATION

| HEREBY CERTIFY that the enclosed measure has been reviewed for form, style,
and matters of substantive import. The recommendations set forth above have been
communicated to the Petitioner via copy of this Certificate of Review, deposited in the
U.S. Mail to Jim Jones, 3151 N. 24th, Boise, Idaho 83702.

Sincerely,

Phere,

LAWRENCE G. WASDEN
Attorney General

Analysis by:

Robert A. Berry
Deputy Attorney General