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Attorney General Certificate of Review

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Section 1: That this act shall be known as and may be cited as The Idaho Term Limits Act of 1998.

Section 2: That Chapter 9, Title 34, Section 907, Idaho Code, be amended to replace the current Sections with NEW SECTIONS that will read as follows:

34-907. Limitation of ballot access for multi-term incumbents and local initiative in term limits for local elected officials.

(1) A person shall not be eligible to have his or her name placed upon a special, primary or general election ballot for a county or state office which they have previously held if they have served, will serve or but for resignation would have served, in the same office by the end of their current term of office for a length of time as follows:

(a) As a state elected official, during eight (8) or more of the previous fifteen (15) years.

(b) As a state legislator, representing any district within the state, including all House seats within the same district, during eight (8) or more of the previous fifteen (15) years.

(c) As a county commissioner, representing any district within the county, during six (6) or more of the previous eleven (11) years.

(d) As any other county elected official, during eight (8) or more of the previous fifteen (15) years.

(2) Nothing in this section shall be construed as prohibiting any qualified voter of this state from casting a ballot in a general election for any person by writing the name of that person on any ballot, or as prohibiting such a properly marked general election ballot from being counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a "write-in" campaign in a general election.

(3) The people shall have the right through the county initiative process provided in Idaho Code § 31-717 to eliminate the term limits created herein for county commissioners or any other county elected official.

Section 3: That Chapter 4, Title 50, Section 478, Idaho Code, be amended to replace the current Sections with NEW SECTIONS that will read as follows:

50-478. Limitations of ballot access for multi-term incumbents and local initiative on term limits for local elected officials.

(a) As a mayor during eight (8) or more of the previous fifteen (15) years.

(b) As a member of a city council representing any district or assigned member council seat during eight (8) or more of the previous fifteen (15) years.

(2) Nothing in this section shall be construed as prohibiting any qualified voter of this state from casting a ballot in a general election for any person by writing the name of that person on any ballot, or as prohibiting such a properly marked general election ballot from being counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a "write-in" campaign in a general election.

(3) The people shall have the right through the initiative process provided in Idaho Code 50-501 to eliminate the term limits created herein for mayors and city council members.

Section 4: That Chapter 4, Title 33, Section 443, Idaho Code, be amended to replace the current Sections with NEW SECTIONS that will read as follows:

33-443. Limitation of ballot access for multi-term incumbents.

(1) A person shall not be eligible to have his or her name placed upon the school election ballot for the office of school district trustee which they have previously held if they have served, will serve or but for resignation would have served, in the same office by the end of their current term of office, representing any zone of the district, during six (6) or more of the previous eleven (11) years.

(2) Nothing in this section shall be construed as prohibiting any qualified voter of this state from casting a ballot in a general election for any person by writing the name of that person on any ballot, or as prohibiting such a properly marked general election ballot from being counted or tabulated, nor shall any provision of this section be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a "write-in" campaign in a general election.

Section 5: That § 34-907(1)(2), § 50-478(1)(2) and § 33-443(1)(2) of this act shall take effect upon and be applicable to all school district, municipal, county and state candidates whose elected terms of office begin on or after January 1, 1995. Service prior to January 1, 1995 shall not be counted for purposes of this act. All other provisions of this act shall be in full force and effect one day after its passage by the voters of the state.

Section 6: That the provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.