View Daily Data Tracking History
View Bill Text
View Amendment
View Statement of Purpose / Fiscal Impact
H0142aaS,aaS...............................................by STATE AFFAIRS
PRIMARY ELECTION - Amends existing law to change the date of the primary
election and the Presidential Preference Primary to the first Tuesday in
June.
01/29 House intro - 1st rdg - to printing
02/01 Rpt prt - to St Aff
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 51-18-1
AYES -- Barraclough, Bell, Bieter, Black, Boe, Callister, Chase,
Cuddy, Deal, Denney, Field(13), Field(20), Gagner, Geddes, Gould,
Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd,
Kellogg, Kempton, Kjellander, Kunz, Limbaugh, Linford, Loertscher,
Marley, McKague, Meyer, Montgomery, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Schaefer, Sellman, Smith, Stevenson,
Stoicheff, Stone, Tippets, Trail, Watson, Wheeler, Zimmermann,
Mr Speaker
NAYS -- Alltus, Barrett, Bruneel, Campbell, Clark, Crow, Ellsworth,
Hadley, Hornbeck, Kendell, Lake, Mader, Mortensen, Moyle, Sali,
Tilman, Williams, Wood
Absent and excused -- Taylor
Floor Sponsor - Hansen(29)
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to St Aff
03/11 Rpt out - to 14th Ord
Rpt out amen - to 1st rdg as amen
03/12 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/16 To 14th Ord
Rpt out amen - 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 25-8-2
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Davis, Deide, Frasure, Geddes, Hawkins, Ingram, Keough,
King, Lee, Noh, Richardson, Riggs, Risch, Sorensen, Stegner, Thorne,
Twiggs, Wheeler
NAYS--Branch, Dunklin, Ipsen, McLaughlin, Sandy, Schroeder, Stennett,
Whitworth
Absent and excused--Darrington, Parry
Floor Sponsor - Risch
Title apvd - to House
03/18 House did not concur in Senate amens
Filed with Chief Clerk
H0142|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 142 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE PRIMARY ELECTION; AMENDING SECTION 34-102, IDAHO CODE, TO SET 3 THE DATE OF THE PRIMARY ELECTION AND THE PRESIDENTIAL PREFERENCE PRIMARY; 4 AMENDING SECTION 34-106, IDAHO CODE, TO SET THE DATE OF THE PRIMARY ELEC- 5 TION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 34-601, IDAHO 6 CODE, TO SET THE DATE WHEN ELECTIONS SHALL BE HELD; AND AMENDING SECTION 7 34-731, IDAHO CODE, TO SET THE DATE WHEN THE PRESIDENTIAL PREFERENCE PRI- 8 MARY SHALL BE HELD. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 34-102, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 34-102. "PRIMARY ELECTION" DEFINED -- PURPOSES. "Primary election" means 13 an election held for the purpose of nominating persons as candidates of polit- 14 ical parties for election to offices, and for the purpose of electing persons 15 as members of the controlling committees of political parties. Primary elec- 16 tions shall be held on thefourthfirst Tuesday of 17MayJune in each even-numbered year. 18 "Presidential primary" or "presidential preference primary" means an elec- 19 tion held for the purpose of allowing voters to express their choice for can- 20 didates for nominations for president of the United States. Presidential pri- 21 mary elections shall be held in conjunction with the primary election, on the 22fourthfirst Tuesday ofMayJune 23 in each presidential election year. 24 SECTION 2. That Section 34-106, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith- 27 standing any other provisions of the law to the contrary, there shall be no 28 more than four (4) elections conducted in any county in any calendar year, 29 except as provided in this section, and except that elections to fill vacan- 30 cies in the United States house of representatives shall be held as provided 31 in the governor's proclamation. 32 (1) The dates on which elections may be conducted are: 33 (a) the first Tuesday in February of each year; and 34 (b) thefourthfirst Tuesday inMay35June of each year; and 36 (c) the first Tuesday in August of each year; and 37 (d) the Tuesday following the first Monday in November of each year. 38 (e) In addition to the elections specified in paragraphs (a) through (d) 39 of this subsection, an emergency election may be called upon motion of the 40 governing board of a political subdivision. An emergency exists when there 41 is a great public calamity, such as an extraordinary fire, 2 1 flood, storm, epidemic, or other disaster, or if it is necessary to do 2 emergency work to prepare for a national or local defense, or it is neces- 3 sary to do emergency work to safeguard life, health or property. Such a 4 special election, if conducted by the county clerk, shall be conducted at 5 the expense of the political subdivision submitting the question. 6 (2) Candidates for office elected in February,May7 June or August shall take office on the date specified in the certifi- 8 cate of election but not more than sixty (60) days following the election. 9 (3) Candidates for office elected in November shall take office as pro- 10 vided in the constitution, or on January 1, next succeeding the November elec- 11 tion. 12 (4) The governing board of each political subdivision subject to the pro- 13 visions of this section, which, prior to January 1, 1994, conducted an elec- 14 tion for members of that governing board on a date other than a date permitted 15 in subsection (1) of this section, shall establish as the election date for 16 that political subdivision the date authorized in subsection (1) of this sec- 17 tion which falls nearest the date on which elections were previously con- 18 ducted, unless another date is established by law. 19 (5) The secretary of state is authorized to provide such assistance as 20 necessary, and to prescribe any needed rules, regulationsor 21 interpretations for the conduct of election authorized under the provisions of 22 this section. 23 (6) School districts governed by title 33, Idaho Code, and water dis- 24 tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi- 25 sions of this section. 26 (7) Initiative, referendum and recall elections conducted by any politi- 27 cal subdivision shall be held on the nearest date authorized in subsection (1) 28 of this section which falls more than forty-five (45) days after the clerk of 29 the political subdivision orders that such initiative, referendum or recall 30 election shall be held. 31 SECTION 3. That Section 34-601, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 34-601. DATES ON WHICH ELECTIONS SHALL BE HELD. Elections shall be held 34 in this state on the following dates or times: 35 (1) A primary election shall be held on thefourth36 first Tuesday inMayJune ,198037 2000 , and every two (2) years thereafter on the above-mentioned 38 Tuesday. 39 (2) A general election shall be held on the first Tuesday after the first 40 Monday of November, 1972, and every two (2) years thereafter on the above-men- 41 tioned Tuesday. 42 (3) Special state elections shall be held on the dates ordered by the 43 governor's proclamation, or as otherwise provided by law. 44 (4) A presidential primary shall be held in conjunction with the primary 45 election, on thefourthfirst Tuesday inMay46June ,19802000 , and every four 47 (4) years thereafter on the above-mentioned Tuesday. 48 SECTION 4. That Section 34-731, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 34-731. PRESIDENTIAL PREFERENCE VOTE. In years in which a president of 51 the United States is to be nominated and elected, a presidential preference 3 1 primary shall be held at which voters shall express their choice for candi- 2 dates for nominations for president. The presidential preference primary shall 3 be held in conjunction with the primary election, on thefourth4 first Tuesday inMayJune of each pres- 5 idential year.
AH0142|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Risch Seconded by Riggs IN THE SENATE SENATE AMENDMENT TO THE SENATE AMENDMENTS TO H.B. NO. 142 1 AMENDMENT TO THE AMENDMENT 2 On page 1 of the printed amendment, delete lines 1 through 32, inclusive, 3 and insert: 4 "AMENDMENT TO THE BILL 5 On page 1 of the printed bill, delete lines 10 through 41, and delete page 6 2, and insert: 7 "SECTION 1. That Section 34-102, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 34-102. "PRIMARY ELECTION" DEFINED -- PURPOSES. "Primary election" means 10 an election held for the purpose of nominating persons as candidates of polit- 11 ical parties for election to offices, and for the purpose of electing persons 12 as members of the controlling committees of political parties. Primary elec- 13 tions shall be held on thefourththird Tuesday of 14 May in each even-numbered year. 15 "Presidential primary" or "presidential preference primary" means an elec- 16 tion held for the purpose of allowing voters to express their choice for can- 17 didates for nominations for president of the United States. Presidential pri- 18 mary elections shall be heldin conjunction with the primary election,19on the fourth Tuesday of Mayon the first Friday after the first 20 Monday in March in each presidential election year. 21 SECTION 2. That Section 34-106, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith- 24 standing any other provisions of the law to the contrary, there shall be no 25 more than four (4) elections conducted in any county in any calendar year, 26 except as provided in this section, and except that elections to fill vacan- 27 cies in the United States house of representatives shall be held as provided 28 in the governor's proclamation and the presidential preference primary 29 election shall be held on the first Friday after the first Monday in March in 30 presidential election years . 31 (1) The dates on which elections may be conducted are: 32 (a)tT he first Tuesday in February of each 33 year; and 34 (b)tT hefourththird 35 Tuesday in May of each year; and 36 (c)tT he first Tuesday in August of each year; 37 and 38 (d)tT he Tuesday following the first Monday in 39 November of each year. 40 (e) In addition to the elections specified in paragraphs (a) through (d) 41 of this subsection, an emergency election may be called upon motion of the 42 governing board of a political subdivision. An emergency exists when there 2 1 is a great public calamity, such as an extraordinary fire, 2 flood, storm, epidemic, or other disaster, or if it is necessary to do 3 emergency work to prepare for a national or local defense, or it is neces- 4 sary to do emergency work to safeguard life, health or property. Such a 5 special election, if conducted by the county clerk, shall be conducted at 6 the expense of the political subdivision submitting the question. 7 (2) Candidates for office elected in February, May or August shall take 8 office on the date specified in the certificate of election but not more than 9 sixty (60) days following the election. 10 (3) Candidates for office elected in November , unless otherwise 11 provided by law, shall take officeas provided in the constitu-12tion, or on January 1on the first Monday of January , next 13 succeeding the November election. 14 (4) The governing board of each political subdivision subject to the pro- 15 visions of this section, which, prior to January 1, 1994, conducted an elec- 16 tion for members of that governing board on a date other than a date permitted 17 in subsection (1) of this section, shall establish as the election date for 18 that political subdivision the date authorized in subsection (1) of this sec- 19 tion which falls nearest the date on which elections were previously con- 20 ducted, unless another date is established by law. 21 (5) The secretary of state is authorized to provide such assistance as 22 necessary, and to prescribe any needed rules, regulationsor 23 interpretations for the conduct of election authorized under the provisions of 24 this section. 25 (6) School districts governed by title 33, Idaho Code, and water dis- 26 tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi- 27 sions of this section. 28 (7) Initiative, referendum and recall elections conducted by any politi- 29 cal subdivision shall be held on the nearest date authorized in subsection (1) 30 of this section which falls more than forty-five (45) days after the clerk of 31 the political subdivision orders that such initiative, referendum or recall 32 election shall be held. 33 SECTION 3. That Section 34-601, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 34-601. DATES ON WHICH ELECTIONS SHALL BE HELD. Elections shall be held 36 in this state on the following dates or times: 37 (1) A primary election shall be held on thefourth38 third Tuesday in May,19802000 , and every 39 two (2) years thereafter on the above-mentioned Tuesday. 40 (2) A general election shall be held on the first Tuesday after the first 41 Monday of November, 1972, and every two (2) years thereafter on the above-men- 42 tioned Tuesday. 43 (3) Special state elections shall be held on the dates ordered by the 44 governor's proclamation, or as otherwise provided by law. 45 (4) A presidential preference primary shall be heldin46conjunction with the primary election,on thefourth Tuesday in47May, 1980first Friday after the first Monday of March, 2000 48 , and every four (4) years thereafter on the above-mentionedTues-49dayFriday . 50 SECTION 4. That Chapter 6, Title 34, Idaho Code, be, and the same is 51 hereby amended by the addition thereto of a NEW SECTION , to be 52 known and designated as Section 34-602A, Idaho Code, and to read as follows: 3 1 34-602A. PUBLICATION OF NOTICE FOR PRESIDENTIAL PREFERENCE PRIMARY. The 2 several county clerks shall publish notice of the presidential preference pri- 3 mary, which notice shall state the date of the election, the polling places 4 designated for the presidential preference primary, and the hours during which 5 the polls shall be open for the purposes of voting. 6 The notice shall be published not later than five (5) days prior to the 7 election. The notice shall be published in one (1) newspaper published within 8 the county or a newspaper which has general circulation within the county. 9 SECTION 5. That Section 34-713, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 34-713. PREPARATION OF PRIMARY BALLOTS. Upon receipt of the sample ballot 12 and instructions from the secretary of state, each county clerk shall print 13 and prepare the official primary ballots for the forthcoming election. The 14 printing of the ballots shall be a county expense and paid out of the county 15 treasury except presidential preference primary ballots which shall be paid 16 for as provided in section 34-739, Idaho Code. 17 Each county clerk shall cause to be publishedon the earliest date18possible in Maya sample ballot which shall include the 19 names of all the political party candidates who shall appear on the primary 20 ballot .and the names of all political party candidates who21shall appear on the presidential preference primary ballot.The names 22 shall be listed alphabetically under each particular office title. 23 Each county clerk shall cause to be published a sample ballot which 24 shall include the names of all political party candidates who shall appear on 25 the presidential preference primary ballot. The sample ballot publication 26 shall be published with the notice of election as provided in section 34-602A, 27 Idaho Code. 28 SECTION 6. That Section 34-731, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 34-731. PRESIDENTIAL PREFERENCE VOTE. In years in which a president of 31 the United States is to be nominated and elected, a presidential preference 32 primary shall be held at which voters shall express their choice for candi- 33 dates for nominations for president. The presidential preference primary 34 shall be heldin conjunction with the primary election, on the fourth35Tuesday in Mayon the first Friday after the first Monday in 36 March of each presidential year. The presidential preference pri- 37 mary is limited to those political parties whose primary ballots were printed 38 at the primary election immediately preceding the presidential election year. 39 40 SECTION 7. That Chapter 7, Title 34, Idaho Code, be, and the same is 41 hereby amended by the addition thereto of a NEW SECTION , to be 42 known and designated as Section 34-731A, Idaho Code, and to read as follows: 43 34-731A. WHEN POLITICAL PARTY CAUCUSES HELD. If the national or state 44 party rules of a political party, which is eligible to participate in a presi- 45 dential primary, require or provide for a delegate selection process other 46 than an election, such party shall conduct a caucus on the first Friday after 47 the first Monday in March. The chairman of the political parties eligible to 48 participate in the presidential preference primary shall notify the secretary 49 of state on or before January 1 of the presidential year indicating whether 4 1 the chairman's party will participate in the presidential primary election or 2 conduct a caucus. If in fact any political party participates in the presiden- 3 tial primary, the other political parties' candidates shall also be listed on 4 the ballot, notwithstanding the fact that such other political parties may 5 choose their delegates by a caucus system. 6 SECTION 8. That Section 34-739, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 34-739. COSTS OF PRESIDENTIAL PREFERENCE PRIMARYNOTICE AND BALLOTS9ELECTION . Whenever a presidential preference primary elec- 10 tion is held as provided by this act, the state of Idaho shall assume all 11 costs ofpublication of legal notice and ballot preparation for the12presidential preference primaryholding such election . The 13 county clerk shall determine thelegal notice and ballot preparation14election costs and shall file a certified claim therefor 15 which shall be examined, allowed and paid as other claims against the state 16 are paid. 17 SECTION 9. That Section 34-902, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 34-902. COUNTY COMMISSIONERS TO PROVIDE SUFFICIENT BALLOTS AND BALLOT 20 BOXES FOR EACH POLLING PLACE AT ALL ELECTIONS. (1) At its regular 21 meeting in March, the board of county commissioners shall authorize that a 22 suitable number of ballots be printed for each polling place. The county clerk 23 shall cause such ballots to be printed upon receiving final instructions from 24 the secretary of state, and the cost shall be paid from the county treasury. 25 The board of county commissioners shall authorize the printing of ballots in 26 the same manner for special elections when such special election is ordered by 27 the governor or provided by law. 28 The board of county commissioners shall also provide a suitable number of 29 ballot boxes for each polling place within the county, and shall have complete 30 authority to determine the specifications for such ballot boxes. 31 (2) At its regular meeting in January, the board of county commis- 32 sioners shall determine the number of presidential primary ballots to be 33 printed for each polling place. The county clerk shall certify the number of 34 ballots to be printed to the secretary of state who shall cause the printing 35 of a sufficient number of ballots for the presidential preference primary. 36 37 The board of county commissioners shall also provide a suitable num- 38 ber of ballot boxes for each polling place for the presidential preference 39 primary within the county, and shall have complete authority to determine the 40 specifications for such ballot boxes. 41 SECTION 10. That Chapter 7, Title 34, Idaho Code, be, and the same is 42 hereby amended by the addition thereto of a NEW SECTION , to be 43 known and designated as Section 34-741, Idaho Code, and to read as follows: 44 34-741. DUTIES OF SECRETARY OF STATE. The secretary of state shall, by 45 directive and in cooperation with the county clerks, implement cost-saving 46 measures concerning the conduct of the presidential preference primary includ- 47 ing, but not limited to: combining election precincts, conducting the election 48 by mail and randomly selecting candidate position instead of rotating names, 49 utilizing electors' oaths in lieu of voter registration, and allowing the use 5 1 of one (1) statewide ballot format and voting system. Such measures shall be 2 in effect for the presidential preference primary only. 3 It is legislative intent that the presidential preference primary shall be 4 conducted, for the presidential preference primary in the year 2000, for an 5 amount not to exceed four hundred thousand dollars ($400,000) which shall 6 include the fifty thousand dollars ($50,000) currently allocated for costs of 7 the presidential preference primary. 8 SECTION 11. This act shall be in full force and effect on and after the 9 date four (4) of the following states have enacted legislation providing for a 10 presidential preference primary or caucus on the same date as provided in this 11 act: Nevada, Montana, Colorado, Utah, Wyoming, New Mexico and Arizona. The 12 Governor, upon determination that such events have occurred, shall make a 13 proclamation declaring those events to have occurred, the dates of their 14 occurrence, and shall file the same with the Secretary of State.". 15 16 CORRECTION TO TITLE 17 On page 1, delete lines 2 through 8, and insert: 18 "RELATING TO A PRIMARY ELECTION AND THE PRESIDENTIAL PREFERENCE PRIMARY ELEC- 19 TION; AMENDING SECTION 34-102, IDAHO CODE, TO SET THE DATE OF THE PRIMARY 20 ELECTION AND TO PROVIDE THAT THE PRESIDENTIAL PREFERENCE PRIMARY ELECTION 21 SHALL BE HELD ON THE FIRST FRIDAY AFTER THE FIRST MONDAY IN MARCH IN EACH 22 PRESIDENTIAL ELECTION YEAR; AMENDING SECTION 34-106, IDAHO CODE, TO SET 23 THE DATE OF THE PRIMARY ELECTION AND TO PROVIDE THAT THE PRESIDENTIAL 24 PREFERENCE PRIMARY ELECTION SHALL BE HELD ON THE FIRST FRIDAY AFTER THE 25 FIRST MONDAY IN PRESIDENTIAL ELECTION YEARS, TO CLARIFY WHEN ELECTED CAN- 26 DIDATES TAKE OFFICE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 27 34-601, IDAHO CODE, TO SET THE DATE OF THE PRIMARY ELECTION AND TO REVISE 28 WHEN THE PRESIDENTIAL PREFERENCE PRIMARY ELECTION SHALL BE HELD; AMENDING 29 CHAPTER 6, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-602A, 30 IDAHO CODE, TO PROVIDE PUBLICATION OF NOTICE FOR THE PRESIDENTIAL PREFER- 31 ENCE PRIMARY; AMENDING SECTION 34-713, IDAHO CODE, TO REVISE PROCEDURES 32 FOR THE PREPARATION OF PRIMARY BALLOTS; AMENDING SECTION 34-731, IDAHO 33 CODE, TO CHANGE THE DATE WHEN THE PRESIDENTIAL PREFERENCE VOTE OCCURS AND 34 TO LIMIT POLITICAL PARTIES WHO MAY PARTICIPATE IN A PRESIDENTIAL PREFER- 35 ENCE PRIMARY; AMENDING CHAPTER 7, TITLE 34, IDAHO CODE, BY THE ADDITION OF 36 A NEW SECTION 34-731A, IDAHO CODE, TO PROVIDE WHEN POLITICAL PARTY CAU- 37 CUSES ARE HELD FOR SELECTION OF DELEGATES TO NATIONAL CONVENTIONS IN PRES- 38 IDENTIAL ELECTION YEARS; AMENDING SECTION 34-739, IDAHO CODE, TO PROVIDE 39 FOR COSTS OF THE PRESIDENTIAL PREFERENCE PRIMARY ELECTION; AMENDING SEC- 40 TION 34-902, IDAHO CODE, TO PROVIDE PROCEDURES FOR BALLOT PREPARATION AND 41 SUFFICIENT BALLOT BOXES FOR THE PRESIDENTIAL PREFERENCE PRIMARY; AMENDING 42 CHAPTER 7, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-741, 43 IDAHO CODE, TO PROVIDE DUTIES TO THE SECRETARY OF STATE REGARDING THE 44 PRESIDENTIAL PREFERENCE PRIMARY; AND TO PROVIDE AN EFFECTIVE DATE UPON 45 CERTAIN CONTINGENCIES AND LEGISLATIVE INTENT FOR APPLICATION OF THIS 46 ACT.".".
STATEMENT OF PURPOSE
RS08700
This bill will change the Primary Election date from the fourth
Tuesday in May to the first Tuesday in June following the first
Monday in June.
FISCAL NOTE
No fiscal impact.
CONTACT: Representative Reed Hansen332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 142