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SIMPSON v. CENARRUSA

Docket No. 23526

944 P.2d 1372 (1997)

130 Idaho 609

In the Matter of the Application and Petition for Writ of Prohibition and Declaratory Judgment. Michael K. SIMPSON, Jerry T. Twiggs, Maynard M. Miller, Bruce Sweeney, Marguerite Mc Laughlin, Jim D. Kempton, Laird Noh, Wendy Jaquet, Golden C. Linford and Reed Hanson, Petitioners, v. Pete T. CENARRUSA, Secretary of State of the state of Idaho, Respondent, and Citizens for Federal Term Limits, Respondent-Real Party in Interest.

Supreme Court of Idaho. Boise, May 1997 Term.

August 7, 1997.

Attorney(s) appearing for the Case

Evans Keane, Boise; Park, Redford, Thomas & Burkett, Boise, for Petitioners. Jon M. Bauman argued.

Manweiler, Bevis & Cameron, Boise, for Respondent, Cenarrusa. Howard I. Manweiler argued.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur D'Alene; and Stephen J. Safranek, University of Detroit (argued), Detroit, MI, for Respondent, Citizens for Federal Term Limits. Peter C. Erbland argued.

JOHNSON, Justice.

This is a writ of prohibition and declaratory judgment case concerning the constitutionality of Proposition 4, entitled "Initiative instructing candidates for state legislature and U.S. Congress to support congressional term limits; requires statement indicating non-support on ballot." We declare that the ballot legend and pledge portions of Proposition 4 are unconstitutional, but that the instructions to members of congress and legislators do not...

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