2006 Legislation
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HOUSE BILL NO. 711 – Municipal elections, law revised

HOUSE BILL NO. 711

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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 ordinance  passed  published  at  least  sixty  seventy-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 the eighth Friday eleventh Monday nor later than  5:00  p.m.
 27    on  the  sixth  ninth 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    the eighth Friday eleventh Monday nor later than 5:00 p.m. on the sixth  ninth
 19    Friday,  immediately  preceding election day. Signatures on petitions Before 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 the  sixth  ninth  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 than forty-five
 47    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.
  3    If the election is held for the purpose of electing the mayor  and/or  members
  4    of  the  city  council, the first notice of election shall state that declara-
  5    tions of candidacy are available from the city clerk, and provide the deadline
  6    for filing such declarations with the city  clerk.  The  last  publication  of
  7    notice  shall be made not less than  fifteen five (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 than twenty-one thirty-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 the but 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    than fifteen twenty-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 of
 43    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    event that no 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  first
 25    notice  of  election shall be made by the city clerk not less than twenty (20)
 26    days next preceding any runoff election, and The 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) days next preceding 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, may shall 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 of
 44    election shall be made by the city clerk not less than twenty (20)  days  next
 45    preceding  any  runoff  election, and The 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) days next preceding any runoff election, and sample ballots  shall
 49    be printed not less than eighteen (18) days preceding the runoff election.

Statement of Purpose / Fiscal Impact



                       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