SENATE BILL NO. 1265

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Bill Status



S1265......................................................by STATE AFFAIRS
SCHOOL BOARD TRUSTEE ELECTIONS - Amends existing law relating to the
election of school board trustees to increase the time from four days to
thirteen days before an election when an election may be canceled due to
the filing of a single candidate.
                                                                        
02/02    Senate intro - 1st rdg - to printing
02/03    Rpt prt - to St Aff
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Darrington
    Floor Sponsor - Richardson
    Title apvd - to House
02/23    House intro - 1st rdg - to St Aff
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 67-1-2
      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, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ringo, Roberts, Robison,
      Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills, Wood,
      Mr. Speaker
      NAYS -- Smylie
      Absent and excused -- Ring, Shirley
    Floor Sponsor - Smith(30)
    Title apvd - to Senate
03/02    To enrol
03/03    Rpt enrol - Pres signed
03/04    Sp signed
03/05    To Governor - Governor signed
         Session Law Chapter 26
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1265
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTION OF SCHOOL BOARD TRUSTEES; AMENDING SECTION 33-502B, IDAHO
  3        CODE, TO INCREASE THE TIME BEFORE AN ELECTION WHEN AN ELECTION MAY BE CAN-
  4        CELED DUE TO THE FILING OF A SINGLE CANDIDATE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 33-502B, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        33-502B.  BOARD OF TRUSTEES -- ONE NOMINATION -- NO ELECTION. In any elec-
  9    tion  for  trustees,  if,  after the expiration of the date for filing written
 10    nominations for the office of trustee, it appears that only one (1)  qualified
 11    candidate  has  been  nominated for a position to be filled or if only one (1)
 12    candidate has filed a write-in declaration of intent as  provided  by  section
 13    33-502A,  Idaho  Code,  no  election  shall be held for that position, and the
 14    board of trustees or the school district clerk with the written permission  of
 15    the  board, shall within four thirteen (413) days before the scheduled date of
 16    the election declare such candidate elected as a trustee, and the school  dis-
 17    trict  clerk shall immediately prepare and deliver to the person a certificate
 18    of election signed by him and bearing the seal of the district. The  procedure
 19    set  forth  in this section shall not apply to any other school district elec-
 20    tion.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 13696
                                                                  
This proposal amends current law allowing a school district board
of trustees or the school district clerk to declare a candidate
elected when there is not an opposing candidate nor a declaration
of a write-in candidate thirteen (13) days prior to the election.
Current Idaho law allows for a school district board of trustee
or the school district clerk to declare no election and a
candidate elected if no candidate or write-in candidate has filed
for election to a school board seat four (4) days before the
election date. This amendment would not prohibit nor discourage
candidates or write-in candidates from filing appropriate
declarations to run for election. The closing date for candidacy
is the fifth Friday (35 days) preceding the day of the election
of trustees, and fourteen (14) days before the day of election
for filing a write-in candidate declaration of intent. The effect
of this amendment is to eliminate a 11 day wait period after all
filings have closed to declare a no contest election. 







                  
                          FISCAL NOTE
                                                                  
There would be no fiscal impact.










CONTACT
NAME:     Cliff Green or John Watts
AGENCY:   Idaho School Board Association
PHONE:    854-1476 or 385-7070

STATEMENT OF PURPOSE                           S 1265