What is a Certificate of Review, and what did the Idaho AG do with the 2002 ballot initiative to reinstate state term limits?

Plain-English summary

On February 12, 2002, an initiative petition titled the "Idaho State Term Limits Act of 2002" was filed with the Idaho Secretary of State. Under Idaho Code § 34-1809, the Attorney General must review a proposed initiative within twenty working days and issue a Certificate of Review. This document is that certificate, signed by Attorney General Lawrence Wasden on February 28, 2002.

A Certificate of Review is an advisory step in Idaho's initiative process. The statute directs the AG to review the measure "for matters of substantive import" and to recommend any revisions deemed necessary, but it states plainly that the recommendations "shall be advisory only" and that the petitioner "may accept or reject them in whole or in part." The certificate is not an approval, a rejection, or a ruling on whether the initiative is constitutional.

The version of this opinion extracted from the official source includes the certificate's opening and the text of § 34-1809 but not the AG's substantive comments on this particular initiative. The full certificate is available in the linked PDF.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What is a Certificate of Review?
A: It is the advisory review the Idaho Attorney General must complete under Idaho Code § 34-1809 before an initiative can circulate for signatures. The AG reviews the proposal for form, style, and matters of substantive import and may recommend changes. The drafters are free to accept or reject those recommendations.

Q: Does a Certificate of Review mean the initiative is legal or will pass?
A: No. The statute makes the AG's recommendations advisory only. The certificate is a procedural checkpoint, not a ruling on the measure's constitutionality and not a prediction about the election.

Q: What did this particular initiative propose?
A: It was titled the "Idaho State Term Limits Act of 2002." The text extracted from the official source does not include the AG's substantive description of its provisions. See the linked PDF for the complete certificate.

Background and statutory framework

Idaho's initiative power is part of the legislative power reserved to the people. Idaho Code § 34-1809 sets up the Certificate of Review as an early checkpoint: before signatures are gathered, the Attorney General reviews the draft and offers advisory comments, giving petitioners a chance to fix problems of form or substance before they invest in a signature drive.

Citations and references

Statutes:

• Idaho Code § 34-1809 (Attorney General review of initiative and referendum measures)

Source

• Landing page: https://www.ag.idaho.gov/office-resources/opinions/
• Original PDF: https://ag.idaho.gov/content/uploads/2018/04/C022802.pdf

Original opinion text

February 28, 2002

The Honorable Pete T. Cenarrusa
Secretary of State
HAND DELIVERED

Re: Certificate of Review – Initiative Concerning State Term Limits

Dear Mr. Cenarrusa:

An initiative petition was filed with your office on February 12, 2002, called the "Idaho State Term Limits Act of 2002" (proposed initiative).

Idaho Code § 34-1809 provides in relevant part:

Review of initiative and referendum measures by attorney general— . . . the attorney general . . . shall, within twenty (20) working days from receipt thereof, review the proposal for matters of substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate. The recommendations of the attorney general shall be advisory only and the petitioner may accept or reject them in whole or in part. The attorney general shall issue a certificate of review to the secretary of state certifying that he has reviewed the measure for form and style . . .

Pursuant to this duty, this office has reviewed the proposed initiative and prepared the following advisory comments.

Full opinion text unavailable from the official source. See the linked PDF or landing page above for the complete text.

Sincerely,

LAWRENCE G. WASDEN
Attorney General