Idaho Code § 34-1809

Section 34-1809 requires the Attorney General to provide an initiative ballot title with a distinctive short title of no more than 20 words and a long title of no more than 200 words describing the initiative's purpose.

Matter of Writ of Prohibition · filed 1995-12-22

Idaho Code § 34-1809 requires the Attorney General to draft a ballot title containing a short title of no more than twenty (20) words and a long title of no more than two hundred (200) words. The short title must provide a “distinctive” statement by which the measure would be commonly referred to. I.C. § 34-1809. The long title must describe the purpose of the initiative.

Subsection (4) cannot confer original jurisdiction on the Idaho Supreme Court to hear an action challenging an initiative's constitutionality because the Legislature cannot broaden the court's constitutionally fixed jurisdiction.

Regan v. Denney · filed 2019-02-05(4)

Section 34-1809(4) provides that, "[a]ny qualified elector of the state of Idaho may, at any time after the attorney general has issued a certificate of review, bring an action in the [S]upreme [C]ourt to determine the constitutionality of any initiative." However, section 34-1809(4) unconstitutionally attempts to broaden this Court's jurisdiction. ... Based on the above, we hold that Idaho Code section 34-1809(4) is unconstitutional, as it constitutes an attempt by the Legislature to broaden this Court's jurisdiction in contravention of the separation of powers doctrine in the Idaho Constitution. ... Accordingly, section 34-1809(4) does not create jurisdiction for this Court to hear Regan's petition.

Section 34-1809 requires an initiative’s short title to distinctly and impartially identify the measure’s characteristic features, and its long title to state the measure’s purpose without argument or prejudice.

American Civil Liberties Union, Idaho Chapter v. Echohawk · filed 1993-08-03

Under I.C. § 34-1809, the fundamental inquiry is whether the short title is “distinctive,” that is, whether the short title “set[s] forth the characteristics which distinguish this proposed measure and expeditiously and accurately acquaint the prospective signer with what he or she is sponsoring.” ... The Attorney General’s short title is not argumentative or prejudicial, but instead is a true and impartial statement of the ICA initiative. We hold that the Attorney General’s short title, “[a]n act establishing state policies regarding homosexuality,” captures the distinctive characteristic of the ICA initiative using language by which it is commonly referred to as required by I.C. § 34-1809. ... Under I.C. § 34-1809, the long title is limited to 200 words and must express the “purpose of the measure.” ... We hold that the Attorney General’s long title does express the purpose of the ICA initiative without being argumentative or prejudicial.

Section 34-1809 requires initiative ballot titles to substantially comply with its short-title and general-title requirements, including using commonly used, distinctive, true, impartial, and nonprejudicial language.

Idahoans for Open Primaries v. Labrador · filed 2023-08-16(2)(d)(i), (2)(d)(ii), (2)(e), (3)(c)

Accordingly, we hold that the “substantial compliance” standard best describes our inquiry when reviewing ballot titles. ... The plain and unambiguous language of section 34-1809(2)(d)(i) requires the Attorney General to ascertain how an initiative is commonly referred to or spoken of and incorporate that language into the short title. ... In summary, we hold that the general title fails to substantially comply with section 34-1809(d) and (e) because it is likely to prejudice the Initiative due to: (1) its use of the term “nonparty blanket primary,” (2) it falsely stating that voters would be required to vote for each candidate on the ballot in order of preference, and (3) its failure to advise the voter that her ballot would continue to be counted in each successive round so long as one of her ranked candidates remains.

Section 34-1809 requires the Attorney General to prepare a short ballot title of no more than 20 words that is distinctive, comprehensive, and uses commonly understood language, and a general title of no more than 200 words stating the measure’s purpose in true, impartial, nonprejudicial language.

Idahoans United for Women and Families v. Labrador · filed 2025-06-24(2)(a), (2)(d)(i), (2)(d)(ii), (2)(e)

Section 34-1809 mandates that “the attorney general shall provide ballot titles,” I.C. § 34-1809(2)(a) (emphasis added), that “shall contain: . . . [a] [d]istinctive short title not exceeding twenty (20) words by which the measure is commonly referred to or spoken of” and “[a] general title expressing in not more than two hundred (200) words the purpose of the measure,” I.C. § 34-1809(2)(d)(i), (ii) (emphasis added). Section 34-1809 also mandates that, “[i]n making the ballot title, the attorney general shall, to the best of his ability, give a true and impartial statement of the purpose of the measure and in such language that the ballot title shall not be intentionally an argument or likely to create prejudice either for or against the measure.” I.C. § 34-1809(2)(e) (emphasis added). ... We conclude that the Attorney General’s short title fails to capture two key characteristics of the Initiative: the expanded right to an abortion post-viability and the limitations on healthcare provider liability. ... As a result, the short title is misleading and fails to “accurately acquaint the prospective signer with what he or she is sponsoring.” ... We hold that the long title substantially complies with Idaho Code section 34-1809.