2006 Legislation
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HOUSE BILL NO. 672 – Elections, conduct, watchers

HOUSE BILL NO. 672

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Bill Status



H0672......................................................by STATE AFFAIRS
ELECTIONS - Amends existing law to provide for watchers to observe the
conduct of an election; to allow pro and con persons to be at polling
places for the purpose of challenging voters and observing the conduct of
an election; to provide procedures; to provide for utilization of the
statewide voter registration system for notifying registration officials or
the county clerk where the elector was previously registered so the prior
registration may be canceled; to delete language allowing an elector to
request a change in the information on his registration card; and to
provide that the county clerk shall supply to a requesting school board a
list of registered electors.
                                                                        
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 - 66-0-4
      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, 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, Schaefer
    Floor Sponsor - Miller
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason(Hatch), 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
03/09    To enrol
03/10    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/15    Governor signed
         Session Law Chapter 70
         Effective: 03/15/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 672
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTION PROCEDURES; AMENDING SECTION 34-304, IDAHO CODE, TO  PRO-
  3        VIDE  FOR WATCHERS TO OBSERVE THE CONDUCT OF AN ELECTION, TO ALLOW PRO AND
  4        CON PERSONS TO BE AT POLLING PLACES FOR THE PURPOSE OF CHALLENGING  VOTERS
  5        AND OBSERVING THE CONDUCT OF AN ELECTION AND TO PROVIDE PROCEDURES; AMEND-
  6        ING  SECTION  34-418, IDAHO CODE, TO PROVIDE FOR UTILIZATION OF THE STATE-
  7        WIDE VOTER REGISTRATION SYSTEM FOR NOTIFYING REGISTRATION OFFICIALS OR THE
  8        COUNTY CLERK WHERE THE ELECTOR WAS PREVIOUSLY REGISTERED SO THAT THE PRIOR
  9        REGISTRATION MAY BE CANCELED; AMENDING  SECTION  34-432,  IDAHO  CODE,  TO
 10        DELETE LANGUAGE ALLOWING AN ELECTOR TO REQUEST A CHANGE IN THE INFORMATION
 11        ON HIS REGISTRATION CARD; AMENDING SECTION 34-437B, IDAHO CODE, TO PROVIDE
 12        THAT  THE COUNTY CLERK SHALL SUPPLY TO A REQUESTING SCHOOL BOARD A LIST OF
 13        REGISTERED ELECTORS; AND DECLARING AN EMERGENCY.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 34-304, Idaho Code, be, and the  same  is  hereby
 16    amended to read as follows:
                                                                        
 17        34-304.  CHALLENGERS  -- WATCHERS. The county clerk shall, upon receipt of
 18    a written request, such 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 political party to be at the polling place  for  the
 21    purpose  of challenging voters, and shall, if requested, permit any candidate,
 22    or one (1) person authorized by a candidate, several candidates  or  political
 23    party, to be present to watch the receiving and counting of the votes serve as
 24    a  watcher to observe the conduct of the election. Such authorization shall be
 25    evidenced by a writing signed by the county  chairman  and  secretary  of  the
 26    political  party, or by the candidate or candidates, and filed with the county
 27    clerk. Where the issue before the electors is other than the election of offi-
 28    cers, the clerk shall, upon receipt of a written request, such request  to  be
 29    received  no later than five (5) days prior to the date of voting on the issue
 30    or issues, direct that the election judges permit one (1) pro and one (1)  con
 31    person to be at the polling place for the purpose of challenging voters and to
 32    observe  the conduct of the election. Such authorization shall be evidenced in
 33    writing signed by the requesting person and shall state which  position  rela-
 34    tive  to the issue or issues the person represents. Persons who are authorized
 35    to serve as challengers or watchers  shall  wear  a  visible  name  tag  which
 36    includes  their respective titles. A watcher is entitled to observe any activ-
 37    ity conducted at the location at which the watcher is serving,  provided  how-
 38    ever,  that  the  watcher  does  not interfere with the orderly conduct of the
 39    election. If the watchers are present at the polling place  when  ballots  are
 40    counted they shall not absent themselves until the polls are closed. A watcher
 41    serving  at  a central counting station may be present at any time the station
 42    is open for the purpose of processing or preparing to process election results
 43    and until the election officers complete their duties at the station.  If  the
                                                                        
                                           2
                                                                        
  1    county  clerk  does  not  receive the list of names of those which the parties
  2    desired to be present for the purpose of either poll watching  or  challenging
  3    within  the  time  prescribed above, the clerk shall not allow the presence of
  4    such persons later seeking to serve  in  those  capacities.  Persons  who  are
  5    authorized  to  serve as challengers or watchers shall wear a visible name tag
  6    which includes their respective titles. Persons permitted  to  be  present  to
  7    watch  the  counting  of the votes shall not absent themselves until the polls
  8    are closed.
                                                                        
  9        SECTION 2.  That Section 34-418, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        34-418.  WEEKLY  REVIEW  OF NEW REGISTRATION CARDS -- REPORT TO INTERESTED
 12    OFFICIALS. Each week the county clerk shall review the registration  cards  of
 13    all  newly registered electors for the past weekly period to determine whether
 14    they have been previously registered to vote in another state  or  in  another
 15    county  within this state. The county clerk or secretary of state, through the
 16    statewide voter registration system, shall mail a notification of registration
 17    to notify the proper registration official or county clerk where  the  elector
 18    was previously registered so that the prior registration may be canceled. This
 19    notice  shall  explain  that  the  elector has appeared and registered in this
 20    county. The form of such notice shall be prescribed by the secretary of state.
                                                                        
 21        SECTION 3.  That Section 34-432, Idaho Code, be, and the  same  is  hereby
 22    amended to read as follows:
                                                                        
 23        34-432.  CORRECTION  OF ELECTION REGISTER FROM CHALLENGES AT ELECTION. (1)
 24    Within sixty (60) days after each election, the county clerk shall examine the
 25    election register and note the challenges  as  described  in  section  34-431,
 26    Idaho  Code.  The  county clerk shall mail a written inquiry to the challenged
 27    elector at his mailing address as indicated on  his  registration  card.  Such
 28    inquiry  shall  state  the nature of the challenge and provide a suitable form
 29    for reply.
 30        (2)  Within twenty (20) days from date of mailing of the  written  inquiry
 31    the  elector  may,  in person or in writing, state that the information on his
 32    registration card is correct. or he may request a change in the information on
 33    his registration card. Upon receipt of such a statement or request the  county
 34    clerk  shall determine whether the information satisfies the challenge. If the
 35    county clerk determines that the challenge has not been satisfied, the  county
 36    clerk  shall  schedule a hearing on the challenge and shall notify the elector
 37    of the place and time of the hearing. The hearing shall be held no later  than
 38    twenty (20) days after notice is given. At the hearing, the challenged elector
 39    may  present  evidence of qualification. If the county clerk, upon the conclu-
 40    sion of the hearing, determines that the challenged elector's registration  is
 41    not  valid,  the  county  clerk shall cancel the registration. If a challenged
 42    elector fails to make the statement or request in response to the inquiry, the
 43    county clerk shall cancel the registration.
 44        (3)  The county clerk may make inquiry into the validity of any  registra-
 45    tion at any time. The inquiry shall proceed as provided in this section.
                                                                        
 46        SECTION  4.  That  Section 34-437B, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
 48        34-437B.  FURNISHING LISTS OF REGISTERED  ELECTORS  TO  SCHOOL  DISTRICTS.
 49    Each  of  the county clerks, upon receiving a request therefor, not later than
                                                                        
                                           3
                                                                        
  1    the thirtieth day prior to a school election, shall, not later than  the  sev-
  2    enth  day prior to the election, supply to a requesting school board a list of
  3    registered electors, by precinct, that are within the school  district  within
  4    which  a  school district election is to be held.  The county clerk may assess
  5    the school board an amount which will compensate the county for  the  cost  of
  6    preparing such a list.
                                                                        
  7        SECTION  5.  An  emergency  existing  therefor,  which emergency is hereby
  8    declared to exist, this act shall be in full force and effect on and after its
  9    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16037

The purpose of this legislation is to clarify the role of poll
watchers in the election process and provide the ability to have
watchers and challengers of elections when issues only are being
voted on.  This legislation also clarifies procedures and
responsibilities in maintaining the statewide voter registration
list required by the Help America Vote Act.



                           FISCAL NOTE

There will be no fiscal impact.





Contact
Name:     Tim Hurst, Chief Deputy
Agency:   Secretary of State, Office of
Phone:    (208) 334-2300


STATEMENT OF PURPOSE/FISCAL NOTE                         H 672