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S1116aaH...................................................by STATE AFFAIRS PRESIDENTIAL PREFERENCE PRIMARY ELECTION - Amends and adds to existing law to provide that the presidential preference primary election shall be held on the first Friday after the first Monday in March in each presidential election year; and to provide for an effective date upon certain events occurring. 02/08 Senate intro - 1st rdg - to printing 02/09 Rpt prt - to St Aff 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/05 3rd rdg - PASSED - 28-5-2 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Darrington, Davis, Deide, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King, Lee, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Twiggs, Wheeler NAYS--Danielson, Dunklin, McLaughlin, Stennett, Whitworth Absent and excused--Parry, Thorne Floor Sponsor - Riggs Title apvd - to House 03/08 House intro - 1st rdg - to St Aff 03/10 Rpt out - to Gen Ord Rpt out amen - to 1st rdg as amen 03/11 1st rdg - to 2nd rdg as amen 03/12 2nd rdg - to 3rd rdg as amen Rules susp - FAILED - 27-29-14 AYES -- Alltus, Black, Bruneel, Callister, Deal, Ellsworth, Field(13), Gagner, Hadley, Hansen(23), Henbest, Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Mader, Montgomery, Mortensen, Pomeroy, Ringo, Stone, Tippets, Williams, Zimmermann, Mr Speaker NAYS -- Barraclough(Barraclough), Bell, Bieter, Chase, Cuddy, Denney, Field(20), Geddes, Hammond, Hornbeck, Kellogg, Lake, Limbaugh, Linford, Marley, McKague, Moyle, Pischner, Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Smith, Stevenson, Stoicheff, Watson, Wheeler Absent and excused -- Barrett, Boe, Campbell, Clark, Crow, Gould, Hansen(29), Loertscher, Meyer, Smylie, Taylor, Tilman, Trail, Wood Floor Sponsor - Deal Filed with Secretary of the Senate
S1116|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1116 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO A PRESIDENTIAL PREFERENCE PRIMARY ELECTION; AMENDING SECTION 3 34-102, IDAHO CODE, TO PROVIDE THAT THE PRESIDENTIAL PREFERENCE PRIMARY 4 ELECTION SHALL BE HELD ON THE FIRST FRIDAY AFTER THE FIRST MONDAY IN MARCH 5 IN EACH PRESIDENTIAL ELECTION YEAR; AMENDING SECTION 34-106, IDAHO CODE, 6 TO PROVIDE THAT THE PRESIDENTIAL PREFERENCE PRIMARY ELECTION SHALL BE HELD 7 ON THE FIRST FRIDAY AFTER THE FIRST MONDAY IN PRESIDENTIAL ELECTION YEARS, 8 TO CLARIFY WHEN ELECTED CANDIDATES TAKE OFFICE AND TO MAKE TECHNICAL COR- 9 RECTIONS; AMENDING SECTION 34-601, IDAHO CODE, TO REVISE WHEN THE PRESI- 10 DENTIAL PRIMARY ELECTION SHALL BE HELD; AMENDING SECTION 34-713, IDAHO 11 CODE, TO REVISE PROCEDURES FOR THE PREPARATION OF PRIMARY BALLOTS; AMEND- 12 ING SECTION 34-731, IDAHO CODE, TO CHANGE THE DATE WHEN THE PRESIDENTIAL 13 PREFERENCE VOTE OCCURS AND TO LIMIT POLITICAL PARTIES WHO MAY PARTICIPATE 14 IN A PRESIDENTIAL PREFERENCE PRIMARY; AMENDING CHAPTER 7, TITLE 34, IDAHO 15 CODE, BY THE ADDITION OF A NEW SECTION 34-731A, IDAHO CODE, TO PROVIDE 16 WHEN POLITICAL PARTY CAUCUSES ARE HELD FOR SELECTION OF DELEGATES TO 17 NATIONAL CONVENTIONS IN PRESIDENTIAL ELECTION YEARS; AMENDING SECTION 18 34-739, IDAHO CODE, TO PROVIDE FOR COSTS OF THE PRESIDENTIAL PREFERENCE 19 PRIMARY ELECTION; AMENDING SECTION 34-902, IDAHO CODE, TO PROVIDE PROCE- 20 DURES FOR THE COUNTY COMMISSIONERS TO PROVIDE SUFFICIENT BALLOTS AND BAL- 21 LOT BOXES FOR THE PRESIDENTIAL PREFERENCE PRIMARY; AMENDING CHAPTER 7, 22 TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-741, IDAHO CODE, 23 TO PROVIDE DUTIES TO THE SECRETARY OF STATE REGARDING THE PRESIDENTIAL 24 PREFERENCE PRIMARY; AND TO PROVIDE AN EFFECTIVE DATE UPON CERTAIN CONTIN- 25 GENCIES. 26 Be It Enacted by the Legislature of the State of Idaho: 27 SECTION 1. That Section 34-102, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 34-102. "PRIMARY ELECTION" DEFINED -- PURPOSES. "Primary election" means 30 an election held for the purpose of nominating persons as candidates of polit- 31 ical parties for election to offices, and for the purpose of electing persons 32 as members of the controlling committees of political parties. Primary elec- 33 tions shall be held on the fourth Tuesday of May in each even-numbered year. 34 "Presidential primary" or "presidential preference primary" means an elec- 35 tion held for the purpose of allowing voters to express their choice for can- 36 didates for nominations for president of the United States. Presidential pri- 37 mary elections shall be heldin conjunction with the primary election,38on the fourth Tuesday of Mayon the first Friday after the first 39 Monday in March in each presidential election year. 40 SECTION 2. That Section 34-106, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith- 2 standing any other provisions of the law to the contrary, there shall be no 3 more than four (4) elections conducted in any county in any calendar year, 4 except as provided in this section, and except that elections to fill vacan- 5 cies in the United States house of representatives shall be held as provided 6 in the governor's proclamation and the presidential preference primary 7 election shall be held on the first Friday after the first Monday in March in 8 presidential election years . 9 (1) The dates on which elections may be conducted are: 10 (a)tT he first Tuesday in February of each 11 year; and 12 (b)tT he fourth Tuesday in May of each year; 13 and 14 (c)tT he first Tuesday in August of each year; 15 and 16 (d)tT he Tuesday following the first Monday in 17 November of each year. 18 (e) In addition to the elections specified in paragraphs (a) through (d) 19 of this subsection, an emergency election may be called upon motion of the 20 governing board of a political subdivision. An emergency exists when there 21 is a great public calamity, such as an extraordinary fire, 22 flood, storm, epidemic, or other disaster, or if it is necessary to do 23 emergency work to prepare for a national or local defense, or it is neces- 24 sary to do emergency work to safeguard life, health or property. Such a 25 special election, if conducted by the county clerk, shall be conducted at 26 the expense of the political subdivision submitting the question. 27 (2) Candidates for office elected in February, May or August shall take 28 office on the date specified in the certificate of election but not more than 29 sixty (60) days following the election. 30 (3) Candidates for office elected in November , unless otherwise 31 provided by law, shall take officeas provided in the constitu-32tion, or on January 1on the first Monday of January , next 33 succeeding the November election. 34 (4) The governing board of each political subdivision subject to the pro- 35 visions of this section, which, prior to January 1, 1994, conducted an elec- 36 tion for members of that governing board on a date other than a date permitted 37 in subsection (1) of this section, shall establish as the election date for 38 that political subdivision the date authorized in subsection (1) of this sec- 39 tion which falls nearest the date on which elections were previously con- 40 ducted, unless another date is established by law. 41 (5) The secretary of state is authorized to provide such assistance as 42 necessary, and to prescribe any needed rules, regulationsor 43 interpretations for the conduct of election authorized under the provisions of 44 this section. 45 (6) School districts governed by title 33, Idaho Code, and water dis- 46 tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi- 47 sions of this section. 48 (7) Initiative, referendum and recall elections conducted by any politi- 49 cal subdivision shall be held on the nearest date authorized in subsection (1) 50 of this section which falls more than forty-five (45) days after the clerk of 51 the political subdivision orders that such initiative, referendum or recall 52 election shall be held. 53 SECTION 3. That Section 34-601, Idaho Code, be, and the same is hereby 54 amended to read as follows: 3 1 34-601. DATES ON WHICH ELECTIONS SHALL BE HELD. Elections shall be held 2 in this state on the following dates or times: 3 (1) A primary election shall be held on the fourth Tuesday in May,419802000 , and every two (2) years thereafter on the 5 above-mentioned Tuesday. 6 (2) A general election shall be held on the first Tuesday after the first 7 Monday of November, 1972, and every two (2) years thereafter on the above-men- 8 tioned Tuesday. 9 (3) Special state elections shall be held on the dates ordered by the 10 governor's proclamation, or as otherwise provided by law. 11 (4) A presidential primary shall be heldin conjunction with the12primary election,on thefourth Tuesday in May, 198013 first Friday after the first Monday of March, 2000 , and every four (4) 14 years thereafter on the above-mentionedTuesdayFriday 15 . 16 SECTION 4. That Section 34-713, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 34-713. PREPARATION OF PRIMARY BALLOTS. Upon receipt of the sample ballot 19 and instructions from the secretary of state, each county clerk shall print 20 and prepare the official primary ballots for the forthcoming election. The 21 printing of the ballots shall be a county expense and paid out of the county 22 treasury except presidential preference primary ballots which shall be paid 23 for as provided in section 34-739, Idaho Code. 24 Each county clerk shall cause to be publishedon the earliest date25possible in Maya sample ballot which shall include the 26 names of all the political party candidates who shall appear on the primary 27 ballot .and the names of all political party candidates who28shall appear on the presidential preference primary ballot.The names 29 shall be listed alphabetically under each particular office title. 30 Each county clerk shall cause to be published a sample ballot which 31 shall include the names of all political party candidates who shall appear on 32 the presidential preference primary ballot. The sample ballot publication 33 shall be published with the second notice of election as provided in section 34 34-602, Idaho Code. 35 SECTION 5. That Section 34-731, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 34-731. PRESIDENTIAL PREFERENCE VOTE. In years in which a president of 38 the United States is to be nominated and elected, a presidential preference 39 primary shall be held at which voters shall express their choice for candi- 40 dates for nominations for president. The presidential preference primary 41 shall be heldin conjunction with the primary election, on the fourth42Tuesday in Mayon the first Friday after the first Monday in 43 March of each presidential year. The presidential preference pri- 44 mary is limited to those political parties whose primary ballots were printed 45 at the primary election immediately preceding the presidential election year. 46 47 SECTION 6. That Chapter 7, Title 34, Idaho Code, be, and the same is 48 hereby amended by the addition thereto of a NEW SECTION , to be 49 known and designated as Section 34-731A, Idaho Code, and to read as follows: 4 1 34-731A. WHEN POLITICAL PARTY CAUCUSES HELD. If the national or state 2 party rules of a political party, which is eligible to participate in a presi- 3 dential primary, require or provide for a delegate selection process other 4 than an election, such party shall conduct a caucus on the first Friday after 5 the first Monday in March. The chairman of the political parties eligible to 6 participate in the presidential preference primary shall notify the secretary 7 of state on or before January 1 of the presidential year indicating whether 8 the chairman's party will participate in the presidential primary election or 9 conduct a caucus. 10 SECTION 7. That Section 34-739, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 34-739. COSTS OF PRESIDENTIAL PREFERENCE PRIMARYNOTICE AND BALLOTS13ELECTION . Whenever a presidential preference primary elec- 14 tion is held as provided by this act, the state of Idaho shall assume all 15 costs ofpublication of legal notice and ballot preparation for the16presidential preference primaryholding such election . The 17 county clerk shall determine thelegal notice and ballot preparation18election costs and shall file a certified claim therefor 19 which shall be examined, allowed and paid as other claims against the state 20 are paid. 21 SECTION 8. That Section 34-902, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 34-902. COUNTY COMMISSIONERS TO PROVIDE SUFFICIENT BALLOTS AND BALLOT 24 BOXES FOR EACH POLLING PLACE AT ALL ELECTIONS. (1) At its regular 25 meeting in March, the board of county commissioners shall authorize that a 26 suitable number of ballots be printed for each polling place. The county clerk 27 shall cause such ballots to be printed upon receiving final instructions from 28 the secretary of state, and the cost shall be paid from the county treasury. 29 The board of county commissioners shall authorize the printing of ballots in 30 the same manner for special elections when such special election is ordered by 31 the governor or provided by law. 32 The board of county commissioners shall also provide a suitable number of 33 ballot boxes for each polling place within the county, and shall have complete 34 authority to determine the specifications for such ballot boxes. 35 (2) At its regular meeting in January, the board of county commis- 36 sioners shall authorize that a suitable number of presidential primary ballots 37 be printed for each polling place. The county clerk shall cause such ballots 38 to be printed upon receiving final instructions from the secretary of state. 39 The board of county commissioners shall authorize the printing of ballots in 40 the same manner for special elections when such special election is ordered by 41 the governor or provided by law. 42 The board of county commissioners shall also provide a suitable number of 43 ballot boxes for each polling place for the presidential preference primary 44 within the county, and shall have complete authority to determine the specifi- 45 cations for such ballot boxes. 46 SECTION 9. That Chapter 7, Title 34, Idaho Code, be, and the same is 47 hereby amended by the addition thereto of a NEW SECTION , to be 48 known and designated as Section 34-741, Idaho Code, and to read as follows: 49 34-741. DUTIES OF SECRETARY OF STATE. The secretary of state may, by 5 1 directive and in cooperation with the county clerks, implement cost-saving 2 measures concerning the conduct of the presidential preference primary includ- 3 ing, but not limited to: combining election precincts, conducting the election 4 by mail and randomly selecting candidate position instead of rotating names. 5 Such measures shall be in effect for the presidential preference primary only. 6 SECTION 10. This act shall be in full force and effect on and after the 7 date four (4) of the following states have enacted legislation providing for a 8 presidential preference primary on the same date as provided in this act: 9 Nevada, Montana, Colorado, Utah, Wyoming, New Mexico and Arizona. The gover- 10 nor, upon determination that such events have occurred, shall make a proclama- 11 tion declaring those events to have occurred, the dates of their occurrence, 12 and shall file the same with the secretary of state.
STATEMENT OE PURPOSE RS08662C2 AN EARLY CONSOLIDATED WESTERN PRESIDENTIAL PRIMARY WOULD CREATE A BLOCK OF DELEGATES GREATER THAN THE STATE OF CALIFORNIA. OCCURRING THREE DAYS AFTER THE CALIFORNIA PRIMARY AND FOUR DAYS BEFORE SUPER TUESDAY WOULD INSURE PRESIDENTIAL CANDIDATES WOULD PAY ATTENTION TO IDAHO. MAJOR BENEFITS OF CREATING A WESTERN PRESIDENTIAL PRIMARY WITH UTAH, MONTANA, NEVADA, WYOMING, COLORADO, ARIZONA AND NEW MEXICO ARE: I. Voter turnout benefits . voter turnout will likely increase . votes will actually be relevant in the nomination process . increased media focus on WESTERN issues . sense of being part of larger regional voice . greater familiarity with candidates' positions on WESTERN issues . Super Tuesday, in 1988, doubled turnout in Texas. II. Economic beneœits Candidates and staff will spend more time in the intermountain WEST regional and national media will spend more time in the intermountain WEST this will translate into significant car rental, hotel, restaurant and television advertising revenues. Candidates spent $100 million in Iowa & New Hampshire 1996 III. Political benetits Candidates and their staff will become more familiar with WESTERN issues and citizens WESTERN ISSUES will get more favorable treatment in future administrations WESTERNERS will get more favorable consideration for positions within a new administration WESTERN candidates for the presidential nomination would have a better chance of national recognition the voice of the intermountain WEST would be heard in the process FISCAL NOTE REVISED 02/24/99 Estimated State costs every four years: If both parties utilize a caucus format - NO IMPACT If the Secretary of State employs an aggressive cost savings approach- $250-300,000 If consolidated polling places are utilized - $400-500,000 Although there may initially be an apparent fiscal impact, the overall positive economic impact in our State would more than compensate for it. CONTACT: SENATOR JACK RIGGS 332-1341 SECRETARY OF STATE PETE CENARRUSA 334-2300 CHIEF DEPUTY BEN YSURSA 334-2300 SENATOR EVAN FRASURE 332-1315 REPRESENTATIVE BILL DEAL 332-1231 STATEMENT OF PURPOSE/FISCAL NOTE BILL S1116 REVISED REVISED REVISED REVISED