In order for the new territory to be added to the district, petitions with the signatures of at least 60% of the qualified electors from that territory must be presented to the district library board and the county commissioners. It is best to get as many signatures on the petitions as possible, partly to avoid problems if some names are disqualified, and partly as a show of support for the district.
The requirements for the petition process are found in I.C. § 33-2704. Petitions must be verified by a qualified elector, and the verification must be made before a notary public. A sample form for the petitions has been included. In addition to explaining the issue at the top of the petition, there should be room at the bottom for the verifying signature of the petition carrier and the necessary information, signature, and seal of the notary public. Because there will be no election in this process, it is vital that the form of the petitions be completely legal. It is therefore highly recommended that the petitions be
checked by the library district’s attorney, and if possible by the county’s attorney, before they are passed for signatures.
Petition carriers should be active supporters for the library district expansion and live in the territory that will be added to the district. It helps if they are property owners, have good standing in the community, and understand the issues and process involved in creating a library district. If possible, a meeting to train carriers should be held, in which both the library issues and the petitioning process are explained.
At a minimum, good written and oral instructions for petition carriers need to be provided. Petition carriers need to be given these instructions to assure that the petitions will be correct and legal, and also so that the petition process acts as a good public relations tool for the district.
Here are some good instructions for petition carriers:
- A petition carrier must be a registered voter within the proposed district.
- Each petition signer must be a registered voter within the proposed district. If a potential signer is not sure whether he or she is a registered voter, it is best not to have him or her sign the petition, until residency can be verified.
- Each petition signer must include her or his entire address, including city in Idaho and zip code.
- A petition carrier may ask for the signer’s telephone number, but this is optional. The carrier must explain that signers do not have to give a telephone number and that telephone numbers will only be used to remind the signer of the hearing and to vote at the election. The same goes for e-mail addresses.
- Each petition carrier should sign his or her own petition on one of the signers’ lines as well as making the notarized signature at the bottom of the petition.
- A petition carrier should not allow anyone to sign for a spouse.
- A petition carrier should not promise anything about tax levies but should refer the question to the Working Group’s financial committee.
- A petition carrier should inform the signers of the hearing process and ask the signers to attend the hearing.
- Each petition carrier must write her or his verifying signature at the bottom of the petition in the presence of a notary public and have her or his signature notarized. All names on the petition will be invalidated if the petition is not notarized. Notary publics are available at county courthouses, city halls, banks, and other locations where public business is transacted. Many notaries will donate this service.
- All petitions need to be turned in by a certain date. Make sure that petition carriers understand how important it is to get petitions back on time.
Petitions should be turned into the district project coordinator or Working Group rather than directly to the county clerk. This allows the petitions to be checked for flaws and corrections made, if necessary, before they are turned in officially.