1999 Legislation
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HOUSE BILL NO. 289 – Candidates, vacancy, filled, time

HOUSE BILL NO. 289

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Daily Data Tracking History



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

Bill Text


H0289


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

                             IN 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  than    thirty    forty-five  ( 30
33     45 ) 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 / Fiscal Impact


                        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