HOUSE BILL NO. 500

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Bill Status



H0500aaS...................................................by STATE AFFAIRS
ELECTIONS - Amends existing law to provide when a candidate may appeal the
results of a recount or the determination that a recount is not necessary;
and to revise procedures.
                                                                        
01/20    House intro - 1st rdg - to printing
01/21    Rpt prt - to St Aff
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, 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, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke
    Floor Sponsor - Black
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to St Aff
02/16    Rpt out - to 14th Ord
02/19    Rpt out amen - to 1st rdg as amen
02/20    1st rdg - to 2nd rdg as amen
02/23    2nd rdg - to 3rd rdg as amen
03/02    3rd rdg as amen - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton(Duncan), Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, Noble(Anderson), Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- McWilliams
    Floor Sponsor - Stennett
    Title apvd - to House
03/03    House concurred in Senate amens - to engros
03/04    Rpt engros - 1st rdg - to 2nd rdg as amen
03/05    2nd rdg - to 3rd rdg as amen
03/08    3rd rdg as amen- PASSED - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Harwood, Shepherd
    Floor Sponsor - Black
    Title apvd - to enrol
03/09    Rpt enrol - Sp signed
03/10    Pres signed
03/11    To Governor
03/16    Governor signed
         Session Law Chapter 48
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 500
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AN ELECTION CANDIDATE DISAGREEING WITH RECOUNT  RESULTS;  AMENDING
  3        SECTION  34-2308,  IDAHO  CODE, TO PROVIDE WHEN A CANDIDATE MAY APPEAL THE
  4        RESULTS OF A RECOUNT OR THE DETERMINATION THAT A RECOUNT IS NOT NECESSARY,
  5        TO REVISE PROCEDURES AND TO PROVIDE FOR THE AWARD OF COSTS AND  ATTORNEY'S
  6        FEES.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 34-2308, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        34-2308.  CANDIDATE DISAGREEING WITH RECOUNT RESULTS --  APPEAL.  (1)  Any
 11    candidate  may  appeal  the  results  of a recount or the determination that a
 12    recount is not necessary when:
 13        (a)  Any candidate for the office for which  recount  has  been  requested
 14        disagreeing disagrees with the results of the recount and alleging alleges
 15        that the law has been misinterpreted or misapplied, and if;
 16        (b)  Iit appears that a different application or interpretation of the law
 17        would  have  required  a  general  recount  where  no  general recount was
 18        ordered; or
 19        (c)  It appears that a different application or interpretation of the  law
 20        would  not  have  required  a  general recount where a general recount was
 21        ordered;
 22    then the candidate claiming the misinterpretation or the misapplication of law
 23    may appeal to the district court in the county concerned if the office be is a
 24    county or municipal office or to the district  court  in  Ada  county  if  the
 25    office be is a federal or state office.
 26        (2)  The  submittal  on  appeal  shall  be  by  brief and submitted within
 27    twenty-four (24) hours following the recount. The appeal  submittal  shall  be
 28    served  upon  the  attorney  general of Idaho within twenty-four (24) hours of
 29    filing it within the district court.   The  appeal  submittal  shall  also  be
 30    served  upon the opposing candidate(s) within twenty-four (24) hours of filing
 31    the appeal in the district court.
 32        (3)  The attorney general, in consultation with the  secretary  of  state,
 33    may respond to the submittal by brief.
 34        (4)  The opposing candidate(s) may respond to the submittal by brief.
 35        (5)  At  the  discretion  of  the  district  court judge, a hearing may be
 36    ordered within five (5) days of the filing of the appeal. All  parties  served
 37    with the appeal may participate fully in the hearing.  The judge may determine
 38    that the appeal may be decided on the brief without a hearing.
 39        (6)  A  decision  thereon  shall be given within five (5) days. Any appeal
 40    from the decision of the district court must be taken within twenty-four  (24)
 41    hours  after  a  decision is rendered. A decision on the appeal shall be given
 42    within five (5) days. No further appeal shall be allowed.
 43        (7)  A candidate who appeals the recount, with the result  of  the  appeal
                                                                        
                                           2
                                                                        
  1    resulting  in  no  change in the outcome of the election, shall bear the costs
  2    and attorney's fees of all participants in the appeal.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Stennett            
                                                                        
                                                     Seconded by Little              
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 500
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 36, following  "parties"    insert:
  3    "required to be"; delete line 43; and on page 2, delete lines 1 and 2.
                                                                        
  4                                 CORRECTIONS TO TITLE
  5        On page 1, in line 4, delete "," and delete lines 5 and 6 and insert: "AND
  6    TO REVISE PROCEDURES.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 500, As Amended in the Senate
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO AN ELECTION CANDIDATE DISAGREEING WITH RECOUNT  RESULTS;  AMENDING
  3        SECTION  34-2308,  IDAHO  CODE, TO PROVIDE WHEN A CANDIDATE MAY APPEAL THE
  4        RESULTS OF A RECOUNT OR THE DETERMINATION THAT A RECOUNT IS NOT  NECESSARY
  5        AND TO REVISE PROCEDURES.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 34-2308, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        34-2308.  CANDIDATE DISAGREEING WITH RECOUNT RESULTS --  APPEAL.  (1)  Any
 10    candidate  may  appeal  the  results  of a recount or the determination that a
 11    recount is not necessary when:
 12        (a)  Any candidate for the office for which  recount  has  been  requested
 13        disagreeing disagrees with the results of the recount and alleging alleges
 14        that the law has been misinterpreted or misapplied, and if;
 15        (b)  Iit appears that a different application or interpretation of the law
 16        would  have  required  a  general  recount  where  no  general recount was
 17        ordered; or
 18        (c)  It appears that a different application or interpretation of the  law
 19        would  not  have  required  a  general recount where a general recount was
 20        ordered;
 21    then the candidate claiming the misinterpretation or the misapplication of law
 22    may appeal to the district court in the county concerned if the office be is a
 23    county or municipal office or to the district  court  in  Ada  county  if  the
 24    office be is a federal or state office.
 25        (2)  The  submittal  on  appeal  shall  be  by  brief and submitted within
 26    twenty-four (24) hours following the recount. The appeal  submittal  shall  be
 27    served  upon  the  attorney  general of Idaho within twenty-four (24) hours of
 28    filing it within the district court.   The  appeal  submittal  shall  also  be
 29    served  upon the opposing candidate(s) within twenty-four (24) hours of filing
 30    the appeal in the district court.
 31        (3)  The attorney general, in consultation with the  secretary  of  state,
 32    may respond to the submittal by brief.
 33        (4)  The opposing candidate(s) may respond to the submittal by brief.
 34        (5)  At  the  discretion  of  the  district  court judge, a hearing may be
 35    ordered within five (5) days of the filing of the appeal. All parties required
 36    to be served with the appeal may participate fully in the hearing.  The  judge
 37    may determine that the appeal may be decided on the brief without a hearing.
 38        (6)  A  decision  thereon  shall be given within five (5) days. Any appeal
 39    from the decision of the district court must be taken within twenty-four  (24)
 40    hours  after  a  decision is rendered. A decision on the appeal shall be given
 41    within five (5) days. No further appeal shall be allowed.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13568
The amendments to this legislation are intended to clarify the
appeal of recount of elections process.  Under the current statute,
the process could be interpreted as an ex parte proceeding, wherein
only the candidate claiming injury would be allowed to present his
argument to the court.  The amendments clarify that all involved
parties including the prevailing candidate in the election would be
presented with the appeal and given the opportunity to present
their case to the court.  The amendments also provide for attorneys
fees in the circumstance that the appeal results in no change in
the final outcome.





                         FISCAL IMPACT
                                
None. 


 




CONTACTS:

Name:     Brian P. Kane,Deputy Attorney General
          William von Tagen, Deputy Attorney General
          Office of the Attorney General
Phone:    334-4155
Name:     Tim Hurst, Chief Deputy Secretary of State 
          Office of the Secretary of State
Phone:    332-2812

STATEMENT OF PURPOSE/FISCAL NOTE                        H 500