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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 anycandidate,22orone (1) person authorized by a candidate, several candidates or political 23 party, to be present towatch the receiving and counting of the votesserve 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 thosewhich the parties2 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 are5authorized to serve as challengers or watchers shall wear a visible name tag6which includes their respective titles.Persons permitted to be present to7watch the counting of the votes shall not absent themselves until the polls8are 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, shallmail a notification of registration17tonotify the proper registration official or county clerk where the elector 18 was previously registered so that the prior registration may be canceled.This19notice shall explain that the elector has appeared and registered in this20county.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 on33his 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 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