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H0711......................................................by STATE AFFAIRS MUNICIPAL ELECTIONS - Amends, adds to and repeals existing law relating to municipal election laws; to revise filing deadlines, ballot preparation and printing deadlines and general administration provisions of city election law. 02/21 House intro - 1st rdg - to printing 02/22 Rpt prt - to St Aff 02/27 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/03 3rd rdg - PASSED - 68-0-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, 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, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood NAYS -- None Absent and excused -- Crow, Mr. Speaker Floor Sponsor - McGeachin Title apvd - to Senate 03/06 Senate intro - 1st rdg - to St Aff 03/09 Rpt out - rec d/p - to 2nd rdg 03/10 2nd rdg - to 3rd rdg 03/14 3rd rdg - 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 - McKenzie Title apvd - to House 03/15 To enrol 03/16 Rpt enrol - Sp signed 03/17 Pres signed - To Governor 03/22 Governor signed Session Law Chapter 105 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 711 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO MUNICIPAL ELECTIONS; AMENDING SECTION 50-203, IDAHO CODE, TO 3 REVISE TIMING DEADLINES FOR COMPENSATION CHANGES FOR CITY MAYORS AND CITY 4 COUNCILMEN; REPEALING SECTION 50-413, IDAHO CODE, RELATING TO QUALIFICA- 5 TIONS OF ELECTORS; AMENDING SECTION 50-431, IDAHO CODE, TO REVISE CANDI- 6 DATE FILING DEADLINES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 7 50-432, IDAHO CODE, TO REVISE CANDIDATE FILING DEADLINES AND TO CLARIFY 8 PROCEDURES FOR VERIFICATION OF PETITION SIGNATURES; AMENDING CHAPTER 4, 9 TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-435, IDAHO CODE, 10 TO PROVIDE FOR PUBLICATION OF NOTICE OF CANDIDATE FILING DEADLINES BY THE 11 CITY CLERK; AMENDING SECTION 50-436, IDAHO CODE, TO REVISE DEADLINES FOR 12 PUBLICATION OF NOTICES OF ELECTION, TO ADD THE LIST OF POLLING PLACES TO 13 THE FIRST NOTICE OF ELECTION AND TO PROVIDE THE NAME OF THE CITY IN THE 14 SECOND NOTICE OF ELECTION; AMENDING SECTION 50-439, IDAHO CODE, TO REVISE 15 THE DEADLINE FOR BALLOT PREPARATION AND TO CLARIFY PROCEDURES FOR COUNTING 16 VOTES CAST FOR WRITE-IN CANDIDATES; AMENDING SECTION 50-440, IDAHO CODE, 17 TO REVISE THE DEADLINES FOR PRINTING AND PUBLICATION OF SAMPLE BALLOTS; 18 REPEALING SECTION 50-459, IDAHO CODE, RELATING TO MANNER OF VOTING; AMEND- 19 ING CHAPTER 4, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 20 50-459, IDAHO CODE, TO PROVIDE FOR THE MANNER OF VOTING; REPEALING SECTION 21 50-479, IDAHO CODE, RELATING TO APPLICATION OF PERSUASIVE POLL REQUIRE- 22 MENTS; AMENDING SECTION 50-612, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION 23 AND TO REVISE DEADLINES FOR BALLOT PREPARATION AND PRINTING OF SAMPLE 24 BALLOTS IN MAYORAL RUNOFF ELECTIONS; AND AMENDING SECTION 50-707B, IDAHO 25 CODE, TO REVISE DEADLINES FOR BALLOT PREPARATION AND PRINTING OF SAMPLE 26 BALLOTS IN CITY COUNCIL RUNOFF ELECTIONS. 27 Be It Enacted by the Legislature of the State of Idaho: 28 SECTION 1. That Section 50-203, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 50-203. OFFICIALS -- COMPENSATION. The officials of each city shall con- 31 sist of a mayor and either four (4) or six (6) councilmen whose compensation 32 shall be fixed by ordinancepassedpublished at leastsixtyseventy-five 33 (6075) days before any general city election, which ordinance shall be effec- 34 tive for all said officials commencing on January 1 following said election 35 and continuing until changed pursuant to this section. 36 SECTION 2. That Section 50-413, Idaho Code, be, and the same is hereby 37 repealed. 38 SECTION 3. That Section 50-431, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 50-431. FORM OF DECLARATION OF CANDIDACY. Declarations of candidacy and 2 1 petitions of candidacy shall read substantially as herein set forth. Any num- 2 ber of separate petitions of candidacy may be circulated at the same time for 3 any candidate and all petitions for each candidate shall be considered one (1) 4 petition when filed with the city clerk. Each signer of a petition shall be a 5 registered qualified elector. 6 DECLARATION OF CANDIDACY 7 I, the undersigned, affirm that I am a qualified elector of the City of 8 ........., State of Idaho, and that I have resided in the city for at least 9 thirty (30) days. I hereby declare myself to be a candidate for the office of 10 ............., for a term of .... years, to be voted for at the election to be 11 held on the .... day of ....., ...., and certify that I possess the legal 12 qualifications to fill said office, and that my residence address is 13 ............... 14 (Signed) ................ 15 Subscribed and sworn to before me this .... day of ........, ..... 16 ................ 17 Notary Public 18 State of Idaho 19 County of ........ ss. 20 City of .......... 21 PETITION OF CANDIDACY 22 OF ........................................................................... 23 (NAME OF CANDIDATE) 24 FOR OFFICE OF ................................................................ 25 This petition must be filed in the office of the City Clerk not earlier 26 than 8:00 a.m. on theeighth Fridayeleventh Monday nor later than 5:00 p.m. 27 on thesixthninth Friday immediately preceding election day. The submitted 28 petition must have affixed thereto the names of at least five (5) qualified 29 electors who reside within the appropriate city. 30 I, the undersigned, being a qualified elector of the City of 31 .............., in the State of Idaho, do hereby certify and declare that I 32 reside at the place set opposite my name and that I do hereby join in the 33 petition of .............., a candidate for the office of ................. to 34 be voted at the election to be held on the .... day of ........, ..... 35 Signature of Petitioner Printed Name Residence Address Date 36 signed 37 ....................... ............ ................. ........... 38 ....................... ............ ................. ........... 39 ....................... ............ ................. ........... 40 ....................... ............ ................. ........... 41 ....................... ............ ................. ........... 42 ....................... ............ ................. ........... 43 ....................... ............ ................. ........... 44 ....................... ............ ................. ........... 45 ....................... ............ ................. ........... 46 ....................... ............ ................. ........... 47 ....................... ............ ................. ........... 48 ....................... ............ ................. ........... 49 STATE OF IDAHO 50 County of .................... 51 I, ......................, being first duly sworn, say: That I am a resi- 3 1 dent of the State of Idaho and at least eighteen (18) years of age; that every 2 person who signed this sheet of the foregoing petition signed his or her name 3 thereto in my presence; I believe that each has stated his or her name,and 4 residence address correctly,; and that each signer is a qualified elector of 5 the State of Idaho, and the City of .................... 6 Signed ..................................... 7 Address .................................... 8 Subscribed and sworn to before me this ...... day of ......., ..... 9 Signed Notary Public .................................... 10 Residing at ............................................. 11 Commission expires ...................................... 12 (Notary Seal) 13 SECTION 4. That Section 50-432, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 50-432. TIME AND MANNER OF FILING DECLARATIONS. All declarations of can- 16 didacy for elective city offices shall be filed with the clerk of the respec- 17 tive city wherein the elections are to be held, not earlier than 8:00 a.m. on 18 theeighth Fridayeleventh Monday nor later than 5:00 p.m. on thesixthninth 19 Friday, immediately preceding election day.Signatures on petitionsBefore a 20 candidate files a petition of candidacy with the city clerk, the petition sig- 21 natures shall be verified by the county clerk in the manner described in sec- 22 tion 34-1807, Idaho Code, except that the city clerk shall stand in place of 23 the secretary of state. Before any declaration of candidacy and filing fee or 24 petition of candidacy mentioned in section 50-431, Idaho Code, can be filed, 25 the city clerk shall ascertain that it conforms to the provisions of chapter 26 4, title 50, Idaho Code. The city clerk shall not accept any declarations of 27 candidacy after 5:00 p.m. on thesixthninth Friday immediately preceding 28 election day. Write-in candidates shall be governed by section 34-702A, Idaho 29 Code, but shall file the declarations required in that section with the city 30 clerk. 31 SECTION 5. That Chapter 4, Title 50, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 33 ignated as Section 50-435, Idaho Code, and to read as follows: 34 50-435. NOTICE OF CANDIDATE FILING DEADLINE. Not more than fourteen (14) 35 nor less than seven (7) days preceding the candidate filing deadline for an 36 election, the city clerk shall cause to be published in the official newspaper 37 a notice of the forthcoming candidate filing deadline. The notice shall state 38 the name of the city, the date of the election, the offices up for election, 39 that declarations of candidacy are available from the city clerk, and the 40 deadline for filing such declarations with the city clerk. 41 SECTION 6. That Section 50-436, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 50-436. NOTICE OF ELECTION -- CONTENTS -- PUBLICATION. The city clerk 44 shall give notice for any general or special city election by publishing such 45 notice in at least two (2) issues of the official newspaper of the city. The 46 first publication of notice of election shall be made not less thanforty-five47 twelve (4512) days prior to the election. The first notice of election shall 48 include the name of the city,wherein the election shall be held,the purpose 4 1 of the election, the date of the election, the polling place in each precinct 2 and the hours during which the polls shall be open for the purpose of voting. 3If the election is held for the purpose of electing the mayor and/or members4of the city council, the first notice of election shall state that declara-5tions of candidacy are available from the city clerk, and provide the deadline6for filing such declarations with the city clerk.The last publication of 7 notice shall be made not less thanfifteenfive (15) days prior to the elec- 8 tion. The second notice of election shall state the name of the city, the date 9 of the election, the purpose of the election, the polling place in each pre- 10 cinct and the hours during which the polls shall be open for the purpose of 11 voting. 12 SECTION 7. That Section 50-439, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 50-439. PREPARATION AND CONTENTS OF BALLOT. The ballot for each election 15 shall be prepared not less thantwenty-onethirty-five (2135) days prior to 16 the date of election by the city clerk. Candidates for mayor will be listed 17 first followed by councilman positions for four (4) years and then two (2) 18 year councilman positions, provided, that in printing the ballots, the posi- 19 tion of the names shall be changed in each office division by placing the top 20 name for that office at the bottom of that division and moving each other name 21 up the column by one (1) position, as many times as there are candidates in 22 the office division in which there are the greatest number of candidates. Can- 23 didates' names shall be rotated by precinct for those cities using voting 24 machines or vote tally systems. Nothing shall prevent a voter from writing in 25 the name of any qualified elector of the city for any office to be filled at 26 the said election,and thebut a write-in vote shall not be counted unless the 27 candidate has filed a declaration of intent with the city clerk as required by 28 section 50-432, Idaho Code. The clerk in preparing the ballot shall make pro- 29 visions for the writing in of names. Separate ballots may be used for bond 30 issues, capital improvement levy, recall, referendum, initiative, advisory 31 ballots or any other measure authorized to be decided by the electorate. 32 SECTION 8. That Section 50-440, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 50-440. SAMPLE BALLOTS. The city clerk shall cause to be printed not less 35 thanfifteentwenty-nine (1529) days before the election, sample ballots con- 36 taining the candidates for each office, and all measures to be submitted, 37 which sample ballots shall be in the same form as the official ballots to be 38 used, except they shall have printed thereon the words "sample ballot," and 39 shall be on paper of a different color than the official ballot, and the clerk 40 shall furnish copies of the same on application at his office, to anyone 41 applying therefor. Said sample ballot shall be published at least twice in the 42 official newspaper of the city,the last time to be within seven (7) days of43 the first publication not less than twelve (12) days prior to the election and 44 the second publication not less than five (5) days prior to the election. 45 SECTION 9. That Section 50-459, Idaho Code, be, and the same is hereby 46 repealed. 47 SECTION 10. That Chapter 4, Title 50, Idaho Code, be, and the same is 48 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 49 ignated as Section 50-459, Idaho Code, and to read as follows: 5 1 50-459. MANNER OF VOTING. On receipt of his ballot, the elector shall 2 retire to a vacant voting booth and mark his ballot according to the instruc- 3 tions provided by law. Before leaving the voting compartment the elector shall 4 fold his ballot so that the official stamp is visible and the face of the bal- 5 lot is completely enclosed. 6 After marking his ballot, the elector shall present himself to the receiv- 7 ing clerk, state his name and residence, and hand his ballot to the receiving 8 clerk. The clerk shall deposit the ballot in the proper box after ascertaining 9 that the ballot is folded correctly, and shall proclaim in an audible voice 10 that the elector has voted. The election officials shall then record that the 11 elector has voted. 12 SECTION 11. That Section 50-479, Idaho Code, be, and the same is hereby 13 repealed. 14 SECTION 12. That Section 50-612, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 50-612. MAJORITY REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city may, by 17 ordinance, provide that a majority of the votes for any candidate running for 18 the office of mayor shall be required for election to that office. In the 19 eventthatno candidate receives a majority of the votes cast, there shall be 20 a runoff election between the two (2) candidates receiving the highest number 21 of votes cast. Such runoff election shall be conducted as in the general elec- 22 tion in a manner and at such time, within thirty (30) days of the general 23 election, as prescribed by the city and shall be exempt from the limitation 24 upon elections provided in sections 34-106 and 50-429, Idaho Code.The first25notice of election shall be made by the city clerk not less than twenty (20)26days next preceding any runoff election, andThe ballot shall be prepared by 27 the city clerk not less than twenty-two (22) days preceding the runoff elec- 28 tion. Tthe designation of polling places shall be made by the city clerk not 29 less than twenty (20) daysnextpreceding any runoff election and sample bal- 30 lots shall be printed not less than eighteen (18) days preceding the runoff 31 election. 32 SECTION 13. That Section 50-707B, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 50-707B. MAJORITY MAY BE REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city 35 may, by ordinance, provide that a majority of the votes for any candidate run- 36 ning for a council seat adopted by a city in accordance with section 50-707 or 37 50-707A, Idaho Code,mayshall be required for election to that office. In the 38 event no candidate receives a majority of the votes cast, there shall be a 39 runoff election between the two (2) candidates receiving the highest number of 40 votes cast. Such runoff election shall be conducted as in the general election 41 in a manner and at such time within thirty (30) days of the general election, 42 as prescribed by the city and shall be exempt from the limitation upon elec- 43 tions provided in sections 34-106 and 50-429, Idaho Code.The first notice of44election shall be made by the city clerk not less than twenty (20) days next45preceding any runoff election, andThe ballot shall be prepared by the city 46 clerk not less than twenty-two (22) days preceding the runoff election. Tthe 47 designation of polling places shall be made by the city clerk not less than 48 twenty (20) daysnextpreceding any runoff election, and sample ballots shall 49 be printed not less than eighteen (18) days preceding the runoff election.
STATEMENT OF PURPOSE RS 16078C1 This legislation makes numerous amendments to the city election laws (Chapter 4, Title 50, Idaho Code) in order to extend the absentee voting period in city elections. Currently, the deadline for ballot preparation in city elections is not less than 21 days before the election. This legislation would move the deadline for ballot preparation back to 35 days before the election to allow an additional two weeks for absentee voting. This will make it easier for citizens in the Armed Forces overseas to get their absentee ballots returned by the deadline on Election Day. Because the ballot preparation deadline is moved back, the legislation also moves back deadlines for the candidate filing period, approval of elected official salary increases and preparation of sample ballots. In order to achieve greater uniformity with county-run elections, the legislation also changes the deadlines for publication of the notice of election and sample ballot to not less than 12 and 5 days before the election, and provides for a notice to interested candidates published before the end of the filing period. FISCAL NOTE No fiscal impact to the state. Fiscal impact to cities is minimal the legislation would require publication of an additional notice (the notice to interested candidates) and require polling places to be listed on the first notice of election. There could also be additional costs for the few cities that hire temporary staff to handle absentee voting. Contact Name: Representative Janice McGeachin Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 711