Record Number Of Initiatives? Unlikely, Says Attorney General

Idaho voters could face a record number of ballot initiatives in the next general election. But Attorney General Alan Lance doesn’t think they will.

“Personally, I am skeptical of the chances that all 11 proposed ballot initiatives will make it on the November, 1996 ballot,” Lance said.

His office on Friday released its reviews of four proposed initiatives. Two have serious constitutional problems, the reviews said, and two others won’t accomplish their goals without substantial changes.

The reviews are advisory only, and supporters are free to go ahead, even with initiatives that Lance says would be unconstitutional if they make it on the ballot and are approved by voters.

Initiative supporters must gather 41,335 signatures of registered voters by next July to qualify for the 1996 general election ballot.

This year, Lance and his staff have looked at 10 proposed initiatives, rejecting one because it improperly attempted to amend the Idaho Constitution by initiative.

He said Friday it’s possible more could be submitted. “There are still 79 days left in 1995 and anything can happen,” Lance said.

The 10 initiatives reviewed by state attorneys this year equals the record number that went before the staff of Attorney General David Leroy in 1982.

Lance said some of the questions, including abortion twice, have been controversial, but his staff had to work under a tight deadline.

“Given the controversial nature and the legal and constitutional issues involved, the turnaround time on reviews and the depth and qualify of legal research has been remarkable,” Lance said.

The reviews released Friday had Lance’s signature on them but said the legal analysis was done by deputy attorneys general Thomas Gratton, Brian Nicholas and Margaret Hughes.

Politics is kept out. “It would not be fair to either the public or to the petitioner who submits a proposed initiative to convert a mandatory legal review process into a means for me to express my political point of review,” Lance said.

He said the proposed initiative restricting abortions, proposed by supporters of the United States Militia Association, violates the U.S. Constitution.

Because it runs contrary to the U.S. Supreme Court’s 1973 Roe vs. Wade decision, the initiative would be unconstitutional were it to be approved by the voters, the attorney general said.

The initiative was among four presented by supporters of the United States Militia Association. Another of the group’s proposed initiatives also is unconstitutional, the attorney general said.

It attempts to ease restrictions on the formation of volunteer militia organizations. But Lance noted that’s unconstitutional, because the Idaho Constitution requires militias to be under control of the governor and through laws passed by the Legislature.

Two other initiatives, filed by Mary Charbonough, attempting to remove the sales tax on food, clothing and water, and drop the rate from 5 to 3 percent, need to be changed to also cover laws on use taxes, the attorney general said. Unless the initiatives are changed, Lance said, Idaho could have a 5 percent sales and use tax on some items and a 3 percent use tax on other items.

“The initiative does not accomplish what the petitioners intended,” the review said. “In order to accomplish the obvious purpose, the initiative needs to be redrafted and submitted as a new exemption to the Idaho sales and use tax,” it said.

The measure also needs clearer definitions of “food, water and clothing,” the review said.