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H0671aaS...................................................by STATE AFFAIRS SCHOOL DISTRICTS - ELECTIONS - Amends existing law relating to school district elections to allow the candidate to authorize a watcher to observe the counting of votes; to permit challengers and watchers to work in shifts; to provide for watchers at school district elections which are other than for the election of officers; to remove the requirement that such watchers not absent themselves until the polls close; to provide that challengers or watchers shall not be a candidate at the election where they are serving as a challenger or watcher; and to remove the requirement that an elector be absent from the district or be unable because of physical disability or blindness to vote by absentee ballot. 02/13 House intro - 1st rdg - to printing 02/14 Rpt prt - to St Aff 02/21 Rpt out - rec d/p - to 2nd rdg 02/22 2nd rdg - to 3rd rdg 02/24 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Boe, Denney, Sali Floor Sponsor - Field(23) Title apvd - to Senate 02/27 Senate intro - 1st rdg - to St Aff 03/02 Rpt out - to 14th Ord 03/08 Rpt out amen - to 1st rdg as amen 03/09 1st rdg - to 2nd rdg as amen 03/10 2nd rdg - to 3rd rdg as amen 03/14 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Little Title apvd - to House 03/15 House concurred in Senate amens - to engros 03/16 Rpt engros - 1st rdg - to 2nd rdg as amen 03/17 2nd rdg - to 3rd rdg as amen 03/22 3rd rdg as amen - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Eskridge, Nonini Floor Sponsor - Field(23) Title apvd - to enrol 03/23 Rpt enrol - Sp signed 03/24 Pres signed - To Governor 03/30 Governor signed Session Law Chapter 232 Effective: 03/30/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 671 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SCHOOL DISTRICT ELECTIONS; AMENDING SECTION 33-403C, IDAHO CODE, 3 TO ALLOW EACH CANDIDATE TO AUTHORIZE A WATCHER TO OBSERVE THE CONDUCT OF 4 THE ELECTION, TO PERMIT CHALLENGERS AND WATCHERS TO WORK IN SHIFTS, TO 5 PROVIDE FOR WATCHERS AT SCHOOL DISTRICT ELECTIONS WHICH ARE OTHER THAN FOR 6 THE ELECTION OF OFFICERS, TO REMOVE THE REQUIREMENT THAT SUCH WATCHERS NOT 7 ABSENT THEMSELVES UNTIL THE POLLS CLOSE AND TO MAKE TECHNICAL CORRECTIONS; 8 AMENDING SECTION 33-406, IDAHO CODE, TO REMOVE THE REQUIREMENT THAT AN 9 ELECTOR BE ABSENT FROM THE DISTRICT OR UNABLE BECAUSE OF PHYSICAL DISABIL- 10 ITY OR BLINDNESS TO VOTE BY ABSENTEE BALLOT AND TO MAKE TECHNICAL CORREC- 11 TIONS; AND DECLARING AN EMERGENCY. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 33-403C, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 33-403C. CHALLENGERS -- WATCHERS.a.(1) The school district clerk shall, 16 upon receipt of a written request to be received no later than five (5) days 17 prior to the day of election, direct that the election judges permit one (1) 18 person authorized by each candidate to be at the polling place for the purpose 19 of challenging voters, and shall if requested, permit one (1) person autho- 20 rized by any candidate to be present towatch the receiving and counting of21votesserve as a watcher to observe the conduct of the election. Challengers 22 or watchers may work in various shifts throughout the day. However, each can- 23 didate may have only one (1) challenger and only one (1) watcher at the poll- 24 ing place at any given time. 25b.(2) Where the issue before the electors of a school district is other 26 than the election of officers, the clerk of the school district shall upon 27 receipt of a written request, such request to be received no later than five 28 (5) days prior to the date of voting on the issue or issues, direct that the 29 election judges permit one (1) pro and one (1) con person to be at the polling 30 place for the purpose of challenging voters and towatch the receiving and31counting of votesserve as a watcher to observe the conduct of the election. 32 Such authorization shall be evidenced in writing signed by the requesting per- 33 son and shall state which position relative to the issue or issues the person 34 represents. Challengers or watchers may work in various shifts throughout the 35 day. Persons who are authorized to serve as challengers or watchers shall wear 36 a visible name tag which includes their respective titles.Persons permitted37to be present to watch the counting of votes shall not absent themselves until38the polls are closed.39 SECTION 2. That Section 33-406, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 33-406. ABSENTEE VOTING. For the purposes of this section the term 2 1 "clerk" shall mean the clerk of the board of county commissioners whenever an 2 election involves changing the boundaries of school districts, or the creation 3 of new school districts by consolidation of districts or division of a dis- 4 trict. In all other school elections the term "clerk" shall mean the clerk of 5 the board of trustees of the school district. 6 In any school election, a qualified school electorwho expects to be7absent from the district on the day of the election, or who will be unable,8because of physical disability or blindness, to go to the polling place,may 9 vote in such election by absentee ballot in the manner herein provided. 10 Any such elector may make written application to the clerk for a ballot or 11 ballots of the kind or kinds to be voted on at such election, which applica- 12 tion shall contain the name of the elector, the trustee zone of the district 13 in which he resides, and his present address. The application for an absent 14 elector's ballot shall be filed with the clerk not later than 5:00 p.m. of the 15 day before the election. 16 The clerk receiving such application shall, not more than twenty-eight 17 (28) days prior to the day of the election, deliver to said applicant elector 18 personally or by mail to the mailing address given in the application, postage 19 prepaid, a ballot or ballots, one (1) of each kind thereof, to be voted on in 20 the election, and a form of oath of qualification. 21 The elector shall vote in secret and shall enclose his ballot or ballots 22 in an envelope to be supplied by the clerk and seal the same. The elector 23 shall then place the secrecy envelope in a return envelope, together with the 24 form of oath of qualification executed by him, and address and mail, or 25 deliver, the same to the clerk. The absentee ballot must be received by the 26 clerk, not later than 8:00 p.m. on the day of the election, before such ballot 27 may be counted. 28 Any elector physically unable to mark his own ballot may receive assis- 29 tance in marking his ballot from the officer delivering same or an available 30 person of his own choosing. In the event the officer is requested to render 31 assistance in marking an absent elector's ballot, the officer shall ascertain 32 the desires of the elector and shall vote the applicant's ballot accordingly. 33 No election officer or any other person assisting a disabled voter shall 34 attempt to influence the vote of such elector in any manner. 35 The written applications shall be kept by the clerk as a part of the 36 records of the election and he shall, on the day of the election and before 37 the polling places are closed, deliver to the proper board of election all 38 such envelopes together with a list, compiled and signed by him, of the elec- 39 tors making application to vote in absentia. 40 The board of election shall verify all return envelopes delivered to it by 41 the clerk against the names appearing on the said list, open the return enve- 42 lopes and examine the elector's oath. If these are found to be in order, the 43 ballots shall remain in the secrecy envelopes and be placed in the ballot box 44 in the same manner as though the elector were personally present and voting; 45 and the voter's name shall thereupon be subscribed in any polling book or 46 other record kept at such election. 47 SECTION 3. An emergency existing therefor, which emergency is hereby 48 declared to exist, this act shall be in full force and effect on and after its 49 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Davis Seconded by Stegner IN THE SENATE SENATE AMENDMENT TO H.B. NO. 671 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 38, following "closed." insert: 3 "Challengers or watchers shall not be a candidate at the election where they 4 are serving as a challenger or watcher.". 5 CORRECTION TO TITLE 6 On page 1, in line 7, following "CLOSE" insert: ", TO PROVIDE THAT 7 CHALLENGERS OR WATCHERS SHALL NOT BE A CANDIDATE AT THE ELECTION WHERE THEY 8 ARE SERVING AS A CHALLENGER OR WATCHER". 2 Moved by Little Seconded by Goedde IN THE SENATE SENATE AMENDMENT TO H.B. NO. 671 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 21, delete "conduct of the 3 election" and insert: "counting of votes"; and in line 31, delete "conduct of 4 the election" and insert: "counting of votes". 5 CORRECTION TO TITLE 6 On page 1, in line 3, delete "CONDUCT OF" and in line 4, delete "THE ELEC- 7 TION" and insert: "COUNTING OF VOTES".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 671, As Amended in the Senate BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO SCHOOL DISTRICT ELECTIONS; AMENDING SECTION 33-403C, IDAHO CODE, 3 TO ALLOW EACH CANDIDATE TO AUTHORIZE A WATCHER TO OBSERVE THE COUNTING OF 4 VOTES, TO PERMIT CHALLENGERS AND WATCHERS TO WORK IN SHIFTS, TO PROVIDE 5 FOR WATCHERS AT SCHOOL DISTRICT ELECTIONS WHICH ARE OTHER THAN FOR THE 6 ELECTION OF OFFICERS, TO REMOVE THE REQUIREMENT THAT SUCH WATCHERS NOT 7 ABSENT THEMSELVES UNTIL THE POLLS CLOSE, TO PROVIDE THAT CHALLENGERS OR 8 WATCHERS SHALL NOT BE A CANDIDATE AT THE ELECTION WHERE THEY ARE SERVING 9 AS A CHALLENGER OR WATCHER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 10 SECTION 33-406, IDAHO CODE, TO REMOVE THE REQUIREMENT THAT AN ELECTOR BE 11 ABSENT FROM THE DISTRICT OR UNABLE BECAUSE OF PHYSICAL DISABILITY OR 12 BLINDNESS TO VOTE BY ABSENTEE BALLOT AND TO MAKE TECHNICAL CORRECTIONS; 13 AND DECLARING AN EMERGENCY. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 33-403C, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 33-403C. CHALLENGERS -- WATCHERS.a.(1) The school district clerk shall, 18 upon receipt of a written request to be received no later than five (5) days 19 prior to the day of election, direct that the election judges permit one (1) 20 person authorized by each candidate to be at the polling place for the purpose 21 of challenging voters, and shall if requested, permit one (1) person autho- 22 rized by any candidate to be present towatch the receiving and counting of23votesserve as a watcher to observe the counting of votes. Challengers or 24 watchers may work in various shifts throughout the day. However, each candi- 25 date may have only one (1) challenger and only one (1) watcher at the polling 26 place at any given time. 27b.(2) Where the issue before the electors of a school district is other 28 than the election of officers, the clerk of the school district shall upon 29 receipt of a written request, such request to be received no later than five 30 (5) days prior to the date of voting on the issue or issues, direct that the 31 election judges permit one (1) pro and one (1) con person to be at the polling 32 place for the purpose of challenging voters and towatch the receiving and33counting of votesserve as a watcher to observe the counting of votes. Such 34 authorization shall be evidenced in writing signed by the requesting person 35 and shall state which position relative to the issue or issues the person rep- 36 resents. Challengers or watchers may work in various shifts throughout the 37 day. Persons who are authorized to serve as challengers or watchers shall wear 38 a visible name tag which includes their respective titles.Persons permitted39to be present to watch the counting of votes shall not absent themselves until40the polls are closed.Challengers or watchers shall not be a candidate at the 41 election where they are serving as a challenger or watcher. 42 SECTION 2. That Section 33-406, Idaho Code, be, and the same is hereby 2 1 amended to read as follows: 2 33-406. ABSENTEE VOTING. For the purposes of this section the term 3 "clerk" shall mean the clerk of the board of county commissioners whenever an 4 election involves changing the boundaries of school districts, or the creation 5 of new school districts by consolidation of districts or division of a dis- 6 trict. In all other school elections the term "clerk" shall mean the clerk of 7 the board of trustees of the school district. 8 In any school election, a qualified school electorwho expects to be9absent from the district on the day of the election, or who will be unable,10because of physical disability or blindness, to go to the polling place,may 11 vote in such election by absentee ballot in the manner herein provided. 12 Any such elector may make written application to the clerk for a ballot or 13 ballots of the kind or kinds to be voted on at such election, which applica- 14 tion shall contain the name of the elector, the trustee zone of the district 15 in which he resides, and his present address. The application for an absent 16 elector's ballot shall be filed with the clerk not later than 5:00 p.m. of the 17 day before the election. 18 The clerk receiving such application shall, not more than twenty-eight 19 (28) days prior to the day of the election, deliver to said applicant elector 20 personally or by mail to the mailing address given in the application, postage 21 prepaid, a ballot or ballots, one (1) of each kind thereof, to be voted on in 22 the election, and a form of oath of qualification. 23 The elector shall vote in secret and shall enclose his ballot or ballots 24 in an envelope to be supplied by the clerk and seal the same. The elector 25 shall then place the secrecy envelope in a return envelope, together with the 26 form of oath of qualification executed by him, and address and mail, or 27 deliver, the same to the clerk. The absentee ballot must be received by the 28 clerk, not later than 8:00 p.m. on the day of the election, before such ballot 29 may be counted. 30 Any elector physically unable to mark his own ballot may receive assis- 31 tance in marking his ballot from the officer delivering same or an available 32 person of his own choosing. In the event the officer is requested to render 33 assistance in marking an absent elector's ballot, the officer shall ascertain 34 the desires of the elector and shall vote the applicant's ballot accordingly. 35 No election officer or any other person assisting a disabled voter shall 36 attempt to influence the vote of such elector in any manner. 37 The written applications shall be kept by the clerk as a part of the 38 records of the election and he shall, on the day of the election and before 39 the polling places are closed, deliver to the proper board of election all 40 such envelopes together with a list, compiled and signed by him, of the elec- 41 tors making application to vote in absentia. 42 The board of election shall verify all return envelopes delivered to it by 43 the clerk against the names appearing on the said list, open the return enve- 44 lopes and examine the elector's oath. If these are found to be in order, the 45 ballots shall remain in the secrecy envelopes and be placed in the ballot box 46 in the same manner as though the elector were personally present and voting; 47 and the voter's name shall thereupon be subscribed in any polling book or 48 other record kept at such election. 49 SECTION 3. An emergency existing therefor, which emergency is hereby 50 declared to exist, this act shall be in full force and effect on and after its 51 passage and approval.
STATEMENT OF PURPOSE RS 15808C1 The purpose of this legislation is to clarify the role of poll watchers in the school elections and to allow any qualified elector to vote by absentee ballot. FISCAL NOTE There is no fiscal impact. Contact Name: Representative Frances Field Phone: (208) 332-1000 Name: Mr. Tim Hurst Agency: Secretary of State, Office of Phone: (208) 332-2812 STATEMENT OF PURPOSE/FISCAL NOTE H 671