HOUSE BILL NO. 164

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Daily Data Tracking History



H0164.........................................................by STATE AFFAIRS
MAGISTRATES - ELECTION - Amends existing law to provide that a magistrate may,
not less than ninety days prior to the holding of the general election next
preceding the expiration of his term of office, file in the office of the
county clerk a declaration of candidacy to succeed himself.
                                                                        
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 - 67-1-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer(Schaefer),
      Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
      Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Eberle
      Absent and excused -- Black, Deal
    Floor Sponsor - Snodgrass
    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 - Davis
    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 55
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 164
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MAGISTRATES; AMENDING SECTION 1-2220, IDAHO CODE, TO PROVIDE  THAT
  3        A  MAGISTRATE  MAY,  NOT LESS THAN NINETY DAYS PRIOR TO THE HOLDING OF THE
  4        GENERAL ELECTION NEXT PRECEDING THE EXPIRATION OF HIS TERM OF OFFICE, FILE
  5        IN THE OFFICE OF THE COUNTY CLERK A DECLARATION OF  CANDIDACY  TO  SUCCEED
  6        HIMSELF.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  1-2220, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        1-2220.  RETENTION OR NONRETENTION OF MAGISTRATE BY VOTE.  Any  magistrate
 11    appointed  pursuant  to the provisions of section 1-2205, Idaho Code, and sec-
 12    tion 1-2207(2), Idaho Code, shall stand for office in the first general  elec-
 13    tion  next  succeeding the expiration of the eighteen (18) month period estab-
 14    lished pursuant to section 1-2207, Idaho Code. Any magistrate  may,  not  less
 15    than  sixty (60) ninety (90) days prior to the holding of the general election
 16    next preceding the expiration of his term of office, file in the office of the
 17    county clerk of the county for which he is a resident magistrate,  accompanied
 18    by  a filing fee of forty dollars ($40.00), a declaration of candidacy to suc-
 19    ceed himself. If a declaration is not so filed by any magistrate, the  vacancy
 20    resulting  from  the  expiration  of  his  term  of  office shall be filled by
 21    appointment as herein provided, except that any magistrate who does  not  file
 22    shall  be  ineligible  for appointment within the same judicial district until
 23    two (2) years following the  expiration  of  his  last  term  of  office  have
 24    expired.  If  such  a declaration is filed, his name shall be submitted at the
 25    next general election to the voters eligible to vote  within  the  county  for
 26    which  he is appointed, on a nonpartisan judicial ballot, without party desig-
 27    nation, which shall read:
 28        "Shall Magistrate .... (Here insert the name of the  magistrate)  of  ....
 29    (Here insert the name of the county) County of the .... (Here insert the judi-
 30    cial  district  number) Judicial District be retained in office?" (Here provi-
 31    sion is to be made for voting "Yes" or "No.")
 32        The votes shall be canvassed as provided in chapter 12,  title  34,  Idaho
 33    Code.
 34        If  a  majority of those voting on the question vote against retaining him
 35    in office, upon the expiration of his term of office, a  vacancy  shall  exist
 36    which  shall  be  filled  by  appointment as provided in section 1-2205, Idaho
 37    Code, except that the magistrate not retained in office  shall  be  ineligible
 38    for  appointment within the same judicial district until two (2) years follow-
 39    ing the expiration of his last term of office have expired.
 40        If a majority of those voting on the question vote for  retaining  him  in
 41    office, the county clerk shall issue him a certificate of election as provided
 42    in  section 34-1209, Idaho Code, and said magistrate shall, unless removed for
 43    cause, remain in office for an additional term of four (4) years, and  at  the
                                                                        
                                           2
                                                                        
  1    expiration  of each such four (4) year term shall be eligible for retention in
  2    office by election in the manner herein prescribed.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                                           RS 12774
                                
                                   The purpose of this bill is to change the filing date for
    magistrate judge retention elections from sixty (60) days to
    ninety (90) days prior to the general election in order to give
    county clerks sufficient time to make absentee ballots available.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
                          FISCAL IMPACT
                                
                                   There is no fiscal impact on the state general fund or counties.
    
    
    
    
    
      CONTACT
      Name: Noel Hales or Tim Hurst
      Agency: Canyon County Clerk or Secretary of State 
    Phone: 454-7337 or 334-2852                             H 164