1998 Legislation
Print Friendly

HOUSE BILL NO. 471 – School elections, absentee voting


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0471...........................................................by HORNBECK
SCHOOL ELECTIONS - ABSENTEE VOTING - Amends existing law to clarify the
method of handling absentee ballots in school elections to assure the
secrecy of the ballot.

01/13    House intro - 1st rdg - to printing
01/14    Rpt prt - to Educ
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 65-0-5
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
      Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Geddes,
      Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Miller,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tilman,
      Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Black(23), Gagner, Linford, Sali, Taylor
    Floor Sponsor - Hornbeck
    Title apvd - to Senate
02/09    Senate intro - 1st rdg - to Educ
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
      Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Sorensen
    Floor Sponsor - Schroeder
    Title apvd - to House
03/11    To enrol
03/12    Rpt enrol - Sp signed
03/13    Pres signed
03/16    To Governor
03/17    Governor signed
         Session Law Chapter 56
         Effective: 07/01/98

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 471

                                       BY HORNBECK

 1                                        AN ACT

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION  1.  That  Section  33-406, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        33-406.  ABSENTEE VOTING. For the purposes of this section the term  clerk
 9    shall mean the clerk of the board of county commissioners whenever an election
10    involves  changing  the boundaries of school districts, or the creation of new
11    school districts by consolidation of districts or division of a  district.  In
12    all other school elections the term clerk shall mean the clerk of the board of
13    trustees of the school district.
14        In  any  school  election,  a  qualified  school elector who expects to be
15    absent from the district on the day of the election, or who  will  be  unable,
16    because  of  physical disability or blindness, to go to the polling place, may
17    vote in such election in the manner herein provided.
18        Any such elector may make written application to the clerk for a ballot or
19    ballots of the kind or kinds to be voted on at such election,  which  applica-
20    tion  shall  contain the name of the elector, the trustee zone of the district
21    in which he resides, and his present address. The application  for  an  absent
22    elector's  ballot  shall  be  filed with the clerk not later than one (1) hour
23    prior to the opening of the polls.
24        The clerk receiving such application shall,  not  more  than  twenty-eight
25    (28)  days prior to the day of the election, deliver to said applicant elector
26    personally or by mail to the mailing address given in the application, postage
27    prepaid, a ballot or ballots, one (1) of each kind thereof, to be voted on  in
28    the election, and a form of oath of qualification.
29        The  elector  shall  vote  in  secret and shall  inclose  
30    enclose  his ballot or ballots in an envelope  to  be  supplied  by  the
31    clerk  ,     and  seal the same , and place thereon
32    his name and the date the vote was cast, and  . The elector  
33    shall  then  place the  said   secrecy  enve-
34    lope in  another   a return  envelope, together with the
35    form  of  oath  of  qualification  executed  by  him, and address and mail, or
36    deliver, the same to the clerk. The absentee ballot must be  received  by  the
37    clerk, not later than 8:00 p.m. on the day of the election, before such ballot
38    may be counted.
39        Any  elector  physically  unable to mark his own ballot may receive assis-
40    tance in marking his ballot from the officer delivering same or  an  available
41    person  of  his  own choosing. In the event the officer is requested to render
42    assistance in marking an absent elector's ballot, the officer shall  ascertain
43    the  desires of the elector and shall vote the applicant's ballot accordingly.


 1    No election officer or any other  person  assisting  a  disabled  voter  shall
 2    attempt to influence the vote of such elector in any manner.
 3        The  written  applications  shall  be  kept  by the clerk as a part of the
 4    records of the election and he shall, on the day of the  election  and  before
 5    the  polling  places  are  closed, deliver to the proper board of election all
 6    such envelopes together with a list, compiled and signed by him, of the  elec-
 7    tors making application to vote in absentia.
 8        The  board  of  election  shall  verify  all  return  envelopes
 9    delivered to it by the clerk against the names appearing  on  the  said  list,
10    open  the    return    envelopes and examine the elector's oath. If
11    these are found to be in order, the ballots shall  be removed from 
12     remain in  the  secrecy  envelopes and  be  
13    placed in the ballot box in the same manner as though the elector were person-
14    ally present and voting; and the voter's name shall thereupon be subscribed in
15    any polling book or other record kept at such election.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
                               RS 07452
     Clarifies absentee balloting procedures for school districts.
                              FISCAL NOTE
    Contact: Representative Twila Hornbeck
    Bill No.