HOUSE BILL NO. 563

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Bill Status



H0563......................................................by STATE AFFAIRS
ELECTOR - ABSENTEE BALLOT - Amends existing law relating to election laws
to strike a provision providing for finding and discarding the absentee
ballot of an elector who has subsequently died.
                                                                        
01/27    House intro - 1st rdg - to printing
01/28    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 - 60-10-0
      AYES -- Andersen, Barraclough, Bedke, Bell, Black, Block, Boe, Bolz,
      Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langford,
      Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,
      Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
      Speaker
      NAYS -- Barrett, Bauer, Bayer, Ellsworth, Harwood, Kulczyk, Moyle,
      Raybould, Sali, Wood
      Absent and excused -- None
    Floor Sponsor - Sayler
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 27-0-8
      AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Calabretta,
      Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
      Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk
      NAYS -- None
      Absent and excused -- Brandt, Burkett, Cameron, Davis, Noble, Noh,
      Stennett, Williams
    Floor Sponsor - Calabretta
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 248
         Effective: 03/23/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 563
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTION LAWS; AMENDING SECTION 34-1009, IDAHO CODE, TO  STRIKE  A
  3        PROVISION FOR FINDING AND DISCARDING THE ABSENTEE BALLOT OF AN ELECTOR WHO
  4        SUBSEQUENTLY  HAS DIED AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN
  5        EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 34-1009, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        34-1009.  CHALLENGING  ABSENTEE  ELECTOR'S  VOTE.  The  vote of any absent
 10    elector may be challenged in the same manner as other votes are challenged and
 11    the receiving judges shall have power and authority to determine the  legality
 12    of  such  ballot.  If  the  challenge be sustained, or if the receiving judges
 13    determine, that the affidavit accompanying  the  absent  elector's  ballot  is
 14    insufficient,  or  that  the elector is not a qualified registered elector the
 15    envelope containing the ballot of such elector shall not  be  opened  and  the
 16    judges shall endorse on the back of the envelope the reason therefor. Whenever
 17    it  shall  be  made to appear to the receiving judges by sufficient proof that
 18    any elector who has marked and forwarded his ballot has died, then  the  enve-
 19    lope  containing  the  ballot of such deceased elector shall not be opened and
 20    the judges shall make proper notation on the back  of  such  envelope.  If  an
 21    absent  elector's envelope contains more than one (1) marked ballot of any one
 22    (1) kind, none of such ballots shall be counted  and  the  judges  shall  make
 23    notations  on  the back of the ballots the reason therefor. Judges of election
 24    shall certify in their returns the number of absent electors' ballots cast and
 25    counted and the number of such ballots rejected.
                                                                        
 26        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 27    declared to exist, this act shall be in full force and effect on and after its
 28    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13697
The purpose of this legislation is to amend Idaho Code 34-1009,
deleting the section that directs election officials to discard
the vote of a person who casts an absentee ballot but dies before
election day.
                          FISCAL IMPACT
There would be no additional costs associated with the passage of
this bill.


Contact
Name: Rep. George Sayler 
Phone: 208/332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                      H 563