concurring in result.
I concur in the reasoning and result of the Court’s opinion, except the determination that the Court will not address the question of standing since that issue was not raised in the pleadings or the briefs. I would hold that the question of standing is jurisdictional and cannot be waived by the parties but that the petitioners do have standing to assert the claims.
APPENDIX
WARNING
It is a felony for anyone to sign any initiative or referendum petition with any name other than his own, or to knowingly sign his name more than once for the measure, or to sign such petition when he is not a legal voter.
INITIATIVE PETITION
To the Honorable Pete T. Cenarrusa, Secretary of State of the State of Idaho:
“We, the undersigned citizens and legal voters of the State of Idaho, respectfully demand that the following proposed law, to-wit:
SHORT TITLE
Initiative instructing candidates for state legislature and U.S. Congress to support congressional term limits; requires statement indicating non-support on ballot.
LONG TITLE
Initiative instructing Idaho congressional delegation to support amendment to U.S. Constitution limiting terms of U.S. Representative to three, and U.S. Senator to two *619terms. If member of Idaho congressional delegation fails to perform certain acts supporting congressional term limits amendment, the phrase “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” would appear adjacent to their name on ballot. The initiative allows candidates for U.S. Congress to sign a pledge to support congressional term limits amendment, and the phrase “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” would appear adjacent to the candidate’s name on ballot if they fail to sign. The initiative instructs state legislators to make application to U.S. Congress for a convention proposing amendments to the U.S. Constitution. If a state legislator fails to perform certain acts in support of application, the phrase “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” would appear adjacent to legislator’s name on ballot. The initiative requires Secretary of State to determine whether statement should appear on ballot, and candidates and electors can appeal the decision to the Idaho Supreme Court. If congressional term limits amendment is before states for ratification or becomes part of U.S. Constitution, no statement would appear on ballot and act would be repealed.
Be It Enacted by the People of the State of Idaho:
Section 1: This act shall be known as and may be cited as The Congressional Term Limits Act of 1996.
Section 2: That Chapter 9, Title 34, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 34-907A, Idaho Code, and to read as follows:
34-907A. Information on Legislators’ support for Congressional Term Limits Amendment.
(1) Purpose — Constitutional Amendment.—
It is the purpose and intent in enacting this legislation to secure the adoption of the following congressional Term Limits Amendment under the provisions of Article 5 of the United States Constitution by informing voters of acts and omissions by candidates for State and Federal legislative office with respect to said constitutional amendment:
Section A. No person shall serve in the office of the United States Representative for more than three (3) terms, but upon ratification no person who has held the office of United States Representative or who then holds the office shall serve for more than two additional terms.
Section B. No person shell serve in the office of the United States Senator for more than two (2) terms, but upon ratification, no person who has held the office of the United States Senator or who then holds the office shall serve for more than one additional term.
Section C. This article shall have no time limit within which it must be ratified to become operative upon the ratification of the legislatures of three-fourths of the several States.
(2) Ballot Information for Members of Congress.—
(a) Each member of the Idaho congressional delegation is hereby instructed to use all of his or her delegated powers to pass the Congressional Term Limits Amendment set forth above. All primary, general, and special election ballots shall have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” printed adjacent to the name of any U.S. Representative or U.S. Senator who did any one or more of the following acts:
1. failed to vote in favor of the proposed Congressional Term Limits Amendment set forth above when brought to a vote; or
2. failed to second the proposed Congressional Term Limits Amendment set forth above if it lacked for a second before any proceeding of the legislative body; or
3. failed to propose or otherwise bring to a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth above if it otherwise lacked a legislator who so proposed or brought to *620a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth above; or
4. failed to vote in favor of all votes bringing the proposed Congressional Term Limits Amendment set forth above before any committee or subcommittee upon which he or she served in the respective house; or
5. failed to vote against or reject any attempt to delay, table, or otherwise prevent a vote by the full legislative body of the proposed Congressional Term Limits Amendment set forth above; or
6. failed to vote against any term limits proposal with longer limits than the proposed Congressional Term Limits Amendment set forth above; or
7. sponsored or co-sponsored any proposed Constitutional amendment or law that proposes term limits with longer limits than those in the proposed Congressional Term Limits Amendment set forth above; or
8. failed to ensure that all votes on the proposed Congressional Term Limits Amendment set forth above were recorded and made available to the public.
(b)The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” shall not appear adjacent to the name of a candidate for Congress if the Congressional Term Limits Amendment set forth above is before the States for ratification or has become part of the U.S. Constitution.
(3) Ballot Information on Term Limit Pledge for Non-Incumbents.—
(a) Each non-incumbent candidate for the office of U.S. Representative and U.S. Senator, state representative or state senator shall be offered the opportunity to sign a “Term Limits Pledge” each time he or she files as a candidate for such an office. A candidate who declines to sign the “Term Limits Pledge” shall have the information “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed adjacent to his or her name on the election ballot.
(b) The “Term Limit Pledge” shall be offered to every non-incumbent candidate for U.S. Senator, U.S. Representative, state senator, or state representative each time he or she files for candidacy until such time as the U.S. Constitution has been amended to limit U.S. Senators to two terms in office and U.S. Representatives to three terms in office.
(c) The “Term Limits Pledge” that each non-incumbent candidate set forth above shall be offered is as follows:
“I support congressional term limits and pledge to use all of my legislative powers to enact the proposed Congressional Term Limits Amendment set forth in the Congressional Term Limits Act of 1996. If elected, I pledge to act and vote in such a way that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” will not appear next to my name.”
The pledge form will provide a space for the signature of the candidate and the date signed.
(d) The information “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall not appear adjacent to the names of non-incumbent candidates for U.S. Congress or the Idaho Legislature if the Congressional Term Limits Amendment set forth above has become part of the United States Constitution.
(4) Ballot Information for State Legislators.—
(a) Since it is the purpose and intent of this act to secure the Congressional Term Limit Amendment, the legislature of the State of Idaho is specifically instructed to support the following application to Congress:
“We, the People and Legislature of the State of Idaho, due to our desire to establish term limits on the Congress of the United States, hereby make application to Congress, pursuant to our power under Article 5 of the United States Constitution, to call a convention for proposing amendments to the Constitution.”
(b) At each election for the office of state legislator, the ballot shall inform voters regarding any incumbent and non-incum*621bent candidate’s failure to support the Congressional Term Limits Amendment proposed in Section 2.(1) above. All primary, general, and special election ballots shall have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” printed adjacent to the name of any state senator or representative who did any one or more of the following acts::
1. failed to vote in favor of the application set forth above when brought to a vote; or
2. failed to second the application set forth above if it lacked for a second; or
3. failed to vote in favor of all votes bringing the application set forth above before any committee, subcommittee or legislative council upon which he or she served in the respective house; or
4. failed to propose or otherwise bring to a vote of the full legislative body the application set forth above if it otherwise lacked a legislator who so proposed or brought to a vote of the full legislative body the application set forth above; or
5. failed to vote against any attempt to delay, table, or otherwise prevent a vote by the full legislative body of the application set forth above; or
6. failed in any way to ensure that all votes on the application set forth above were recorded and made available to the public; or
7. failed to vote against any change, addition, or modification to the application set forth above; or
8. failed to vote in favor of the amendment set forth above when it was sent to the States for ratification; or
9. failed to vote against any term limits amendment with longer limits than the proposed amendment set forth above, if such an amendment was sent to the States for ratification.
(e) The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” as required by any of subsections (1) through (7) shall not appear adjacent to the names of candidates for the state legislature if the State of Idaho has made the application to Congress for a convention for proposing amendments to the U.S. Constitution pursuant to this Act and such application has not been withdrawn.
(d) The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” as required by either of subsections (8) or (9), shall not appear adjacent to the names of candidates for the state legislature if the Congressional Term Limits Amendment set forth above has been submitted to the States for ratification and ratified by the Idaho Legislature, or the proposed Congressional Term Limits Amendment set forth above has become part of the U.S. Constitution.
(5) Ballot Information Designation — Determination by the Secretary of State.—
(a) The Secretary of State shall be responsible to make an accurate determination from any official report or record of Congress or the Legislature or any other report deemed reliable by the Secretary Of State as to whether a candidate for the state or federal legislature shall have placed adjacent to his or her name on the election ballot the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS.”
(b) The Secretary of State shall consider timely submitted public comments prior to making the determination required in subsection (a) of this section.
(c) The Secretary of State, in accordance with subsection (a) of this section shall determine and declare what information, if any, shall appear adjacent to the names of each incumbent state and federal legislator if he or she was to be a candidate in the next general election. In the case of U.S. Representatives and U.S. Senators, this determination and declaration shall be made in a fashion necessary to ensure orderly printing of primary and general election ballots with allowance made for all legal action provided in sections (e), (f), and (g), below, and shall be based upon each member of Congress’s action during *622their current terra of office and any action taken in any concluded term, if such action was taken after the determination and declaration was made by the Secretary of State in a previous election. In the case of incumbent state legislators, this determination and declaration shall be made not later than thirty (30) days after the end of the regular session following each general election, and shall be based upon legislative action in the previous regular session and any action taken in a previous session, if such action was taken after the determination and declaration was made by the Secretary of State in the previous election. The Secretary of State shall provide official notification to the incumbents by certified mail and to the public by official media statement, or legal publication.
(d) The Secretary of State shall, determine and declare what information, if any, shall appear adjacent to the names of non-incumbent candidates for state and federal legislator, not later than five (5) days after the deadline for filing for the office. The Secretary of State shall provide official notification to the candidate by certified mail and to the public by official media statement or legal publication.
(e) If the Secretary of State makes the determination that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall not be placed on the ballot adjacent to the name of a candidate for senator or representative for state or federal office, any elector may appeal such decision within five (5) days after official public notification of the determination by the Secretary of State to the Idaho Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the Secretary of State, relying upon information provided by the candidate, to demonstrate by clear and convincing evidence that the candidate has met the requirements set forth in this Act and therefore should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.
(f) If the Secretary of State determines that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall be plaeed on the ballot adjacent to a candidate’s name, the candidate may appeal such decision within five (5) days after receipt of notification to the Idaho Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the candidate to demonstrate by clear and convincing evidence that he or she should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.
(g) The Idaho Supreme Court shall hear the appeals provided for in sections (e) and (f) on an expedited basis and shall issue decisions not later than two days prior to the date by which the Secretary of State must order ballots printed to comply with election laws.
Section 3: Automatic Repeal.
At such time as the Congressional Term Limits Amendment set forth in Section 2 or an amendment with no longer terms has become part of the U.S. Constitution, this Act automatically shall be repealed.
Section 4: Severability.
If any portion, clause, or phrase of this Act is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses, and phrases shall not be affected, but shall remain in full force and effect.