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H0574..............................................................by CLARK
MUNICIPAL ELECTIONS - Amends and repeals existing law relating to municipal
elections to provide that election officials shall be qualified city or
county electors, to provide a statutory reference for governance of
write-in candidates, to provide for delivery of absentee ballots, to strike
information referring to a repealed code section and to provide that polls
shall remain open until 8:00 p.m. on the day they are opened.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to St Aff
02/13 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Campbell, Chase, Clark, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20),
Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black(23), Crane, Crow, Henbest, Stone
Floor Sponsor - Clark
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to St Aff
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Keough
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 240
Effective: 07/01/98
H0574|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 574 BY CLARK 1 AN ACT 2 RELATING TO MUNICIPAL ELECTIONS; AMENDING SECTION 50-409, IDAHO CODE, TO PRO- 3 VIDE THAT ELECTION OFFICIALS SHALL BE QUALIFIED CITY OR COUNTY ELECTORS; 4 REPEALING SECTION 50-425, IDAHO CODE; AMENDING SECTION 50-432, IDAHO CODE, 5 TO PROVIDE A STATUTORY REFERENCE FOR GOVERNANCE OF WRITE-IN CANDIDATES; 6 REPEALING SECTION 50-444, IDAHO CODE; AMENDING SECTION 50-445, IDAHO CODE, 7 TO PROVIDE FOR DELIVERY OF ABSENTEE BALLOTS AND TO STRIKE INFORMATION 8 REFERRING TO REPEALED SECTION 50-444, IDAHO CODE; AND AMENDING SECTION 9 50-453, IDAHO CODE, TO PROVIDE THAT POLLS SHALL REMAIN OPEN UNTIL EIGHT 10 P.M. ON THE DAY THEY ARE OPENED. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 50-409, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 50-409. APPOINTMENT AND COMPENSATION OF ELECTION JUDGES AND CLERKS. The 15 city council in each city, at a regular meeting in the month preceding an 16 election, shall appoint an election judge and such clerks as may be necessary 17 for each voting precinct within the city. The election officials shall be 18 qualified city or county electors. The city clerk shall notify 19 the election officials of their appointment within five (5) days following 20 appointment. If any election judge or clerk fails to report for duty on the 21 day of election the city clerk shall fill such vacancies from among the quali- 22 fied electors presenting themselves to vote. Compensation for the election 23 judges and clerks shall be determined by the city council at time of appoint- 24 ment and shall be not less than the minimum wage as prescribed by federal law. 25 SECTION 2. That Section 50-425, Idaho Code, be, and the same is hereby 26 repealed. 27 SECTION 3. That Section 50-432, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 50-432. TIME AND MANNER OF FILING PETITIONS. All petitions of nomination 30 for elective city offices shall be filed with the clerk of the respective city 31 wherein the elections are to be held, not more than sixty (60) or less than 32 forty (40) days, including Sundays and holidays, immediately preceding elec- 33 tion day. When the petition of nomination is presented for filing to the city 34 clerk, he shall forthwith examine the same and ascertain whether it conforms 35 to the provisions of chapter 4, title 50, Idaho Code. If found not sufficient, 36 he shall immediately, in writing, designate on said nominating petition the 37 defect, omission or reason why such petition is insufficient and shall return 38 the same to the person named as the person to whom the petition may be 39 returned in accordance with section 50-431, Idaho Code. The petition may then 40 be amended and again presented to the clerk if within the time allowed for 2 1 filing such, as in the first instance. The clerk shall forthwith proceed to 2 examine the amended petition as hereinbefore provided for the original peti- 3 tion. If either the original or the amended form of petition be found suffi- 4 cient, the clerk shall file the same, endorsing thereon the date and time upon 5 which the petition was accepted by him. The city clerk shall not accept any 6 nominating petitions after 5 p.m. on the final day for filing petitions. 7 Write-in candidates shall be governed by section 34-702A, Idaho Code, but 8 shall file the declarations required in that section with the city clerk. 9 10 SECTION 4. That Section 50-444, Idaho Code, be, and the same is hereby 11 repealed. 12 SECTION 5. That Section 50-445, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 50-445. ISSUANCE OF ABSENTEE BALLOT. Upon receipt of an application for 15 an absent elector's ballot within the proper time, the city clerk receiving it 16 shall examine the records of his office to ascertain whether or not such 17 applicant is registered and lawfully entitled to vote as requested, and, if 18 found to be so, he shall arrange for the applicant to vote by absent elector's 19 ballot .in the following manner:20(1) If the applicant is classed under section 50-444(1), Idaho Code, the21clerk shall deliver to the applicant by mail to the mailing address given in22the application, or if by facsimile machine to the facsimile address given in23the application, an official absent elector's ballot, a return envelope with24the affidavit thereon properly filled in as to precinct and residence address25as shown by the records in his office, and an instruction card. In cases of26facsimile transmission, special instructions regarding return envelope, affi-27davits and other instructions shall also be included with transmission of the28ballot.29(2) If the applicant is classed under section 50-444(5), Idaho Code, and30if the applicant in the United States service submits a properly executed fed-31eral postcard application and the city clerk receiving it shall determine that32such applicant is not properly registered, the city clerk shall cause the33applicant to be registered and shall then deliver to the applicant the offi-34cial elector's ballot and other materials as above set forth.35(3) If the applicant is classed under section 50-444(3), Idaho Code, the36city clerk shall forthwith notify the applicant that he shall appear person-37ally and vote at the "absent elector's voting place" in the city hall during38the time prescribed.39(4) In the case of applicants classified under section 50-444(1) or (2),40Idaho Code, the absent elector's ballot and other materials shall be delivered41or mailed or sent by facsimile machine to the absent elector within forty-42eight (48) hours after the receipt of the application, if the official ballots43are then printed, or, if not then printed, within forty-eight (48) hours after44such printed ballots shall be delivered to the city clerk.45(5) If the applicant is classed under section 50-444(4), Idaho Code, the46city clerk shall forthwith notify the applicant by setting forth the time and47place at which the city clerk shall deliver the absentee ballot48 The absentee ballot may be delivered to the absent elector in the office of 49 the city clerk, by postage prepaid mail or by other appropriate means . 50(6)An elector physically unable to mark his own ballot may 51 receive assistance in marking such ballot from the officer delivering same or 52 an available person of his own choosing. In the event the election officer is 3 1 requested to render assistance in marking an absent elector's ballot, the 2 officer shall ascertain the desires of the elector and shall vote the 3 applicant's ballot accordingly.When such ballot is marked by an elec-4tion officer, the witnesses on hand shall be allowed to observe such marking.5No city clerk, deputy, or other person assisting a disabled voter shall 6 attempt to influence the vote of such elector in any manner. 7 SECTION 6. That Section 50-453, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 50-453. OPENING AND CLOSING POLLS. (1) As provided by ordinance at all 10 general and special city elections the polls shall be opened at either 8:00 11 a.m. or 12:00 noon and remain open untilall registered electors of that12precinct have voted or until8:00 p.m. of the same day, whichever13comes first. 14 (2) Upon opening the polls the precinct judge will make the proclamation 15 of the same and thirty (30) minutes before closing the polls a proclamation 16 shall be made in the same manner. Any elector who is in line at 8:00 p.m. 17 shall be allowed to vote, notwithstanding the pronouncement that the polls are 18 closed.
STATEMENT OF PURPOSE
RS 07688C1
This legislation repeals city election law covered in five
different sections of Title 50. The purpose of this bill is
to have city election laws match state election laws thereby
having both cities and counties under the same election
rules.
FISCAL NOTE
No fiscal impact.
CONTACT: Representative Jim Clark
332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H 574