US Laws, Codes, Statutes & Cases

                                  TITLE  34
                                  ELECTIONS
                                  CHAPTER 9
                                   BALLOTS
    34-907A.  INFORMATION ON LEGISLATORS' SUPPORT FOR CONGRESSIONAL TERM
LIMITS AMENDMENT. (1)  Purpose -- Constitutional Amendment. -- It is the
purpose and intent in enacting this legislation to secure the adoption of the
following Congressional Term Limits Amendment under the provisions of Article
5 of the United States Constitution by informing voters of acts and omissions
by candidates for State and Federal legislative office with respect to said
constitutional amendment:
    Section A.  No person shall serve in the office of the United States
    Representative for more than three (3) terms, but upon ratification no
    person who has held the office of United States Representative or who then
    holds the office shall serve for more than two additional terms.
    Section B.  No person shall serve in the office of the United States
    Senator for more then [than] two (2) terms, but upon ratification, no
    person who has held the office of the United States Senator or who then
    holds the office shall serve for more than one additional term.
    Section C.  This article shall have no time limit within which it must be
    ratified to become operative upon the ratification of the legislatures of
    three-fourths of the several States.
(2)  Ballot Information for Members of Congress.--
    (a)  Each member of the Idaho congressional delegation is hereby
instructed to use all of his or her delegated powers to pass the Congressional
Term Limits Amendment set forth above.  All primary, general, and special
election ballots shall have the information "DISREGARDED VOTERS' INSTRUCTION
ON TERM LIMITS" printed adjacent to the name of any U.S. Representative or
U.S. Senator who did any one or more of the following acts:
    1.  failed to vote in favor of the proposed Congressional Term Limits
    Amendment set forth above when brought to a vote; or
    2.  failed to second the proposed Congressional Term Limits Amendment set
    forth above if it lacked for a second before any proceeding of the
    legislative body; or
    3.  failed to propose or otherwise bring to a vote of the full legislative
    body the proposed Congressional Term Limits Amendment set forth above if
    it otherwise lacked a legislator whose proposed or brought to a vote of
    the full legislative body the proposed Congressional Term Limits Amendment
    set forth above; or
    4.  failed to vote in favor of all votes bringing the proposed
    Congressional Term Limits Amendment set forth above before any committee
    or subcommittee  upon which he or she served in the respective house; or
    5.  failed to vote against or reject any attempt to delay, table, or
    otherwise prevent a vote by the full legislative body of the proposed
    Congressional Term Limits Amendment set forth above; or
    6.  failed to vote against any term limits proposal with longer limits
    than the proposed Congressional Term Limits Amendment set forth above; or
    7.  sponsored or co-sponsored any proposed Constitutional amendment or law
    that proposes term limits with longer limits than those in the proposed
    Congressional Term Limits Amendment set forth above; or
    8.  failed to ensure that all votes on the proposed Congressional Term
    Limits Amendment set forth above were recorded and made available to the
    public.
    (b)  The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS'
shall not appear adjacent to the name of a candidate for Congress if the
Congressional Term Limits Amendment set forth above is before the States for
ratification or has become part of the U.S. Constitution.
(3)  Ballot Information on Term Limit Pledge for Non-Incumbents. --
    (a)  Each non-incumbent for the office of U.S. Representative and U.S.
Senator, state representative or state senator shall be offered the
opportunity to sign a "Term Limits Pledge" each time he or she files as a
candidate for such an office.  A candidate who declines to sign the "Term
Limits Pledge" shall have the information "DECLINED TO PLEDGE TO SUPPORT TERM
LIMITS" printed adjacent to his or her name of the election ballot.
    (b)  The "Term Limit Pledge" shall be offered to every non-incumbent
candidate for U.S. Senator, U.S. Representative, state senator, or state
representative each time he or she files for candidacy until such time as the
U.S. Constitution has been amended to limit U.S. Senators to two terms in
office and U.S. Representatives to three terms in office.
    (c)  The "Term Limits Pledge" that each non-incumbent candidate set forth
above shall be offered is as follows:
    "I support congressional term limits and pledge to use all of my
    legislative powers to enact the proposed Congressional Term Limits
    Amendment set forth in the Congressional Term Limits Act of 1996.  If
    elected, I pledge to act and vote in such a way that the information
    "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" will not appear next to
    my name."
The pledge form will provide a space for the signature of the candidate and
the date signed.
    (d)  The information "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS" shall not
appear adjacent to the names of non-incumbent candidates for U.S. Congress or
the Idaho Legislature if the Congressional Term Limits Amendment set forth
above has become part of the United States Constitution.
(4)  Ballot Information for State Legislators. --
    (a)  since it is the purpose and intent of this act to secure the
Congressional Term Limit Amendment, the legislature of the State of Idaho is
specifically instructed to support the following application to Congress:
    "We, the People and Legislature of the State of Idaho, due to our desire
    to establish term limits on the Congress of the United States, hereby make
    application to Congress, pursuant to our power under Article 5 of the
    United States Constitution, to call a convention for proposing amendments
    to the Constitution."
    (b)  At each election for the office of state legislator, the ballot shall
inform voters regarding any incumbent and non-incumbent candidate's failure to
support the Congressional Term Limits Amendment proposed in Section 2. (1)
above.  All primary, general, and special election ballots shall have the
information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" printed adjacent
to the name of any state senator or representative who did any one or more of
the following acts:
    1.  failed to vote in favor of the application set forth above when
    brought to a vote; or
    2.  failed to second the application set forth above if it lacked for a
    second; or
    3.  failed to vote in favor of all votes bringing the application set
    forth above before any committee, subcommittee or legislative council upon
    which he or she served in the respective house; or
    4.  failed to propose or otherwise bring to a vote of the full legislative
    body the application set forth above if it otherwise lacked a legislator
    who so proposed or brought to a vote of the full legislative body the
    application set forth above; or
    5.  failed to vote against any attempt to delay, table, or otherwise
    prevent a vote by the full legislative body of the application set forth
    above; or
    6.  failed in any way to ensure that all votes on the application set
    forth above were recorded and made available to the public; or
    7.  failed to vote against any change, addition, or modification to the
    application set forth above; or
    8.  failed to vote in favor of the amendment set forth above when it was
    sent to the States for ratification; or
    9.  failed to vote against any term limits amendment with longer limits
    than the proposed amendment set forth above, if such an amendment was sent
    to the States for ratification.
    (c)  The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" as
required by any of subsections (1) through (7) shall not appear adjacent to
the names of candidates for the state legislature if the State of Idaho has
made the application to Congress for a convention for proposing amendments to
the U.S. Constitution pursuant to this Act and such application has not been
withdrawn.
    (d)  The information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" as
required by either of subsections (8) or (9), shall not appear adjacent to the
names of candidates for the state legislature if the Congressional Term Limits
Amendment set forth above has been submitted to the States for ratification
and ratified by the Idaho Legislature, or the proposed Congressional Term
Limits Amendment set forth above has become part of the U.S. Constitution.
(5)  Ballot Information Designation -- Determination by the Secretary Of
State. --
    (a)  The Secretary of State shall be responsible to make an accurate
determination from any official report or record of Congress or the
Legislature or any other report deemed reliable by the Secretary Of State as
to whether a candidate for the state or federal legislature shall have placed
adjacent to his or her name on the election ballot the information
"DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO
SUPPORT TERM LIMITS."
    (b)  The Secretary of State shall consider timely submitted public
comments prior to making the determination required in subsection (a) of this
section.
    (c)  The Secretary of State, in accordance with subsection (a) of this
section shall determine and declare what information, if any, shall appear
adjacent to the names of each incumbent state and federal legislator if he or
she was to be a candidate in the next general election.  In the case of U.S.
Representatives and U.S. Senators, this determination and declaration shall be
made in a fashion necessary to ensure orderly printing of primary and general
election ballots with allowance made for all legal action provided in sections
(e), (f), and (g), below, and shall be  based upon each member of Congress's
action during their current term of office and any action taken in any
concluded term, if such action was taken after the determination and
declaration was made by the Secretary of State in a previous election.  In the
case of incumbent state legislators, this determination and declaration shall
be made not later than thirty (30) days after the end of the regular session
following each general election, and shall be based upon legislative action in
the previous regular session and any action taken in a previous session, if
such action was taken after the determination and declaration was made by the
Secretary of State in the previous election.  The Secretary of State shall
provide official notification to the incumbents by certified mail and to the
public by official media statement, or legal publication.
    (d)  The Secretary of State shall, determine and declare what information,
if any, shall appear adjacent to the names of non-incumbent candidates for
state and federal legislator, not later than five (5) days after the deadline
for filing for the office.  The Secretary of State shall provide official
notification to the candidate by certified mail and to the public by official
media statement or legal publication.
    (e)  If the Secretary of State makes the determination that the
information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or "DECLINED TO
PLEDGE TO SUPPORT TERM LIMITS" shall not be placed on the ballot adjacent to
the name of a candidate for senator or representative for state or federal
office, any elector may appeal such decision within five (5) days after
official public notification of the determination by the Secretary of State to
the Idaho Supreme Court as an original action or shall waive any right to
appeal such decision; in which case the burden of proof shall be upon the
Secretary of State, relying upon information provided by the candidate, to
demonstrate by clear and convincing evidence that the candidate has met the
requirements set forth in this Act and therefore should not have the
information "DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or "DECLINED TO
PLEDGE TO SUPPORT TERM LIMITS" printed on the ballot adjacent to the
candidate's name.
    (f)  If the Secretary of State determines that the information
"DISREGARDED VOTERS' INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO
SUPPORT TERM LIMITS" shall be placed on the ballot adjacent to a candidate's
name, the candidate may appeal such decision  within five (5) days after
receipt of notification to the Idaho Supreme Court as an original action or
shall waive any right to appeal such decision; in which case the burden of
proof shall be upon the candidate to demonstrate by clear and convincing
evidence that he or she should not have the information "DISREGARDED VOTERS'
INSTRUCTION ON TERM LIMITS" or "DECLINED TO PLEDGE TO SUPPORT TERM LIMITS"
printed on the ballot adjacent to the candidate's name.
    (g)  The Idaho Supreme Court shall hear the appeals provided for in
sections (e) and (f) on an expedited basis and shall issue decisions not later
than two days prior to the date by which the Secretary of State must order
ballots printed to comply with election laws.