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Valkenburgh v. Citizens for Term Limits12/6/2000
2000 Opinion No. 116
Boise, March 2000 Term
Frederick C. Lyon, Clerk
NATURE OF THE CASE
This is a petition for a writ of prohibition and application for a declaratory judgment seeking to prevent the Secretary of State from taking any action pursuant to I.C. § 34-970B and seeking to have I.C. § 34-907B declared unconstitutional under both the Idaho Constitution and the United States Constitution. The Petitioners, Jack Van Valkenburgh, Penny Fletcher, W. Anthony Park, and Larry Eastland, argue I.C. § 34-907B violates the guarantees of freedom of speech and the right to vote found in both the Idaho Constitution and the United States Constitution. Because we find the ballot legend unconstitutional, we issue a writ of prohibition prohibiting the Secretary of State from carrying out the directions contained in subsections (3) and (4) of I.C. § 34-907B as they pertain to the placement of ballot legends on the ballot. Additionally, because we find that subsection (5) is not severable from the unconstitutional portions of the statute, we also strike down that subsection. Finally, we deny petitioners attorney fees under the private attorney general doctrine.
I. FACTUAL AND PROCEDURAL BACKGROUND
In 1998, proponents of federal term limits successfully campaigned for the passage of a ballot initiative called "The Congressional Term Limits Pledge Act of 1998." This initiative, now codified as I.C. § 34-907B, reads as follows:
34-907B. Term Limits Pledge. - (1) The Secretary of State shall permit but not require any candidate for the United States Congress to submit to the Secretary of State an executed copy of the Term Limits Pledge set forth in subsection (2) of this section up until 15 days prior to the Secretary of State's certification of the ballot in order for the ballot information set forth in subsections (3) and (4) of this section to be included on that ballot.
(2) The Term Limits Pledge will be as set forth herein and will incorporate the applicable language in brackets, "[ ]" for the office the candidate seeks: I voluntarily pledge not to serve in the United States [House of Representatives for more than three (3) terms] [Senate more than two (2) terms] after the effective date of this provision. I understand that informing the voters that I have taken this pledge is important to the voters. I therefore authorize, instruct and ask the Secretary of State to notify voters of this action by placing the applicable ballot information, "Signed TERM LIMITS pledge to serve no more than [three (3) terms] [two (2) terms]" or "Broke TERM LIMITS pledge" next to my name on every election ballot and in all state sponsored voter education material in which my name appears as a candidate for the office to which the pledge refers.
(3) The Secretary of State shall place on every election ballot and in all state sponsored voter education material the applicable ballot information, "Signed TERM LIMITS pledge to serve no more than [three (3) terms] [two (2) terms]" next to the name of any candidate for the office of United States Representative and United States Senator who has ever executed the Term Limits Pledge except when subsection (4) of this section applies.
(4) The Secretary of State shall place on every election ballot and in all state sponsored voter education material the ballot information, "Broke TERM LIMITS pledge" next to the name of any candidate who at any time executes the Term Limits Pledge and thereafter qualifies as a candidate for a term that would exceed the number of terms set forth in the Term Limits Pledge.
(5) The Secretary of State, or designated election offi
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