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H0657...................................................by LOCAL GOVERNMENT BELLEVUE CITY CHARTER - Amends the Charter of the City of Bellevue to provide for the election dates and election procedures to be as set forth in the general laws of the state of Idaho applicable to election of city officials. 02/13 House intro - 1st rdg - to printing 02/14 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 657 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 AMENDING THE CHARTER OF THE CITY OF BELLEVUE, TO AMEND CHAPTER III, SECTION 3 33, AS ADDED BY SECTION 2, CHAPTER 130, LAWS OF 1996, TO REDESIGNATE THE 4 SECTION; TO AMEND CHAPTER IV, ELECTIONS, SECTIONS 33, 34, 36, 37, 41, 42 5 AND 43 THEREOF TO PROVIDE FOR THE ELECTION DATES AND ELECTION PROCEDURES 6 TO BE AS SET FORTH IN THE GENERAL LAWS OF THE STATE OF IDAHO APPLICABLE TO 7 ELECTION OF CITY OFFICIALS, INCLUDING SUBSEQUENT AMENDMENTS THERETO; AND 8 DECLARING AN EMERGENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 33, Chapter III of the Charter of the City of 11 Bellevue, as added by Section 2, Chapter 130, Laws of 1996, be, and the same 12 is hereby amended to read as follows: 13 SECTION 33A. All powers and authority granted to cities under any general 14 law of the state of Idaho are hereby granted to the City of Bellevue. The City 15 of Bellevue may pass and publish ordinances as provided by the general laws of 16 the state of Idaho. 17 SECTION 2. That Section 33, Chapter IV, of the Charter of the City of 18 Bellevue, be, and the same is hereby amended to read as follows: 19 Section 33. There shall be a general election for all city officers 20 required to be elected under this Act, on the firstMondayTuesday inApril21 November in every year which shall be conducted as set forth in the general 22 laws of the State of Idaho governing election of city officials under Title 23 50, Idaho Code, including subsequent amendments thereto and recodifications 24 thereof, which laws shall apply to and govern elections under this Act unless 25 otherwise set forth in this Act. For the purpose of the first two (2) elec- 26 tions conducted after the effective date hereof, the term of office of each 27 Common Council seat and of Mayor then elected shall be until the first Common 28 Council meeting in January of the second year following their election. 29 SECTION 3. That Section 34, Chapter IV, of the Charter of the City of 30 Bellevue, be, and the same is hereby amended to read as follows: 31 Section 34. No person is qualified to vote at any election under this Act 32 who does not possess the qualifications of an elector according toSection3350-411, Idaho Codethe general laws of the State of Idaho applicable to elec- 34 tion of city officials under Title 50, Idaho Code, including subsequent 35 amendments thereto and recodifications thereof, which laws shall apply to and 36 govern elections under this Act unless otherwise set forth in this Act. 37 SECTION 4. That Section 36, Chapter IV, of the Charter of the City of 38 Bellevue, be, and the same is hereby amended to read as follows: 2 1 Section 36. The Clerk, under the direction of the Common Council shall 2 give ten days' notice, by posting the same in at least two public places in 3 each ward of the city, or by publication in some newspaper published in said 4 city, of such general election, the officers to be elected, the places desig- 5 nated for holding the election in each ward, and the judges and clerks 6 appointed to conduct the same shall provide such notices of election, and mat- 7 ters incidental thereto, under direction of the Common Council, as required 8 under the general laws of the State of Idaho applicable to city elections 9 under Title 50, Chapter 4, Idaho Code, including subsequent amendments thereto 10 and recodifications thereof, which laws shall apply to and govern elections 11 under this Act unless otherwise set forth in this Act. 12 SECTION 5. That Section 37, Chapter IV, of the Charter of the City of 13 Bellevue, be, and the same is hereby amended to read as follows: 14 Section 37. All elections shallcommence at twelve o'clock P.M., and con-15tinue until eight o'clock P.M. of the same day, without closing the polls16between such hours. If any judge of an election fails to attend and serve at17the proper time, the voters of the ward then present may elect another in his18place, and if any clerk fails to attend and serve at the proper time, the19judges of the election may appoint another in his placebe conducted in accor- 20 dance with the general laws of the State of Idaho applicable to election of 21 city officials under Title 50, Idaho Code, including subsequent amendments 22 thereto and recodifications thereof, which laws shall apply to and govern 23 elections under this Act unless otherwise set forth in this Act. 24 SECTION 6. That Section 41, Chapter IV, of the Charter of the City of 25 Bellevue, be, and the same is hereby amended to read as follows: 26 Section 41. The term of office of everyone elected to office under this 27 Act shall be two (2) years and shall commencebeing on the first Monday of May28of each year. Any person elected to any office who shall fail to qualify by29filing a bond and taking the oath of office, as is herein provided on or30before the same first Monday of May after his election, shall be deemed to31have declined said office, and said office shall thereby become vacant; except32in cases of contests, in which case such person must qualify within ten days33from the determination of such contestupon taking office the first Common 34 Council meeting in the January following the election at which such person was 35 elected to office in accordance with the general laws of the State of Idaho 36 applicable to election of city officials under Title 50, Idaho Code, including 37 subsequent amendments thereto and recodifications thereof, which laws shall 38 apply to and govern elections under this Act unless otherwise set forth in 39 this Act. 40 SECTION 7. That Section 42, Chapter IV, of the Charter of the City of 41 Bellevue, be, and the same is hereby amended to read as follows: 42 Section 42. All persons elected under this Act, before entering upon the 43 duties of his office, shall take and file with the clerk an oathto the fol-44lowing effect: "I, A.B., do solemnly swear (or affirm) that I will support the45Constitution of the United States and the organic Act of this Territory, and I46will to the best of my ability faithfully perform the duties of .............47during my continuance in same office, so help me God," and file an official48bond when requiredor affirmation of office in accordance with the general 49 laws of the State of Idaho applicable to election of city officials under 3 1 Title 50, Idaho Code, including subsequent amendments thereto and 2 recodifications thereof, which laws shall apply to and govern elections under 3 this Act unless otherwise set forth in this Act. 4 SECTION 8. That Section 43, Chapter IV, of the Charter of the City of 5 Bellevue, be, and the same is hereby amended to read as follows: 6 Section 43. All general laws ofthis Territorythe State of Idaho regu- 7 lating and governing general elections and special election proceedings,and8matters incidental thereto, shall apply to and govern elections under this9Act, unless as herein otherwise providedincluding, without limitation, Chap- 10 ter 4, Title 50, Idaho Code, Municipal Elections, and subsequent amendments 11 thereto and recodifications thereof, shall apply to and govern all such elec- 12 tions under this Act unless expressly otherwise set forth in this Act. 13 SECTION 9. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval.
STATEMENT OF PURPOSE RS 15989 This legislation aims to align Bellevue's election laws with those of other cities in Idaho. FISCAL NOTE No impact on the general fund. Contact Name: Representative Wendy Jaquet, House Democratic Leader Phone: 332-1133 STATEMENT OF PURPOSE/FISCAL NOTE H 657