2000 Legislation
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HOUSE BILL NO. 386 – Election, filing, certain districts


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H0386........................................................by MR. SPEAKER
                Requested by:  Office of Secretary of State
ELECTIONS - Amends existing law to revise timing requirements for the
filing of a declaration of intent for recreation districts and soil
conservation districts for election purposes.
01/17    House intro - 1st rdg - to printing
    Rpt prt - to St Aff
01/26    Rpt out - rec d/p - to 2nd rdg
01/27    2nd rdg - to 3rd rdg
01/31    3rd rdg - PASSED - 62-2-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Stevenson, Stoicheff, Stone, Tilman, Wheeler, Wood,
      NAYS -- Hornbeck, Smylie
      Absent and excused -- Gould, Pischner, Ridinger, Taylor, Trail, Mr
    Floor Sponsor - Callister
    Title apvd - to Senate
02/01    Senate intro - 1st rdg - to St Aff
02/03    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/08    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      Absent and excused--Branch
    Floor Sponsor - Richardson
    Title apvd - to House
02/09    To enrol
02/10    Rpt enrol - Sp signed
02/11    Pres signed
02/14    To Governor
02/18    Governor signed
         Session Law Chapter 4
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 386
                                       BY MR. SPEAKER
                         Requested by: Office of Secretary of State
  1                                        AN ACT
  6        EFFECTIVE DATE.
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION  1.  That  Section 31-4306, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
 10        31-4306.  ELECTION OF DIRECTORS. (1) An election  of  directors  shall  be
 11    held  in  each district on the Tuesday succeeding the first Monday of November
 12    of each even-numbered year. Such election shall be  held  in  conformity  with
 13    chapter 14, title 34, Idaho Code, and other applicable provisions of title 34,
 14    Idaho Code. Before the notice of election is given, the board shall divide the
 15    district  into  subdivisions  as  nearly equal in population as possible to be
 16    designated as director's subdistrict 1, 2 and 3, or director's subdistrict  1,
 17    2, 3, 4 and 5, depending upon the number of subdistricts in the district. Each
 18    nominating petition shall state the subdistrict for which the nominee is nomi-
 19    nated.
 20        (2)  In  any  election  for directors if, after the expiration of the date
 21    for filing written nominations for the office of  director,  it  appears  that
 22    only  one  (1)  qualified candidate has been nominated for each position to be
 23    filled and if no declaration of intent has been filed as provided  in  subsec-
 24    tion  (3)  of this section, it shall not be necessary to hold an election, and
 25    the board of directors, shall no later than seven (7) days before  the  sched-
 26    uled  date of the election declare such candidate elected as director, and the
 27    secretary of the recreation district board shall immediately make and  deliver
 28    to such person a certificate of election.
 29        (3)  No  write-in  vote  for recreation district director shall be counted
 30    unless a declaration of intent has  been  filed  indicating  that  the  person
 31    desires the office and is legally qualified to assume the duties of recreation
 32    district  director  if  elected. The declaration of intent shall be filed with
 33    the recreation district board secretary not later than eleven (11) twenty-five
 34    (25) days before the day of election.
 35        SECTION 2.  That Section 22-2721, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
 38    The  governing  body  of  the  district shall consist of five (5) supervisors,
 39    elected or appointed as provided in this chapter. Elections shall be conducted
 40    pursuant to the provisions of this section and the uniform  district  election
 41    law,  chapter  14,  title  34, Idaho Code. If at any time the supervisors of a
  1    district deem it necessary, they may request permission from  the  state  soil
  2    conservation  commission  to  increase the number of supervisors to seven (7).
  3    Upon receipt of such a request in writing, signed by all five (5) supervisors,
  4    stating a valid reason for such need, the commission shall  grant  permission.
  5    The additional supervisors shall then be appointed as outlined in subparagraph
  6    C.  of  this section until such time as regular district elections for two (2)
  7    supervisors in each district. At that time those districts  having  seven  (7)
  8    supervisors  shall  then  elect four  (4) supervisors for four (4) year terms.
  9    The two (2) supervisors appointed by the commission shall be persons  who  are
 10    by training and experience qualified to perform the specialized services which
 11    will  be  required of them in the performance of their duties. All supervisors
 12    shall be landowners or farmers of the  district  where  they  are  elected  or
 13    appointed.
 14        A.  Within thirty (30) days after the date of issuance by the secretary of
 15    state  of a certificate of organization of a soil conservation district, nomi-
 16    nating petitions may be filed with the state soil conservation  commission  to
 17    nominate  candidates  for  supervisors of each district. The soil conservation
 18    commission, unless it has contracted with the  county  clerk  to  conduct  the
 19    election,  shall  designate  an individual to act as the election official. If
 20    contracted to do so, the county clerk shall act as the election official.  The
 21    election  official  shall have authority to extend the time within which nomi-
 22    nating petitions may be filed. No such nominating petition shall  be  accepted
 23    by  the  election official unless it shall be subscribed by not less than five
 24    (5) persons who are qualified electors owning  land  or  residing  within  the
 25    boundaries  of the district. The election official shall give due notice of an
 26    election to be held, subject to the provisions of section 34-106, Idaho  Code,
 27    for  the  election of three (3) supervisors for the district. The names of all
 28    nominees on behalf of whom such nominating petitions have  been  filed  within
 29    the time herein designated, shall appear arranged in the alphabetical order of
 30    the  surnames,  upon ballots, with a square before each name and directions to
 31    insert a mark in the square before any three (3) names to indicate the voter's
 32    preference. The three (3) candidates who shall  receive  the  largest  number,
 33    respectively, of the votes cast in such election shall be the elected supervi-
 34    sors  for  such  district.  The  commission shall pay all the expenses of such
 35    election, which shall be supervised and conducted by the election official.
 36        B.  All elections in districts, excluding the first election  as  provided
 37    in  subparagraph A. of this section, shall be conducted by the district super-
 38    visors of the districts involved who shall designate an individual to  be  the
 39    election  official,  or  the county clerk if contracted for that purpose. Such
 40    election shall be held on the first Tuesday succeeding  the  first  Monday  of
 41    November  in  each  even-numbered  year. Such elections shall be in compliance
 42    with the provisions of chapter 14, title 34, Idaho Code, and shall  be  super-
 43    vised  and  conducted  by  the  election official. The cost of conducting such
 44    elections shall be borne by the district involved. The election official shall
 45    certify to the state soil conservation commission the  names  of  the  elected
 46    supervisors.  The  state soil conservation commission shall issue certificates
 47    of election to each elected supervisor so certified. The state soil  conserva-
 48    tion  commission may authorize each district to contract with the county clerk
 49    or county clerks of the county or counties in which the district is located to
 50    conduct the election for the soil conservation district. If a  district  elec-
 51    tion  is  conducted  by a county clerk, the county clerk must provide a ballot
 52    for the district election, and must provide a process that allows only  quali-
 53    fied electors of the district to vote in that district's election.
 54        In  any election for supervisor, if after the deadline for filing a decla-
 55    ration of intent as a write-in candidate, it appears that the number of quali-
  1    fied candidates who have been nominated is equal to the number of  supervisors
  2    to be elected, it shall not be necessary for the candidates to stand for elec-
  3    tion,  and  the  board of supervisors shall declare such candidates elected as
  4    supervisors, and the state soil conservation commission shall immediately make
  5    and deliver to such persons certificates of election.
  6        C.  In any election for supervisors of a soil  conservation  district,  if
  7    after  the  expiration  of  the date for filing written nominations it appears
  8    that only one (1) qualified candidate has been nominated for each position  to
  9    be  filled  and  no declaration of intent has  been filed by a write-in candi-
 10    date as provided in subparagraph D. of this section, it shall not be necessary
 11    to hold an election, and the election official shall, no later than seven  (7)
 12    days before the scheduled date of the election, declare such candidate elected
 13    as  supervisor,  and  the state soil conservation commission shall immediately
 14    make and deliver to such person a certificate of election.
 15        D.  No write-in vote for supervisor shall be counted unless a  declaration
 16    of intent has been filed with the election official indicating that the person
 17    making  the  declaration desires the office and is legally qualified to assume
 18    the duties of supervisor if elected as a write-in candidate.  The  declaration
 19    of  intent  shall  be  filed  not later than eleven (11) twenty-five (25) days
 20    before the day of election.
 21        E.  The supervisors shall designate a chairman and may, from time to time,
 22    change such designation. The term of office of each supervisor shall  be  four
 23    (4)  years  commencing  on  the  first day of January next following election,
 24    except that the two (2) supervisors who are first appointed  shall  be  desig-
 25    nated  to  serve  for  terms  of two (2) years. A supervisor shall hold office
 26    until a qualified successor has been elected or appointed. Vacancies shall  be
 27    filled  for  the  unexpired term. The selection of successors to fill an unex-
 28    pired term, or for a full term shall be made by a vote of the majority of  the
 29    supervisors  duly qualified and acting at the time the vacancy shall arise and
 30    the supervisors shall certify the name of  the  appointed  supervisor  to  the
 31    state  soil  conservation  commission  who  shall  issue a certificate of such
 32    appointment.
 33        F.  A majority of the supervisors shall constitute a quorum and  the  con-
 34    currence of a majority in any matter within their duties shall be required for
 35    its  determination.  A  supervisor  shall  be  entitled to expenses, including
 36    travel expense, necessarily incurred in the discharge of duties. A  supervisor
 37    shall receive no compensation for services from regular district funds, county
 38    funds  authorized in section 22-2726, Idaho Code, or state funds authorized in
 39    section 22-2727, Idaho Code.
 40        In the event the district has a special project,  approved  by  the  state
 41    soil  conservation  commission, making project funds available from federal or
 42    other sources, a supervisor may receive compensation not to exceed thirty-five
 43    dollars ($35.00) per day plus actual and necessary expenses from project funds
 44    for services directly related to the project.
 45        The supervisors may employ a secretary, technical experts, and such  other
 46    officers,  agents, and employees, permanent and temporary as they may require,
 47    and shall determine their qualifications, duties and compensation. The  super-
 48    visors may call upon the attorney general of the state for such legal services
 49    as  they  may  require  or  may  employ their own counsel and legal staff. The
 50    supervisors may delegate to their chairman, to one (1) or more supervisors, or
 51    to one (1) or more agents, or employees, such powers and duties  as  they  may
 52    deem proper. The supervisors shall furnish to the state soil conservation com-
 53    mission,  upon  request,  copies of such ordinances, rules, orders, contracts,
 54    forms and other documents as they shall adopt or employ, and such other infor-
 55    mation concerning their activities as it may require in the performance of its
  1    duties under this chapter.
  2        The supervisors shall provide for the execution of surety  bonds  for  all
  3    employees  and  officers  who  shall be entrusted with funds or property; they
  4    shall provide for the keeping of a full and accurate record of all proceedings
  5    and of all resolutions, and orders issued or adopted; and shall provide for an
  6    annual audit of the accounts of receipts and disbursements. Any supervisor may
  7    be removed by the state soil conservation commission upon notice and  hearing,
  8    for neglect of duty or malfeasance in office, but for no other reason.
  9        The  supervisors  may  invite  the  legislative  body of a municipality or
 10    county  located near the territory comprised within the district to  designate
 11    a representative to advise and consult with the supervisors of the district on
 12    all  questions of program and policy which may affect the property, water sup-
 13    ply, or other interests of such municipality or county.
 14        SECTION 3.  This act shall be in full force and effect on and  after  July
 15    1, 2000.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 09391

The purpose of this legislation is to change the candidate write-in
deadline from eleven days to twenty-five days in a soil
conservation district and recreation district.  This change brings
these two districts into conformance with the Uniform District
Election Laws, Section 34-1407, Idaho Code.

                         FISCAL NOTE  
There would be no fiscal impact.

CONTACT PERSON:     Ben Ysursa, Chief Deputy
                    Secretary of State