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H0289......................................................by STATE AFFAIRS
CANDIDATES - VACANCY - Amends existing law to provide the time within which
a county, legislative district or state central committee shall fill a
vacancy in the slate of candidates; to provide that the filing officer
shall notify the proper central committee upon the filing of a statement of
withdrawal; and to prohibit withdrawal later than forty-five days before an
election or, if a general election, later than September 7.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to St Aff
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 51-6-13
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Callister, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Geddes, Hadley, Hammond, Hansen(23), Henbest,
Hornbeck, Jaquet, Jones, Judd, Kempton, Kendell, Lake, Limbaugh,
Loertscher, Mader, Marley, McKague, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer,
Sellman, Smith, Stevenson, Taylor(Taylor), Tilman, Watson, Zimmermann
NAYS -- Gagner, Kunz, Smylie, Tippets, Wheeler, Williams
Absent and excused -- Boe, Campbell, Gould, Hansen(29), Kellogg,
Linford, Meyer, Sali, Stoicheff, Stone, Trail, Wood, Mr Speaker
Floor Sponsor - Alltus
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to St Aff
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 28-0-7
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Whitworth
NAYS--None
Absent and excused--Branch, Crow, Frasure, Parry, Stennett, Twiggs,
Wheeler
Floor Sponsor - Richardson
Title apvd - to House
03/17 To enrol
03/18 Rpt enrol - Sp signed - Pres signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 222
Effective: 07/01/99
H0289|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 289 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 34-714, IDAHO CODE, TO PROVIDE THE 3 TIME WITHIN WHICH A COUNTY, LEGISLATIVE DISTRICT OR STATE CENTRAL COMMIT- 4 TEE SHALL FILL A VACANCY IN THE SLATE OF CANDIDATES OCCURRING MORE THAN 5 TEN DAYS BEFORE THE PRIMARY ELECTION; AMENDING SECTION 34-715, IDAHO 6 CODE, TO PROVIDE THE TIME WITHIN WHICH A COUNTY, LEGISLATIVE DISTRICT OR 7 STATE CENTRAL COMMITTEE SHALL FILL A VACANCY IN THE SLATE OF CANDIDATES 8 OCCURRING LESS THAN TEN DAYS BEFORE THE PRIMARY ELECTION OR AFTER THE PRI- 9 MARY ELECTION; AND AMENDING SECTION 34-717, IDAHO CODE, TO PROVIDE THAT 10 THE FILING OFFICER SHALL NOTIFY THE PROPER CENTRAL COMMITTEE UPON THE FIL- 11 ING OF A STATEMENT OF WITHDRAWAL, TO PROHIBIT WITHDRAWAL LATER THAN FORTY- 12 FIVE DAYS BEFORE AN ELECTION OR, IF A GENERAL ELECTION, LATER THAN SEPTEM- 13 BER 7. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 34-714, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 34-714. FILLING VACANCIES IN SLATE OF POLITICAL PARTY CANDIDATES OCCUR- 18 RING PRIOR TO PRIMARY ELECTION. (1) Vacancies that occur before the primary 19 election in the slate of candidates of any political party because of the 20 death, disqualification for any reason, or withdrawal from the nomination 21 process by the candidate, shall be filled in the following manner if only one 22 (1) candidate declared for that particular office: 23 (a) By the county central committee if the vacancy occurs for the office 24 of precinct committeeman or for a county office. 25 (b) By the legislative district central committee if the vacancy occurs 26 for the office of state representative or state senator. 27 (c) By the state central committee if the vacancy occurs for a federal or 28 state office. 29 The county and legislative district central committee shall fill the 30 vacancy within fifteen (15) days from the date the vacancy occurred. The 31 state central committee shall fill the vacancy within thirty (30) days from 32 the date the vacancy occurred. 33 Any political party candidate so appointed by the proper central committee 34 must, in order to have his name on the primary ballot, file a declaration of 35 candidacy and pay the required filing fee. 36 (2) No central committee shall fill any vacancy which occurs within ten 37 (10) days prior to the primary election. Vacancies which occur during this ten 38 (10) day period because of the death, disqualification for any reason, or 39 withdrawal from the nomination process by the candidate shall be filled 40 according to the provisions of section 34-715, Idaho Code. 41 (3) Vacancies that occur in a slate of candidates for precinct committee- 42 man within ten (10) days prior to the primary election shall not be filled. 2 1 SECTION 2. That Section 34-715, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 34-715. FILLING OF VACANCIES OCCURRING BEFORE OR AFTER PRIMARY ELECTION. 4 Vacancies that occur during the ten (10) day period before a primary election, 5 or after the primary election but at least ten (10) days before the general 6 election in the slate of candidates of any political party, except candidates 7 for precinct committeeman, shall be filled in the following manner: 8 (1) By the county central committee if it is a vacancy by a candidate for 9 a county office. 10 (2) By the legislative district central committee if it is a vacancy by a 11 candidate for the state legislature. 12 (3) By the state central committee if it is a vacancy by a candidate for 13 a federal or a state office. 14 The county and legislative district central committee shall fill the 15 vacancy within fifteen (15) days from the date the vacancy occurred. The 16 state central committee shall fill the vacancy within thirty (30) days from 17 the date the vacancy occurred. 18 Any political party candidate so appointed by the proper central committee 19 must, in order to have his name on the general ballot, file a declaration of 20 candidacy and pay the required filing fee. 21 Vacancies that occur in a slate of candidates for precinct committeeman 22 within ten (10) days prior to the primary election shall not be filled. 23 SECTION 3. That Section 34-717, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 34-717. WITHDRAWAL OF CANDIDACY. A candidate for nomination or candidate 26 for election to an office may withdraw from the election by filing a notarized 27 statement of withdrawal with the officer with whom his declaration of candi- 28 dacy was filed. The statement must contain all information necessary to iden- 29 tify the candidate and the office sought and the reason for withdrawal. 30 The filing officer shall immediately notify the proper central committee of 31 the party, if any, of the individual withdrawing. A candidate may not 32 withdraw later thanthirtyforty-five (303345 ) days before an election , except in the case of a 34 general election when the deadline shall be no later than September 7 . 35 Filing fees paid by the candidate shall not be refunded. 36 Any candidate who has filed a statement of withdrawal pursuant to this 37 section shall not be allowed to be appointed to fill a vacancy unless such 38 vacancy occurs because of the death of a previous candidate.
STATEMENT OF PURPOSE
RS 09025
The purpose of this bill set a deadline when candidates are
able to withdraw prior to a primary or general election as well
as when replacements are appointed. The death of a candidate
would be an exception to this.
Currently the county clerks receive a certification and
instructions from the Secretary of State regarding when they can
send ballots to print.
This would enable the county to send out an accurate ballot
for printing thereby reducing the confusion of voters. This
change would also help avoid unnecessary expenses associated
with correcting or reprinting ballots. This is a problem under
current law because candidates sometimes withdraw after the
ballots have been approved for printing. Then the ballots must
either be reprinted or corrected by hand.
FISCAL IMPACT
There is no fiscal impact on the State general Fund or any
political subdivision.
CONTACT: Idaho Association of Counties Phone: 345-9126
Dan Chadwick, Tony Poinelli, Paul Beddoe
STATEMENT OF PURPOSE/FISCAL NOTE Bill No H 289