2006 Legislation
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HOUSE BILL NO. 671 – School district election, watchers

HOUSE BILL NO. 671

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 to watch the receiving  and  counting  of
 21    votes  serve  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.
 25        b.(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 to  watch  the  receiving  and
 31    counting  of  votes serve 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  permitted
 37    to be present to watch the counting of votes shall not absent themselves until
 38    the 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  elector  who  expects  to  be
  7    absent  from  the  district on the day of the election, or who will be unable,
  8    because 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                                     Moved 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".

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


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 to watch the receiving  and  counting  of
 23    votes  serve  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.
 27        b.(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 to  watch  the  receiving  and
 33    counting  of  votes  serve 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  permitted
 39    to be present to watch the counting of votes shall not absent themselves until
 40    the  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 elector who expects to be
  9    absent from the district on the day of the election, or who  will  be  unable,
 10    because  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 / Fiscal Impact



                       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