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H0077...............................................by STOICHEFF AND ALLTUS TERM LIMITS - Amends and adds to existing law to provide that the trustees of a school district may submit the question of retaining term limitations for the office of school district trustee for that school district at the election of school district trustees in 2000; to delete term limits for members of the United States Senate and House of Representatives; to provide for submission to the electors of the county the question of retaining term limitations for the office of county commissioner and/or for other county elected offices; to provide that a candidate for the office of county commissioner otherwise ineligible to have his name placed on the ballot because of term limits shall be eligible to run for the office at the general election in 2000 if the question of retaining or eliminating term limits for county commissioners is placed on the ballot and to provide that if term limits are retained such person may serve out the term for which he was elected but will thereafter be subject to term limits; and to provide for submission to the electors of the city at a city general election the question of retaining limitations on the number of terms a person may serve in an elected office of that city. 01/14 House intro - 1st rdg - to printing 01/15 Rpt prt - to St Aff
H0077|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 77 BY STOICHEFF AND ALLTUS 1 AN ACT 2 RELATING TO TERM LIMITATIONS; AMENDING SECTION 33-443, IDAHO CODE, TO PROVIDE 3 THAT THE TRUSTEES OF A SCHOOL DISTRICT MAY SUBMIT THE QUESTION OF RETAIN- 4 ING TERM LIMITATIONS FOR THE OFFICE OF SCHOOL DISTRICT TRUSTEE FOR THAT 5 SCHOOL DISTRICT AT THE ELECTION OF SCHOOL DISTRICT TRUSTEES IN 2000 AND TO 6 PROVIDE THE FORM OF THE QUESTION; AMENDING SECTION 34-907, IDAHO CODE, TO 7 DELETE TERM LIMITS FOR MEMBERS OF THE UNITED STATES SENATE AND HOUSE OF 8 REPRESENTATIVES, TO PROVIDE FOR SUBMISSION TO THE ELECTORS OF THE COUNTY 9 THE QUESTION OF RETAINING TERM LIMITATIONS FOR THE OFFICE OF COUNTY COM- 10 MISSIONER OR THE QUESTION OF RETAINING TERM LIMITATIONS FOR OTHER COUNTY 11 ELECTED OFFICES, OR BOTH, UPON A PETITION OF THE ELECTORS OF THE COUNTY, 12 TO PROVIDE THAT A BOARD OF COUNTY COMMISSIONERS, BY RESOLUTION, MAY SUBMIT 13 EITHER OR BOTH QUESTIONS AT THE GENERAL ELECTION IN 2000, TO PROVIDE THE 14 FORM OF THE QUESTIONS, TO PROVIDE THAT A CANDIDATE FOR THE OFFICE OF 15 COUNTY COMMISSIONER OTHERWISE INELIGIBLE TO HAVE HIS NAME PLACED ON THE 16 BALLOT BECAUSE OF TERM LIMITS SHALL BE ELIGIBLE TO RUN FOR THE OFFICE AT 17 THE GENERAL ELECTION IN 2000 IF THE QUESTION OF RETAINING OR ELIMINATING 18 TERM LIMITS FOR COUNTY COMMISSIONERS IS PLACED ON THE BALLOT, TO PROVIDE 19 THAT IF TERM LIMITS ARE RETAINED SUCH PERSON MAY SERVE OUT THE TERM FOR 20 WHICH HE WAS ELECTED BUT WILL THEREAFTER BE SUBJECT TO TERM LIMITS AND TO 21 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 50-478, IDAHO CODE, TO PRO- 22 VIDE FOR SUBMISSION TO THE ELECTORS OF THE CITY AT A CITY GENERAL ELECTION 23 THE QUESTION OF RETAINING LIMITATIONS ON THE NUMBER OF TERMS A PERSON MAY 24 SERVE IN AN ELECTED OFFICE OF THAT CITY UPON A PETITION OF THE ELECTORS OF 25 THE CITY, TO PROVIDE THAT A CITY COUNCIL BY RESOLUTION MAY SUBMIT THE 26 QUESTION AT THE CITY GENERAL ELECTION IN 1999, TO PROVIDE THE FORM OF THE 27 QUESTION AND TO MAKE TECHNICAL CORRECTIONS; PROVIDING SEVERABILITY; AND 28 DECLARING AN EMERGENCY. 29 Be It Enacted by the Legislature of the State of Idaho: 30 SECTION 1. That Section 33-443, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 33-443. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per- 33 son shall not be eligible to have his or her name placed upon the school elec- 34 tion ballot for the office of school district trustee which they have previ- 35 ously held if they have served, will serve or but for resignation would have 36 served, in that same office by the end of their current term of office, repre- 37 senting any zone of the district, during six (6) or more of the previous 38 eleven (11) years. 39 (2) Nothing in the section shall be construed as prohibiting any quali- 40 fied voter of the school district from casting a ballot for any person by 41 writing the name of that person on any ballot, or as prohibiting such a prop- 42 erly marked ballot from being counted or tabulated, nor shall any provision of 43 this section be construed as preventing or prohibiting any person from stand- 2 1 ing or campaigning for any elective office by means of a "write-in" campaign. 2 (3) By resolution adopted by the board of school district trustees, 3 a board of school district trustees may submit to the qualified electors of 4 the district at the election of school district trustees on the third Tuesday 5 in May 2000, the question of whether the limitations on the number of terms 6 which a person may serve in the office of school district trustee as provided 7 in this section should continue to apply to the office of school district 8 trustee for that district. 9 (4) The form of the question to be submitted shall be as follows: 10 Vote for one: 11 In favor of retaining term limits for the office of school district 12 trustee of (name of school district). 13 In favor of eliminating term limits for the office of school district 14 trustee of (name of school district). 15 If a majority of the votes cast are in favor of eliminating term limits, the 16 term limits provided in this section shall not be applicable to the office of 17 school district trustee for the identified district from and after the date 18 the election results are certified. 19 SECTION 2. That Section 34-907, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 34-907. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per- 22 son shall not be eligible to have his or her name placed upon the primary or 23 general election ballot for a county,or state24or federaloffice which they have previously held if they have served, 25 will serve or but for resignation would have served, in that same office by 26 the end of the current term of office for a length of time as follows: 27 ( a.)As a member of the U.S.28House of Representatives representing any district within the state, dur-29ing six (6) or more of the previous eleven (11) years.30b. As a member of the U.S. Senate, during twelve (12) or more of the pre-31vious twenty-three (23) years.32c.As a state elected official, during eight (8) or more of 33 the previous fifteen (15) years. 34d.(b) As a state legislator, representing any 35 district within the state, including all House seats within the same dis- 36 trict, during eight (8) or more of the previous fifteen (15) years. 37e.(c) As a county commissioner, representing 38 any district within the county, during six (6) or more of the previous 39 eleven (11) years. 40f.(d) As any other county elected official, 41 during eight (8) or more of the previous fifteen (15) years. 42 (2) Nothing in this section shall be construed as prohibiting any quali- 43 fied voter of this state from casting a ballot in a general election for any 44 person by writing the name of that person on any ballot, or as prohibiting 45 such a properly marked general election ballot from being counted or tabu- 46 lated, nor shall any provision of this section be construed as preventing or 47 prohibiting any person from standing or campaigning for any elective office by 48 means of a "write-in" campaign in a general election. 49 (3) (a) The qualified electors of the county shall have the right 50 through the county initiative process provided in section 31-717, Idaho 51 Code, to submit to the electors of the county the question of whether the 52 limitations on the number of terms which a person may serve in the office 53 of county commissioner should be retained for that county or whether the 3 1 limitations on the number of terms which a person may serve in any other 2 county elected office should be retained for that county. The 3 question(s) of retaining or eliminating term limits may only be submitted 4 at a general election. Either or both questions may be submitted. 5 6 (b) A board of county commissioners may, by resolution, submit to 7 the electors of the county at the general election to be held in November 8 2000, the question of whether limitations on the number of terms which a 9 person may serve in the office of county commissioner should be retained 10 for that county or whether limitations on the number of terms which a per- 11 son may serve in any other county elected office should be retained for 12 that county. The board may submit either or both questions. 13 (c) The form of the question(s) to be submitted upon a petition of 14 qualified electors or by resolution of the board of county commissioners 15 shall be as follows: 16 Vote for one: 17 In favor of retaining term limits for the office of county com- 18 missioner of (name of county). 19 In favor of eliminating term limits for the office of county 20 commissioner of (name of county). 21 Vote for one: 22 In favor of retaining term limits for all other county elected 23 offices of (name of county). 24 In favor of eliminating term limits for all other county 25 elected offices of (name of county). 26 If a majority of the votes cast are in favor of eliminating term limits for 27 the office of county commissioner of the identified county, the provisions of 28 subsection (1) of this section shall not apply to that office in the identi- 29 fied county from and after the date the election results are certified. If a 30 majority of the votes cast are in favor of eliminating term limits for all 31 other county elected offices of the identified county, the provisions of sub- 32 section (1) of this section shall not apply to that office in the identified 33 county from and after the date the election results are certified. 34 (4) Any person seeking election as a county commissioner who otherwise 35 would be ineligible to have his name placed on the ballot as a candidate for 36 county commissioner at the general election in 2000 pursuant to the provisions 37 of subsection (1)(c) of this section, shall be eligible to have his name 38 placed on the ballot as a candidate for county commissioner at that election 39 if the question of retaining or eliminating term limits for the office of 40 county commissioner is submitted as provided in subsection (3) of this sec- 41 tion. If the person is elected as a county commissioner but the electors of 42 the county vote to retain term limits for the office of county commissioner, 43 the person may serve out the term for which he was elected, but shall thereaf- 44 ter be subject to the term limits applicable to that office as provided in 45 subsection (1)(c) of this section. 46 SECTION 3. That Section 50-478, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 50-478. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per- 49 son shall not be eligible to have his or her name placed upon a special or 50 general election ballot for a city office which they have previously held if 51 they have served, will serve or but for resignation would have served, in that 52 same office by the end of their current term of office for a length of time as 53 follows: 4 1 ( a.) As mayor during eight (8) or 2 more of the previous fifteen (15) years. 3 ( b.) As a member of city council 4 representing any district or assigned member council seat during eight (8) 5 or more of the previous fifteen (15) years. 6 (2) Nothing in this section shall be construed as prohibiting any quali- 7 fied voter of the city from casting a ballot for any person by writing the 8 name of that person on any ballot, or as prohibiting such a properly marked 9 ballot from being counted or tabulated, nor shall any provision of this sec- 10 tion be construed as preventing or prohibiting any person from standing or 11 campaigning for any elective office by means of a "write-in" campaign. 12 (3) The qualified electors of the city shall have the right through 13 the initiative process provided in section 50-501, Idaho Code, to submit to 14 the electors of the city the question of whether the limitations on the number 15 of terms which a person may serve in a city elected office as provided in this 16 section should be retained for that city. The question of retaining or elimi- 17 nating term limits as provided in this subsection shall be submitted only at a 18 city general election held in November of an odd-numbered year, as provided in 19 section 50-402, Idaho Code. 20 (4) A city council may, by resolution, submit to the qualified electors 21 of the city at the city general election in November 1999, the question of 22 whether limitations on the number of terms which a person may serve in a city 23 elected office should be retained for that city. 24 (5) The form of the question to be submitted upon a petition of qualified 25 electors or by resolution of the city council shall be as follows: 26 Vote for one: 27 In favor of retaining term limits for all elected offices of (name of 28 city). 29 In favor of eliminating term limits for all elected offices of 30 (name of city). 31 If a majority of the votes cast are in favor of eliminating term limits, the 32 provisions of subsection (1) of this section shall not apply to elected offi- 33 ces of the identified city from and after the date the election results are 34 certified. 35 SECTION 4. SEVERABILITY. The provisions of this act are hereby declared 36 to be severable and if any provision of this act or the application of such 37 provision to any person or circumstance is declared invalid for any reason, 38 such declaration shall not affect the validity of the remaining portions of 39 this act. 40 SECTION 5. An emergency existing therefor, which emergency is hereby 41 declared to exist, this act shall be in full force and effect on and after its 42 passage and approval.
STATEMENT OF PURPOSE
RS08629
This bill allows school board members, city elected officials and
county elected officials to place the question on the ballot
regarding whether to remove term limits for those positions,by a
vote of the people.
FISCAL NOTE
There could be a small additional cost for ballots if the term
limits questions adds an additional page to the ballot.
CONTACT: Representative Alltus
Representative Stoicheff
(208)332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 77