HOUSE BILL NO. 162

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H0162.........................................................by STATE AFFAIRS
HELP AMERICA VOTE ACT - Adds to and amends existing law to implement the
federal "Help America Vote Act."
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to St Aff
02/14    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 53-17-0
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Cannon, Collins, Cuddy, Deal, Denney, Douglas, Edmunson,
      Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg,
      Lake, Langford, Langhorst, Martinez, Meyer, Miller, Mitchell, Naccarato,
      Nielsen, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler,
      Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smylie,
      Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Bradford, Campbell, Clark, Crow, Eberle, Ellsworth,
      Eskridge, Harwood, Kulczyk, McGeachin, McKague, Moyle, Roberts, Sali,
      Smith(24), Wood
      Absent and excused -- None
    Floor Sponsors - Deal & Stevenson
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to St Aff
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- McWilliams
    Floor Sponsor - Darrington
    Title apvd - to House
03/05    To enrol
03/06    Rpt enrol - Sp signed
03/07    Pres signed
03/10    To Governor
03/13    Governor signed
         Session Law Chapter 48
         Effective: 03/13/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 162
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTIONS; AMENDING SECTION 34-201, IDAHO CODE, TO PROVIDE FURTHER
  3        DUTIES OF THE SECRETARY OF STATE REGARDING ELECTIONS; AMENDING CHAPTER  2,
  4        TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-216, IDAHO CODE,
  5        TO  PROVIDE FOR GRIEVANCE PROCEDURES; AMENDING SECTION 34-303, IDAHO CODE,
  6        TO DELETE LANGUAGE STATING THAT NO ELECTION BOARD  FOR  A  PRECINCT  SHALL
  7        EXCEED  TEN MEMBERS; AMENDING SECTION 34-410, IDAHO CODE, TO PROVIDE ADDI-
  8        TIONAL REQUIREMENTS FOR MAIL REGISTRATION; AMENDING SECTION 34-411,  IDAHO
  9        CODE,  TO REVISE THE CONTENTS OF AN APPLICATION FOR REGISTRATION; AMENDING
 10        SECTION 34-416, IDAHO CODE, TO DELETE LANGUAGE REQUIRING THE OFFICIAL  WHO
 11        PERSONALLY REGISTERS THE ELECTOR TO SIGN HIS NAME AND TITLE IN ATTESTATION
 12        ON  THE  COMPLETED  CARD;  AMENDING  SECTION 34-437, IDAHO CODE, TO REVISE
 13        REQUIREMENTS AND RESTRICTIONS FOR FURNISHING LISTS OF REGISTERED ELECTORS;
 14        AMENDING SECTION 34-437A, IDAHO CODE, TO REQUIRE THE SECRETARY OF STATE IN
 15        CONJUNCTION WITH COUNTY CLERKS TO DEVELOP AND IMPLEMENT A SINGLE,  UNIFORM
 16        OFFICIAL  LIST OF REGISTERED ELECTORS AND TO PROVIDE REQUIREMENTS; REPEAL-
 17        ING SECTION 34-438, IDAHO CODE; AMENDING SECTION 34-704,  IDAHO  CODE,  TO
 18        REVISE  DECLARATION  OF  CANDIDACY REQUIREMENTS; AMENDING SECTION 34-1002,
 19        IDAHO CODE, TO REVISE APPLICATION FOR ABSENTEE BALLOT REQUIREMENTS; AMEND-
 20        ING SECTION 34-1203, IDAHO CODE, TO PROVIDE THAT THE  SECRETARY  OF  STATE
 21        SHALL  ISSUE  DIRECTIVES OR PROMULGATE ADMINISTRATIVE RULES ADOPTING STAN-
 22        DARDS THAT DEFINE WHAT CONSTITUTES A VOTE AND WHAT WILL BE  COUNTED  AS  A
 23        VOTE  FOR EACH CATEGORY OF VOTING SYSTEM USED IN THIS STATE; AMENDING SEC-
 24        TION 34-1402, IDAHO CODE, TO REVISE REQUIREMENTS FOR REGISTRATION;  AMEND-
 25        ING  SECTION  34-2401,  IDAHO  CODE, TO REVISE THE DEFINITION OF "BALLOT";
 26        AMENDING SECTION 67-916, IDAHO CODE, TO REVISE  THE  PROCEDURES,  PURPOSES
 27        AND SPENDING AUTHORITY OF THE DEMOCRACY FUND; AND DECLARING AN EMERGENCY.
                                                                        
 28    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 29        SECTION  1.  That  Section  34-201, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        34-201.  SECRETARY OF STATE CHIEF ELECTION OFFICER. The secretary of state
 32    is the chief election officer of this state, and it is his  responsibility  to
 33    obtain  and  maintain uniformity in the application, operation and interpreta-
 34    tion of the election laws.
 35        The secretary of state is responsible for providing information  regarding
 36    voter  registration  procedures  and  absentee ballot procedures to be used by
 37    absent uniformed service voters and overseas voters with respect to  elections
 38    for  federal  office  as required by section 102 of the uniformed and overseas
 39    citizens absentee voting act (42 U.S.C. section 1973 et seq.).
 40        If a national or local emergency or other  situation  arises  which  makes
 41    substantial compliance with the provisions of the uniformed and overseas citi-
 42    zens  absentee voting act impossible or unreasonable, such as a natural disas-
 43    ter or an armed conflict involving United States armed forces, mobilization of
                                                                        
                                           2
                                                                        
  1    those forces, including state national guard and reserve  components  of  this
  2    state, the secretary of state may prescribe, by directive, such special proce-
  3    dures  or  requirements  as  may be necessary to facilitate absentee voting by
  4    those citizens directly affected who otherwise are eligible to  vote  in  this
  5    state.
                                                                        
  6        SECTION  2.  That  Chapter  2,  Title  34, Idaho Code, be, and the same is
  7    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  8    ignated as Section 34-216, Idaho Code, and to read as follows:
                                                                        
  9        34-216.  GRIEVANCE  PROCEDURES.  The  secretary  of state shall promulgate
 10    rules in compliance with chapter 52, title  67,  Idaho  Code,  establishing  a
 11    state-based administrative complaint procedure as required by the help America
 12    vote act (P.L. 107-252).
                                                                        
 13        SECTION  3.  That  Section  34-303, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        34-303.  APPOINTMENT OF ELECTION JUDGES BY COUNTY CLERK. The county  clerk
 16    shall appoint two (2) or more election judges, one (1) of whom shall be desig-
 17    nated  chief  judge, and the number of clerks deemed necessary by him for each
 18    polling place. In the event a single polling place is designated for  two  (2)
 19    or  more  precincts,  an  individual  may serve simultaneously on the election
 20    board for two (2) or more precincts thus served by a single polling place.  No
 21    election board for a precinct shall exceed ten (10) members. The precinct com-
 22    mitteemen  shall  recommend  persons for the position in their respective pre-
 23    cincts to the county clerk in writing at least ten (10) days prior to the date
 24    on which any appointment shall be made and the county clerk shall appoint  the
 25    judges from such lists if the persons recommended are qualified.
 26        The  chief election judge shall be responsible for the conduct of the pro-
 27    ceedings in the polling place. Compensation for all election  personnel  shall
 28    be determined by the board of county commissioners, and not less than the min-
 29    imum wage as prescribed by the laws of the state of Idaho.
 30        Each  election  board  shall  contain  personnel representing all existing
 31    political parties if a list of applicants has  been  provided  to  the  county
 32    clerk  by  the precinct committeemen of the precincts at least sixty (60) days
 33    prior to the primary election.
                                                                        
 34        SECTION 4.  That Section 34-410, Idaho Code, be, and the  same  is  hereby
 35    amended to read as follows:
                                                                        
 36        34-410.  MAIL REGISTRATION. Any elector may register by mail for any elec-
 37    tion.  Any  mail registration application must be received by the county clerk
 38    prior to the close of registration as provided in section 34-408, Idaho  Code,
 39    provided  that  any  mail  registration  application postmarked not later than
 40    twenty-five (25) days prior to an election shall be deemed timely.
 41        The secretary of state shall prescribe the form for the mail  registration
 42    application.  This  mail  application form shall be available for distribution
 43    through governmental and private entities, with particular emphasis on  making
 44    them available for organized voter registration programs.
 45        Any  federal  mail registration form adopted pursuant to the provisions of
 46    the national voter registration act  of  1993  (P.L.  103-31)  shall  also  be
 47    accepted  as  a  valid registration, if such form is postmarked not later than
 48    twenty-five (25) days prior to an election.
 49        The county clerk shall prepare and issue  by  first  class  nonforwardable
                                                                        
                                           3
                                                                        
  1    mail  to  each elector registering by mail a verification of registration con-
  2    taining the name and residence of the elector and the name or  number  of  the
  3    precinct in which the elector resides.
  4        A  verification  returned  undeliverable  shall  cause the county clerk to
  5    remove the elector's card from the register of electors.
  6        As required by the help America vote act of 2002 (P.L. 107-252), a copy of
  7    proper identification will be required prior to issuance of a ballot to anyone
  8    who has registered by mail and has not previously voted  in  an  election  for
  9    federal office in the state. Proper identification consists of:
 10        (1)  A current and valid photo identification; or
 11        (2)  A  copy  of a current utility bill, bank statement, government check,
 12    paycheck, or other government document that shows the name and address of  the
 13    voter.
                                                                        
 14        SECTION  5.  That  Section  34-411, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        34-411.  APPLICATION FOR REGISTRATION -- CONTENTS. (1)  Each  elector  who
 17    requests  registration  shall  supply  the following information under oath or
 18    affirmation:
 19        (a)  His full name and sex.
 20        (b)  His mailing address, his residence address  or  any  other  necessary
 21        information definitely locating his residence.
 22        (c)  The period of time preceding the date of registration during which he
 23        has resided in the state.
 24        (d)  Whether or not he is a citizen.
 25        (e)  That he is under no legal disqualifications to vote.
 26        (f)  The county and state where he was previously registered, if any.
 27        (g)  Date of birth.
 28        (h)  Current  driver's  license number or, in the absence of an Idaho dri-
 29        ver's license, the last four (4) digits of the elector's  social  security
 30        number.
 31        (2)  Any  elector who shall supply any information under subsection (1) of
 32    this section, knowing it to be false, is guilty of perjury.
 33        (3)  Each elector who requests registration may, at the elector's  option,
 34    supply the following information:
 35        (a)  Social security number; and
 36        (b)  Home  the elector's telephone number. If the home telephone number is
 37        supplied by the elector, the home telephone number shall be  available  to
 38        the public.
                                                                        
 39        SECTION  6.  That  Section  34-416, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        34-416.  REGISTRATION CARDS. (1) The registration card shall  contain  the
 42    following warning:
 43        WARNING:  Any  elector who supplies any information, knowing it to be
 44        false, is guilty of perjury.
 45        (2)  The elector shall read the warning set forth  in  subsection  (1)  of
 46    this  section and shall sign his name in an appropriate place on the completed
 47    card. The official who personally registers the elector shall  sign  his  name
 48    and title in attestation in an appropriate place on the completed card.
 49        (3)  The  registration  card completed and signed as provided in this sec-
 50    tion constitutes the official registration card of  the  elector.  The  county
 51    clerk shall keep and file all such cards in a convenient manner in his office.
                                                                        
                                           4
                                                                        
  1    Such cards constitute the register of electors.
                                                                        
  2        SECTION  7.  That  Section  34-437, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        34-437.  FURNISHING LISTS OF REGISTERED ELECTORS -- RESTRICTIONS. (1) Each
  5    of the county clerks, upon receiving a request therefor  not  later  than  the
  6    thirtieth  day  before a general, special or primary election, shall supply to
  7    any individual, a current list of the registered electors of  the  county  and
  8    their  addresses,  arranged  in  groups  according  to election precincts. The
  9    county clerks shall prepare an original of the above list from the state voter
 10    registration system at county expense. Any person desiring a copy of the orig-
 11    inal list shall be furnished the same, and the county clerk shall  assess  the
 12    individual  an  amount which will compensate the county for the cost of repro-
 13    ducing such copy.
 14        (2)  The county clerk may, in his sole discretion, waive the deadline pro-
 15    vided in subsection (1) of this section; provided that  the  clerk  shall  not
 16    discriminate  against  any political party, candidate or individual in waiving
 17    said deadline.
 18        (3)  No person to whom a list of registered electors is made available  or
 19    supplied  under  subsection  (1)  of this section and no person who acquires a
 20    list of registered electors prepared from such list shall use any  information
 21    contained therein for commercial purposes the purpose of mailing or delivering
 22    any  advertisement  or  offer  for  any property, establishment, organization,
 23    product, or service or for the purpose of mailing or delivering any  solicita-
 24    tion  for  money,  services, or anything of value.  Provided however, that any
 25    such list and label may be used for any political purpose.
                                                                        
 26        SECTION 8.  That Section 34-437A, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        34-437A.  SECRETARY OF STATE REQUIRING STATEWIDE LISTS OF REGISTERED ELEC-
 29    TORS.  (1)  The secretary of state, may require each county clerk to submit to
 30    him, for use in compiling a statewide list of registered electors, the current
 31    list of registered electors as described in section 34-437, Idaho Code in con-
 32    junction with county clerks, shall develop and  implement  a  single,  uniform
 33    official,  centralized, interactive, computerized statewide voter registration
 34    system as required by the help America vote act of 2002 (P.L. 107-252).
 35        (2)  The statewide system shall contain the name and registration informa-
 36    tion of every legally registered voter in the state and assign a unique  iden-
 37    tifier  to each legally registered voter in the state, and include the follow-
 38    ing:
 39        (a)  The computerized list shall serve as the single  system  for  storing
 40        and managing the official list of registered voters throughout the state.
 41        (b)  The  computerized list shall contain the name and registration infor-
 42        mation of every legally registered voter in the state.
 43        (c)  Under the computerized list, a unique identifier shall be assigned to
 44        each legally registered voter in the state.
 45        (d)  The  computerized  list  shall  be  coordinated  with  other   agency
 46        databases within the state.
 47        (e)  Any  election  official  in  the  state, including any local election
 48        official, may obtain immediate electronic access to the  information  con-
 49        tained in the computerized list.
 50        (f)  All  voter  registration  information  obtained by any local election
 51        official in the state shall be electronically entered into  the  computer-
                                                                        
                                           5
                                                                        
  1        ized list on an expedited basis at the time the information is provided to
  2        the local official.
  3        (g)  The  secretary of state shall provide such support as may be required
  4        so that  local  election  officials  are  able  to  enter  information  as
  5        described in subsection (2)(f) of this section.
  6        (h)  The  computerized list shall serve as the official voter registration
  7        list for the conduct of all elections for federal office in the state.
  8        (3)  Any person desiring a copy of the statewide list of registered  elec-
  9    tors  shall be furnished the same, and the secretary of state shall assess the
 10    individual an amount which will compensate the state for the cost of reproduc-
 11    ing such copy.
 12        No person to whom a list of statewide electors is furnished and no  person
 13    who  acquires  a  list of statewide electors prepared from such list shall use
 14    any information contained therein for commercial purposes the purpose of mail-
 15    ing or delivering any advertisement or offer for any property,  establishment,
 16    organization,  product, or service or for the purpose of mailing or delivering
 17    any solicitation for money, services, or anything of value. Provided  however,
 18    that any such list and label may be used for any political purpose.
                                                                        
 19        SECTION  9.  That  Section  34-438, Idaho Code, be, and the same is hereby
 20    repealed.
                                                                        
 21        SECTION 10.  That Section 34-704, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        34-704.  DECLARATION  OF  CANDIDACY.  Any person legally qualified to hold
 24    such office is entitled to become a candidate and file his declaration of can-
 25    didacy. Each political party candidate for precinct, state, district or county
 26    office shall file his declaration of candidacy in the proper office between  8
 27    a.m.,  on  the tenth twelfth Monday preceding the primary election and 5 p.m.,
 28    on the eighth tenth Friday preceding the primary election. All political party
 29    candidates shall declare their party affiliation in their declaration of  can-
 30    didacy, except candidates for nonpartisan office.
 31        Candidates  who file a declaration of candidacy under a party name and are
 32    not nominated at the primary election shall not be allowed to  appear  on  the
 33    general  election ballot under any other political party name, nor as an inde-
 34    pendent candidate.
 35        Independent candidates shall file their declaration of  candidacy  in  the
 36    manner provided in section 34-708, Idaho Code.
                                                                        
 37        SECTION  11.  That Section 34-1002, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        34-1002.  APPLICATION FOR ABSENTEE BALLOT. Any registered elector may make
 40    written application to the county clerk, or other proper  officer  charged  by
 41    law  with the duty of issuing official ballots for such election, for an offi-
 42    cial ballot or ballots of the kind or kinds to be voted at the  election.  The
 43    application  shall  contain the name of the elector, his home address, county,
 44    and address to which such ballot shall be forwarded.
 45        The application for an absent elector's ballot shall be signed  personally
 46    by  the  applicant.  The  application  for  a mail-in absentee ballot shall be
 47    received by the county clerk not later than 5:00 p.m. on the sixth day  before
 48    the  election.  An  application  for  in  person absentee voting at the absent
 49    elector's polling place described in section 34-1006, Idaho Code,  shall    be
 50    received  by  the  county clerk not later than 5:00 p.m. on the day before the
                                                                        
                                           6
                                                                        
  1    election. Application for an absentee ballot may be made by using a  facsimile
  2    machine.  In the event a registered elector is unable to vote in person at his
  3    designated polling place on the day of election because of an emergency situa-
  4    tion which rendered him physically unable, he may nevertheless  apply  for  an
  5    absent  elector's ballot on the day of election by notifying the county clerk.
  6    No person, may, however, be entitled to  vote  under  an  emergency  situation
  7    unless  the  situation  claimed  rendered him physically unable to vote at his
  8    designated polling place within forty-eight (48) hours prior to the closing of
  9    the polls.
 10        A person may make application for an absent elector's ballot by use  of  a
 11    properly  executed federal postcard application as provided for in the laws of
 12    the United States known as Uniformed and Overseas Citizens Absentee Voting Act
 13    (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A  properly  executed  federal  postcard
 14    application  (F.P.C.A.),  if  received prior to the primary election, shall be
 15    considered as a request for an absent elector's ballot for  both  the  primary
 16    and  general  election  through  the  next two (2) regularly scheduled general
 17    elections for federal office following receipt of the application. The issuing
 18    officer shall keep as a part of the records of his office a list of all appli-
 19    cations so received and of the manner and time of delivery or mailing  to  and
 20    receipt of returned ballot.
 21        The  county  clerk  shall, not later than seventy-five (75) days after the
 22    date of each general election, submit a report to the secretary of state  con-
 23    taining information concerning absentee voters as required by federal law.
                                                                        
 24        SECTION  12.  That Section 34-1203, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        34-1203.  COUNTING OF BALLOTS -- CERTIFICATES OF JUDGES. The  ballots  and
 27    polls  lists  agreeing, the election personnel shall then proceed to tally the
 28    votes cast. Under each office title the number of votes for each candidate and
 29    such other information required by the secretary of state shall be entered  in
 30    the  tally  books  together  with the total of the above figures in the manner
 31    prescribed by the secretary of state. Any ballot or  part  of  a  ballot  from
 32    which  it  is  impossible to determine the elector's choice, shall be void and
 33    shall not be counted. When a ballot is sufficiently plain to determine  there-
 34    from  a  part  of the voter's intention, it shall be the duty of the judges to
 35    count such part.
 36        Following the counting, the judges  must  post  a  correct  copy  of  such
 37    results at the polling place and a copy transmitted to the county clerk.
 38        In no event shall the results of any count be released to the public until
 39    all voting places in the state have closed on election day.
 40        The secretary of state shall issue directives or promulgate administrative
 41    rules  adopting standards that define what constitutes a vote and what will be
 42    counted as a vote for each category of voting system used in this state.
                                                                        
 43        SECTION 13.  That Section 34-1402, Idaho Code, be, and the same is  hereby
 44    amended to read as follows:
                                                                        
 45        34-1402.  REGISTRATION.  All  electors must register with the county clerk
 46    before being able to vote in any primary, general, special or any other  elec-
 47    tion conducted in  this state. The county clerk shall determine, for each reg-
 48    istered  elector, the elections for which he is eligible to vote by a determi-
 49    nation of the applicable code areas. The register of electors shall  be  main-
 50    tained  by  the  clerk  in  a  manner which will make this information readily
 51    available to the electors and to the election officials of the various politi-
                                                                        
                                           7
                                                                        
  1    cal subdivisions. The determination of tax code area shall  be  made  for  all
  2    political subdivisions including those otherwise exempt from the provisions of
  3    this chapter.
  4        The  county  clerk shall conform to the provisions of chapter 4, title 34,
  5    Idaho Code, in the administration of registration for all  political  subdivi-
  6    sions  within  the  county. The county clerk shall appoint each city clerk for
  7    any city within the county and each election official designated by a  politi-
  8    cal subdivision, as an at-large registrar as provided in section 34-406, Idaho
  9    Code,  except that no compensation shall be paid by the county clerk for elec-
 10    tors registered by these special registrars.
                                                                        
 11        SECTION 14.  That Section 34-2401, Idaho Code, be, and the same is  hereby
 12    amended to read as follows:
                                                                        
 13        34-2401.  DEFINITIONS. As used in this chapter:
 14        (1)  "Ballot"  means  any  material used or the voting surface of a direct
 15    recording electronic system on which votes are cast for  offices,  and  candi-
 16    dates  and measures. which do not appear on ballot labels or a ballot which is
 17    used to record votes which are cast for offices and candidates and measures in
 18    a voting system which does not use ballot cards.
 19        (2)  "Ballot card" means the tabulating card or cards  of  any  size  upon
 20    which the voter records his vote.
 21        (3)  "Ballot  label"  means  the  cards, papers, booklet or other material
 22    containing the names of offices and candidates and measures to be voted on.
 23        (4)  "Election" means all state, county, city, district and other  politi-
 24    cal subdivision elections including bond issue elections.
 25        (5)  "Governing  body"  means  the  board  of  county commissioners of any
 26    county or the governing body of any city, district or other political subdivi-
 27    sion elections including bond issue elections.
 28        (6)  "Measure" means a proposed law, act or part of an act of the legisla-
 29    tive assembly or amendment to the constitution of the state  of  Idaho  to  be
 30    submitted  to  the  people  for  their  approval  or rejection at an election.
 31    "Measure" also means other propositions which can be submitted to  the  voters
 32    at  any  election  by  counties, cities, districts or other political subdivi-
 33    sions.
 34        (7)  "Model" means a mechanically operated model of a portion of the  face
 35    of the machine illustrating the means of voting.
 36        (8)  "Precinct" includes all election districts.
 37        (9)  "Voting machine" means:
 38        (a)  Any mechanical or electronic device which will record every vote cast
 39        by  any  voter on candidates and measures and which will either internally
 40        or externally total all votes cast on that device;
 41        (b)  Any device into which a ballot card may be inserted and which  is  so
 42        designed and constructed that the vote for any candidate or measure may be
 43        indicated by punching or marking the ballot card.
 44        (10) "Vote  tally  system"  means  one  (1) or more pieces of machinery or
 45    equipment  necessary to examine and tally automatically paper  ballots  having
 46    marks  placed thereon by a written mark or by a marking stamp. The examination
 47    shall be accomplished by either mark sensing or optical scanning.
                                                                        
 48        SECTION 15.  That Section 67-916, Idaho Code, be, and the same  is  hereby
 49    amended to read as follows:
                                                                        
 50        67-916.  DEMOCRACY FUND. (1) There is hereby created in the state treasury
 51    in  the  office of the secretary of state the "Democracy Fund." The purpose of
                                                                        
                                           8
                                                                        
  1    the democracy fund is to provide funding for improving  the  election  systems
  2    for  the  benefit of Idaho's voters carrying out the activities for which pay-
  3    ments are made to the state under the federal help America vote  act  of  2002
  4    (P.L. 107-252) including, but not limited to:
  5        (a)  Establishing and maintaining accurate lists of eligible voters;
  6        (b)  Encouraging eligible voters to vote;
  7        (c)  Improving  verification  and  identification of voters at the polling
  8        place;
  9        (d)  Improving equipment and methods for casting and counting votes;
 10        (e)  Recruiting and training election officials and poll workers;
 11        (f)  Improving the quantity and quality of available polling places;
 12        (g)  Educating voters about their rights and responsibilities;
 13        (h)  Assuring access for voters with physical disabilities;
 14        (i)  Carrying out other activities to improve the administration of  elec-
 15        tions in the state.
 16        (2)  The  democracy  fund  shall consist of all moneys appropriated by the
 17    legislature, federal moneys that may be available for the purpose of improving
 18    Idaho's election system, county  matching  funds  and  funds  from  any  other
 19    source.
 20        (3)  Moneys  in  the democracy fund may be expended pursuant to appropria-
 21    tion and aAll interest earned on the investment of idle moneys in the fund  by
 22    the state treasurer shall be returned to the fund.
 23        (4)  Moneys  deposited in, or remitted to, the democracy fund are continu-
 24    ously appropriated to the secretary of state for the  purpose  of  paying  the
 25    expenses  of  carrying  out the activities for which payments are made to this
 26    state under the federal help America vote act of 2002 (P.L. 107-252).
                                                                        
 27        SECTION 16.  An emergency existing therefor,  which  emergency  is  hereby
 28    declared to exist, this act shall be in full force and effect on and after its
 29    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                                           RS 12790
                                
                                   The purpose of this legislation is to bring Idaho statutes into
    conformance with the federal Help America Vote Act of 2002 (P.L.
    107-252) that was signed into law on October 29, 2002 by
    President Bush. The legislation more clearly defines the role of
    the Secretary of State in administering federal elections,
    provides for a statewide registered voter list, directs the
    Secretary of State to adopt rules or directives outlining an
    election grievance procedure and the definition of what
    constitutes a valid vote, and more clearly defines the operations
    of the Democracy Fund established by the Legislature to handle
    funds authorized in the Help America Vote Act of 2002.
    
    
    
    
    
    
    
                          FISCAL IMPACT
                                
                                   The fiscal impact of the legislation is uncertain at this time,
    however if the Congress fully funds the federal bill, Idaho could
    receive up to twenty million dollars ($20,000,000) in federal
    money over the next three (3) years Fifteen million dollars
    ($15,000,000) would require a five percent (5%) match which could
    be comprised of state or local funds.
    
    
    
    
    
    
    
    
    
    
    
    
    
      CONTACT
      Name: Tim Hurst
                            Agency: Secretary of State
                Phone: 334-2852                                     H 162