1999 Legislation
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SENATE BILL NO. 1116 – President Preference Primary electn

SENATE BILL NO. 1116

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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

Bill Text


S1116


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN 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 held  in conjunction with the primary election,
38    on the fourth Tuesday of May   on 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)   t  T he first  Tuesday  in  February  of  each
11        year; and
12        (b)    t    T he fourth Tuesday in May of each year;
13        and
14        (c)   t  T he first Tuesday in August of each  year;
15        and
16        (d)    t  T 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 office  as provided in  the  constitu-
32    tion, or on January 1   on 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  ,  regulations    or
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, 
 4    1980   2000 , 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 held  in  conjunction  with  the
12    primary election,  on the  fourth Tuesday in May, 1980  
13    first  Friday after the first Monday of March, 2000 , and every four (4)
14    years thereafter on the above-mentioned    Tuesday      Friday
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 published  on the  earliest  date
25    possible  in  May    a 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 who
28    shall  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  held  in  conjunction with  the primary election, on the fourth
42    Tuesday  in  May      on 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 PRIMARY  NOTICE AND BALLOTS
13      ELECTION . Whenever a presidential preference primary elec-
14    tion is held as provided by this act, the state  of  Idaho  shall  assume  all
15    costs  of    publication  of  legal notice and ballot preparation for the
16    presidential preference primary   holding such election . The
17    county clerk shall determine the  legal  notice  and  ballot  preparation
18        election  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 of Purpose / Fiscal Impact


                          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 beneĊ“its

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