About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2023 Certificate of Review Op. Idaho Att'y Gen. 1 (2023)

handle is hein.sag/sagid0108 and id is 1 raw text is: STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL. RAG0L R. LABRADOR May 31, 2023 VIA HAND DELIVERY The Honorable Phil McGrane Idaho Secretary of State Statehouse RE: Certificate of Review Proposed Initiative Amending Title 34, Idaho Code, to change Idaho's elections for U.S. House and Senate, State Offices, Legislative Offices, and County Offices. Dear Secretary of State McGrane: An initiative petition was filed on May 2, 2023, proposing to amend title 34 of the Idaho Code. Pursuant to Idaho Code § 34-1809, this office has reviewed the peti- tion and prepared the following advisory comments. Given the strict statutory timeframe within which this office must review the petition, our review can only iso- late areas of concern and cannot provide in-depth analysis of each legal or constitu- tional issue that may present problems. This letter therefore addresses only those matters of substance that are deemed necessary and appropriate to address at this time and does not address or catalogue all problems of substance or of form that the proposed initiative may pose under federal or Idaho law. Idaho Code § 34-1809(1)(a). Further, under the review statute, the Attorney General's recommendations are ad- visory only, and the petitioners are free to accept or reject them in whole or in part. Id. § 34-1809(l)(b). This office offers no opinion with regard to the policy issues raised by the proposed initiative or the potential revenue impact to the state budget from likely litigation over the initiative's validity. SUMMARY OF PROPOSED INITIATIVE The proposed initiative broadly addresses two distinct subjects in Idaho law: (I) the replacement of Idaho's current party primary system for most offices with what the proposed initiative calls an open primary; and (II) the institution of an instant run-off, otherwise known as ranked choice voting, for the general election. The initiative contains a severability clause in the event that any of its provisions are EXECUTIVE OFFICE P.O. Box 83720, BOISE, IDAHO 83720-0010 TELEPHONE: (208) 334-2400, FAX: (208) 854-8071 LOCATED AT 700 W, JEFFERSON STREET, SUITE 210

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most