NAME RESIDENCE (street and number) PRECINCT

SECTION 16-A(3). Any number of copies of the petition and ordinance thereto attached may be circulated at the same time and all shall be considered as one petition, but each copy of the petition must be verified by at least one qualified elector, registered as a voter in the precinct of his then residence, which verification shall state his residence and the precinct in which affiant is registered, and that affiant knows that all of the persons whose names are signed to the petition are qualified electors of the city, registered as voters in the precinct and residing at the place set opposite their respective names, and that each signer, prior to placing his name upon the petition, read or heard read at length, section by section, the proposed ordinance thereto attached. Such verification may be made before any notary public.

Before circulating any such petition to the people of Boise City, an elector qualified as provided by Section 16-A(1) and found by the city clerk to be such, initiating the same, shall present to the city clerk, a copy of the proposed petition, and proposed ordinance, duly signed by at least 10 qualified electors of the city, registered as voters, and the city clerk shall immediately refer said proposed petition and ordinance to the city attorney, who shall within a reasonable time transmit to the city clerk his written opinion as to the sufficiency, form and legality of said proposed petition and ordinance. If such opinion is adverse the city attorney shall set forth the reasons therefor. If either the proposed petition or the proposed ordinance, or both, be found by the city attorney to be insufficient, or improper in form, or illegal, it shall be the duty of the clerk to notify, in writing, delivered personally, or by mail, without undue delay, the person presenting the proposed petition and ordinance thereof, and the reasons therefor. Said proposed petition or ordinance, or both, may be amended within 10 days from the date of the mailing or delivery of the notice. If amended and presented within said time the clerk and city attorney shall, within 10 days after such presentation, make like examination of the amended proposed petition and ordinance and if found to be insufficient, improper in form, or illegal, they shall be returned with the reasons therefor to the person presenting the same. If the proposed petition and proposed ordinance shall be found sufficient, in proper form and legal, the same shall be so endorsed by said officers with the date thereof and filed by the clerk and returned to the person presenting the same for circulation, and at the same time the clerk shall specify the form, kind and size of paper, on which such petition shall be printed, or typewritten, for circulation, notifying the person presenting the same thereof. Thereafter copies may be circulated for procuring signatures thereto, and within 60 days after the filing last above provided be filed with the clerk.

SECTION 16-A(4). Within 30 days from the date of filing said petition, the city clerk shall examine it and check the same to ascertain and determine whether or not said petition is presented, verified and filed as hereinbefore provided and signed by the required number of qualified electors of the city, registered as voters, whose residence and precinct appear thereon, and, if necessary, the council shall allow him extra help for that purpose; and he shall attach to the said petition his certificate showing the result of said examination; provided no signer shall be counted whose residence and precinct where registered do not therefrom appear and coincide or if not registered in the precinct where stated. If the petition does not contain the required number of qualified signatures as hereinbefore set forth, it shall be returned, personally, or by mail, without undue delay, to the person or persons filing the same, who shall have 10 days from the date of said certificate to obtain the necessary additional qualified signatures and file the same as amended. If amended, and refiled, within said time, the clerk shall make like examination of the amended petition, and if he shall find the same to be insufficient, he shall notify personally, or by mail, the person filing the same, and the same shall not again be amended or filed; without prejudice, however, to the proposal and filing of a new petition with respect to the same subject matter. If the petition, shall be found sufficient, the clerk shall so certify and submit the same to the council at its next regular meeting thereafter.

SECTION 16-A(5). If such petition is signed by qualified electors, registered as voters in the precincts where they reside, as hereinbefore provided, equal to 25 percentum of the total number of votes cast for mayor at the last preceding general municipal election, and in such petition it is requested that such proposed ordinance be submitted to popular vote at a special election, the council shall, within twenty days after the same has been submitted to it by the clerk, either pass such proposed ordinance without alteration or call a special election, which election must be held within forty days after the date of the ordering thereof; provided, further that, if the petition does not request a special election the council shall submit such proposed ordinance without alteration to be voted upon at the next general municipal election, or may, in its discretion, call a special election and submit said proposed ordinance to popular vote prior to such general municipal election.

SECTION 16-A(6). If such petition is signed by qualified electors of the city, registered as voters in the precinct where they reside as hereinbefore provided, equal to 10 and less than 25 percentum of the total number of votes cast for mayor at the last preceding general municipal election, and if such petition shall have been submitted to the council at least fifty days before the date fixed for the next general municipal election, and said proposed ordinance is not passed by the council without alteration, before the commencing of publication of notice of the next municipal election, it shall be submitted to popular vote at such election.

SECTION 16-A(7). If, prior to the date when any ordinance shall take effect, except an ordinance affecting the finances of or levying taxes for the city, or ordinances for the immediate preservation of the public peace, health or safety or support of the city government and existing public institutions as hereinabove provided, a petition, which petition and its requirements shall be substantially as hereinbefore provided in Section 16-A(1) to 16-A(4) inclusive, with the necessary changes made therein to meet the needs of this section, signed by qualified electors of the city, registered as voters, equal in number to 25 percentum of the entire vote cast for mayor at the last preceding general municipal election, shall be filed with the clerk, protesting against the enactment of such ordinance, said clerk shall examine said petition and signatures as hereinbefore provided with respect to initiative petitions and if the same shall be found after such examination to be in proper form, properly verified, and filed, and to contain the required number of valid signatures, the taking effect of such ordinance shall be suspended. If the clerk finds it sufficient he shall certify the total number of votes cast for mayor at the last preceding general municipal election, and the number of qualified signatures on such petition, and shall present such certificate, petition and ordinance to the council at its next meeting. Thereupon the council shall reconsider such ordinance, and, if it does not entirely repeal the same within twenty-five days thereafter, shall submit it to popular vote at the next general municipal election; provided that the council, in its discretion, may call a special election for that purpose. Such ordinance shall take effect unless a majority of those voting at such election shall vote against the same.

SECTION 16-A(8). The council, may of its own motion, submit to popular vote, for adoption or rejection, at any election, any proposed ordinance as provided herein for the submission of any ordinance on petition as herein provided.

SECTION 16-A(9). The ballots used when voting upon such proposed or referred ordinances shall be substantially the same as are required by the laws of the state of Idaho with respect to initiative and referendum petitions in cities under the commission form of government.

SECTION 16-A(10). If an election is to be held on any ordinance, the city clerk shall prior thereto give notice thereof by publication at least twice in an official newspaper of the city, which notice shall contain the proposed or referred ordinance, and such election shall be held and conducted in the same manner as herein provided for general municipal elections.

SECTION 16-A(11). If a majority of those voting at any election whereat any ordinance is submitted by initiative petition, shall vote in favor thereof, the same shall thereupon, or at the time fixed therein become effective.

SECTION 16-A(12). If the provisions of two or more ordinances approved at the same election are inconsistent, the ordinance receiving the highest number of votes shall prevail.

SECTION 16-A(13). No ordinance which has been adopted by popular vote under the provisions hereof, shall, except by popular vote upon the same, be repealed within a period of two years from its effective date or be amended so as to change the intent and purpose of such ordinance.

SECTION 16-A(14). Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions hereof. No more than one special election under the initiative or referendum provisions of this charter shall be held in any period of six months.

SECTION 16-A(15). The council may, by ordinances, make other and further regulations to carry out the provisions hereof not inconsistent herewith.

SECTION 16-A(16). No recall petition shall be filed against any officer until he has actually held office for at least three months.

SECTION 16-A(17). The recall shall be instituted by filing with the clerk a verified, written petition, requesting removal of an officer, signed by qualified electors of the city registered as voters in the precinct of their then residence, and stating the residence and precinct where registered of each signer thereto.

SECTION 16-A(18). The form and contents of the petition shall be substantially as follows:

   To the council of Boise City:

   We, the signers hereto, qualified electors of Boise City registered as voters in the precinct and residing at the place below stated, request the removal of (name of incumbent of elective office sought to be removed to be inserted) from the office (name of office to be inserted).

   (Here there shall be inserted in not more than 200 words the reasons for demanding the recall of the officer.)

               Residence (street   Precinct

      Name      and number)      where Registered

   State of Idaho   )

   County of Ada    ) ss.

   (Name of petitioner to be inserted here)

                              (Petitioner sign here)

                              Notary Public residing at

SECTION 16-A(19). The petition may consist of one or more papers circulated separately, and the signatures thereto may be upon the paper or papers containing the formal petition, or upon other papers attached thereto. The verification must be made by one or more petitioners, and the several parts of the petition, if circulated separately must be verified by the person circulating the same. All the papers and documents comprising a single petition shall be filed with the clerk on the same day, and the clerk shall notify immediately, in writing, the officer sought to be removed.

SECTION 16-A(20). Within 10 days after the filing of the petition the incumbent whose removal was requested shall file in writing, with the clerk, his objections, if any, to the sufficiency of such petition (other than to, or as to the truth of, the reasons for recall stated in the petition), and he cannot thereafter contest its sufficiency upon any objection not so filed. Such objections shall be specific, and shall set forth the reasons for each objection, and no general objection to the qualifications of the signers of such petition shall be sufficient. If the result of the election be adverse to the incumbent, all defects in the petition shall be cured thereby.

SECTION 16-A(21). Within ten days after the date of filing of objections to the petition, the city clerk shall examine said petition for the purpose of determining the sufficiency of the same as herein provided with respect to initiative and referendum petitions, and if the same shall be found, after examination, to be sufficient, he shall certify the number of votes cast for mayor at the last general municipal election, and the number of qualified signers to such petition, and present such petition and certificate to the council at its next regular meeting, and notify the officer sought to be recalled.

SECTION 16-A(22). If the petition be insufficient in any respect the city clerk shall notify the person filing the same as hereinbefore provided in Section 16-A(3), together with the reasons for such insufficiency, and the same may be withdrawn by the person filing it, and amended as many times as desired, within forty days of the original filing. The duty of the clerk shall be the same with respect to the examining and determining any amended petition as upon the original petition.

SECTION 16-A(23). If a petition be signed as hereinbefore required by a number equal to 35 percentum of the total number of votes cast for mayor at the last preceding general municipal election, the council, within seven days after the final certification by the clerk, unless the incumbent sought to be removed resign within five days after such final certification, shall order a special election to be held on a date fixed in such order, not less than 40 days, nor more than 50 days from the date of such final certification; provided, that if any municipal election for election of officers is appointed to be held within 90 days from said final certification, the recall election shall be held at the same time as such other election.

SECTION 16-A(24). If the petition is signed by qualified electors in number equal to 20 percentum and less than 35 percentum of the total number of votes cast at the last preceding general municipal election, the council, within seven days after the final certification by the clerk, unless the incumbent sought to be removed resign within five days after such final certification, shall order and fix the election upon the date of the next municipal election of officers; provided, that not less than 90 days shall elapse between the date of the final certification of the recall petition by the clerk and the said municipal election.

SECTION 16-A(25). In the published call for any election at which the recall of any such officers is requested under the provisions hereof, there shall be printed in not more than 200 words the reason for demanding the recall of the officer, as set forth in the recall petition, and in not more than 200 words an answer by the officer sought to be recalled provided that such officer file with the clerk such statement within ten days after receiving notice of the certification of such recall petition to the council.

SECTION 16-A(26). At such election the incumbent shall be a candidate without nomination unless he file written notice to the contrary with the clerk before the ballots are printed.

SECTION 16-A(27). The procedure for registration and election shall be the same as in general municipal elections.

SECTION 16-A(28). If a majority of votes cast at the election vote in favor of recall, his tenure of office shall terminate upon the determination of the result of the election by the canvassing board.

SECTION 16-A(29). An officer, removed from office by recall election, or who shall resign from such office pending recall proceedings against him, shall not be appointed to any city office or employment within two years after such removal or resignation.

SECTION 16-A(30). Two or more elective officers may be joined in one petition for removal.

SECTION 16-A(31). If a vacancy occurs in the office after a removal election has been ordered, the election shall not be held as herein provided.

SECTION 16-A(32). The council may, by ordinance, make such further regulations as may be necessary to carry out the provisions hereof relative to the recall of an official or officials.

   Ch. 1, Local and Special Laws 1927.

   Kerley v. Wetherell, 61 Ida. 31, 96 Pac. (2) 503.

   Ch. 226 S.L. 1947.