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H0386........................................................by MR. SPEAKER
Requested by: Office of Secretary of State
ELECTIONS - Amends existing law to revise timing requirements for the
filing of a declaration of intent for recreation districts and soil
conservation districts for election purposes.
01/17 House intro - 1st rdg - to printing
Rpt prt - to St Aff
01/26 Rpt out - rec d/p - to 2nd rdg
01/27 2nd rdg - to 3rd rdg
01/31 3rd rdg - PASSED - 62-2-6
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Stevenson, Stoicheff, Stone, Tilman, Wheeler, Wood,
Zimmermann
NAYS -- Hornbeck, Smylie
Absent and excused -- Gould, Pischner, Ridinger, Taylor, Trail, Mr
Speaker
Floor Sponsor - Callister
Title apvd - to Senate
02/01 Senate intro - 1st rdg - to St Aff
02/03 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/08 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Branch
Floor Sponsor - Richardson
Title apvd - to House
02/09 To enrol
02/10 Rpt enrol - Sp signed
02/11 Pres signed
02/14 To Governor
02/18 Governor signed
Session Law Chapter 4
Effective: 07/01/00
H0386|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 386 BY MR. SPEAKER Requested by: Office of Secretary of State 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 31-4306, IDAHO CODE, TO REVISE TIMING 3 REQUIREMENTS FOR THE FILING OF A DECLARATION OF INTENT AND TO MAKE A TECH- 4 NICAL CORRECTION; AMENDING SECTION 22-2721, IDAHO CODE, TO REVISE TIMING 5 REQUIREMENTS FOR THE FILING OF A DECLARATION OF INTENT; AND PROVIDING AN 6 EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 31-4306, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 31-4306. ELECTION OF DIRECTORS. (1) An election of directors shall be 11 held in each district on the Tuesday succeeding the first Monday of November 12 of each even-numbered year. Such election shall be held in conformity with 13 chapter 14, title 34, Idaho Code, and other applicable provisions of title 34, 14 Idaho Code. Before the notice of election is given, the board shall divide the 15 district into subdivisions as nearly equal in population as possible to be 16 designated as director's subdistrict 1, 2 and 3, or director's subdistrict 1, 17 2, 3, 4 and 5, depending upon the number of subdistricts in the district. Each 18 nominating petition shall state the subdistrict for which the nominee is nomi- 19 nated. 20 (2) In any election for directors if, after the expiration of the date 21 for filing written nominations for the office of director, it appears that 22 only one (1) qualified candidate has been nominated for each position to be 23 filled and if no declaration of intent has been filed as provided in subsec- 24 tion (3) of this section, it shall not be necessary to hold an election, and 25 the board of directors, shall no later than seven (7) days before the sched- 26 uled date of the election declare such candidate elected as director, and the 27 secretary of the recreation district board shall immediately make and deliver 28 to such person a certificate of election. 29 (3) No write-in vote for recreation district director shall be counted 30 unless a declaration of intent has been filed indicating that the person 31 desires the office and is legally qualified to assume the duties of recreation 32 district director if elected. The declaration of intent shall be filed with 33 the recreation district board secretary not later thaneleven (11)twenty-five 34 (25) days before the day of election. 35 SECTION 2. That Section 22-2721, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 22-2721. ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPERVISORS. 38 The governing body of the district shall consist of five (5) supervisors, 39 elected or appointed as provided in this chapter. Elections shall be conducted 40 pursuant to the provisions of this section and the uniform district election 41 law, chapter 14, title 34, Idaho Code. If at any time the supervisors of a 2 1 district deem it necessary, they may request permission from the state soil 2 conservation commission to increase the number of supervisors to seven (7). 3 Upon receipt of such a request in writing, signed by all five (5) supervisors, 4 stating a valid reason for such need, the commission shall grant permission. 5 The additional supervisors shall then be appointed as outlined in subparagraph 6 C. of this section until such time as regular district elections for two (2) 7 supervisors in each district. At that time those districts having seven (7) 8 supervisors shall then elect four (4) supervisors for four (4) year terms. 9 The two (2) supervisors appointed by the commission shall be persons who are 10 by training and experience qualified to perform the specialized services which 11 will be required of them in the performance of their duties. All supervisors 12 shall be landowners or farmers of the district where they are elected or 13 appointed. 14 A. Within thirty (30) days after the date of issuance by the secretary of 15 state of a certificate of organization of a soil conservation district, nomi- 16 nating petitions may be filed with the state soil conservation commission to 17 nominate candidates for supervisors of each district. The soil conservation 18 commission, unless it has contracted with the county clerk to conduct the 19 election, shall designate an individual to act as the election official. If 20 contracted to do so, the county clerk shall act as the election official. The 21 election official shall have authority to extend the time within which nomi- 22 nating petitions may be filed. No such nominating petition shall be accepted 23 by the election official unless it shall be subscribed by not less than five 24 (5) persons who are qualified electors owning land or residing within the 25 boundaries of the district. The election official shall give due notice of an 26 election to be held, subject to the provisions of section 34-106, Idaho Code, 27 for the election of three (3) supervisors for the district. The names of all 28 nominees on behalf of whom such nominating petitions have been filed within 29 the time herein designated, shall appear arranged in the alphabetical order of 30 the surnames, upon ballots, with a square before each name and directions to 31 insert a mark in the square before any three (3) names to indicate the voter's 32 preference. The three (3) candidates who shall receive the largest number, 33 respectively, of the votes cast in such election shall be the elected supervi- 34 sors for such district. The commission shall pay all the expenses of such 35 election, which shall be supervised and conducted by the election official. 36 B. All elections in districts, excluding the first election as provided 37 in subparagraph A. of this section, shall be conducted by the district super- 38 visors of the districts involved who shall designate an individual to be the 39 election official, or the county clerk if contracted for that purpose. Such 40 election shall be held on the first Tuesday succeeding the first Monday of 41 November in each even-numbered year. Such elections shall be in compliance 42 with the provisions of chapter 14, title 34, Idaho Code, and shall be super- 43 vised and conducted by the election official. The cost of conducting such 44 elections shall be borne by the district involved. The election official shall 45 certify to the state soil conservation commission the names of the elected 46 supervisors. The state soil conservation commission shall issue certificates 47 of election to each elected supervisor so certified. The state soil conserva- 48 tion commission may authorize each district to contract with the county clerk 49 or county clerks of the county or counties in which the district is located to 50 conduct the election for the soil conservation district. If a district elec- 51 tion is conducted by a county clerk, the county clerk must provide a ballot 52 for the district election, and must provide a process that allows only quali- 53 fied electors of the district to vote in that district's election. 54 In any election for supervisor, if after the deadline for filing a decla- 55 ration of intent as a write-in candidate, it appears that the number of quali- 3 1 fied candidates who have been nominated is equal to the number of supervisors 2 to be elected, it shall not be necessary for the candidates to stand for elec- 3 tion, and the board of supervisors shall declare such candidates elected as 4 supervisors, and the state soil conservation commission shall immediately make 5 and deliver to such persons certificates of election. 6 C. In any election for supervisors of a soil conservation district, if 7 after the expiration of the date for filing written nominations it appears 8 that only one (1) qualified candidate has been nominated for each position to 9 be filled and no declaration of intent has been filed by a write-in candi- 10 date as provided in subparagraph D. of this section, it shall not be necessary 11 to hold an election, and the election official shall, no later than seven (7) 12 days before the scheduled date of the election, declare such candidate elected 13 as supervisor, and the state soil conservation commission shall immediately 14 make and deliver to such person a certificate of election. 15 D. No write-in vote for supervisor shall be counted unless a declaration 16 of intent has been filed with the election official indicating that the person 17 making the declaration desires the office and is legally qualified to assume 18 the duties of supervisor if elected as a write-in candidate. The declaration 19 of intent shall be filed not later thaneleven (11)twenty-five (25) days 20 before the day of election. 21 E. The supervisors shall designate a chairman and may, from time to time, 22 change such designation. The term of office of each supervisor shall be four 23 (4) years commencing on the first day of January next following election, 24 except that the two (2) supervisors who are first appointed shall be desig- 25 nated to serve for terms of two (2) years. A supervisor shall hold office 26 until a qualified successor has been elected or appointed. Vacancies shall be 27 filled for the unexpired term. The selection of successors to fill an unex- 28 pired term, or for a full term shall be made by a vote of the majority of the 29 supervisors duly qualified and acting at the time the vacancy shall arise and 30 the supervisors shall certify the name of the appointed supervisor to the 31 state soil conservation commission who shall issue a certificate of such 32 appointment. 33 F. A majority of the supervisors shall constitute a quorum and the con- 34 currence of a majority in any matter within their duties shall be required for 35 its determination. A supervisor shall be entitled to expenses, including 36 travel expense, necessarily incurred in the discharge of duties. A supervisor 37 shall receive no compensation for services from regular district funds, county 38 funds authorized in section 22-2726, Idaho Code, or state funds authorized in 39 section 22-2727, Idaho Code. 40 In the event the district has a special project, approved by the state 41 soil conservation commission, making project funds available from federal or 42 other sources, a supervisor may receive compensation not to exceed thirty-five 43 dollars ($35.00) per day plus actual and necessary expenses from project funds 44 for services directly related to the project. 45 The supervisors may employ a secretary, technical experts, and such other 46 officers, agents, and employees, permanent and temporary as they may require, 47 and shall determine their qualifications, duties and compensation. The super- 48 visors may call upon the attorney general of the state for such legal services 49 as they may require or may employ their own counsel and legal staff. The 50 supervisors may delegate to their chairman, to one (1) or more supervisors, or 51 to one (1) or more agents, or employees, such powers and duties as they may 52 deem proper. The supervisors shall furnish to the state soil conservation com- 53 mission, upon request, copies of such ordinances, rules, orders, contracts, 54 forms and other documents as they shall adopt or employ, and such other infor- 55 mation concerning their activities as it may require in the performance of its 4 1 duties under this chapter. 2 The supervisors shall provide for the execution of surety bonds for all 3 employees and officers who shall be entrusted with funds or property; they 4 shall provide for the keeping of a full and accurate record of all proceedings 5 and of all resolutions, and orders issued or adopted; and shall provide for an 6 annual audit of the accounts of receipts and disbursements. Any supervisor may 7 be removed by the state soil conservation commission upon notice and hearing, 8 for neglect of duty or malfeasance in office, but for no other reason. 9 The supervisors may invite the legislative body of a municipality or 10 county located near the territory comprised within the district to designate 11 a representative to advise and consult with the supervisors of the district on 12 all questions of program and policy which may affect the property, water sup- 13 ply, or other interests of such municipality or county. 14 SECTION 3. This act shall be in full force and effect on and after July 15 1, 2000.
STATEMENT OF PURPOSE
RS 09391
The purpose of this legislation is to change the candidate write-in
deadline from eleven days to twenty-five days in a soil
conservation district and recreation district. This change brings
these two districts into conformance with the Uniform District
Election Laws, Section 34-1407, Idaho Code.
FISCAL NOTE
There would be no fiscal impact.
CONTACT PERSON: Ben Ysursa, Chief Deputy
Secretary of State
334-2582
STATEMENT OF PURPOSE/FISCAL NOTE H38