Print Friendly HOUSE BILL NO. 600 – Term limits, cnty/city/school
HOUSE BILL NO. 600
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H0600...................................................by LOCAL GOVERNMENT
TERM LIMITS - Amends existing law to provide that a board of county
commissioners may, by resolution, submit the question of retaining term
limitations for county elected offices, school district trustees and city
elected offices in that county at the general election in 2000; and to
provide that a person ineligible to have his name placed on the ballot for
the office of county commissioner at the general election in 2000 because
of term limits shall be eligible to have his name placed on the ballot at
the general election in 2000, notwithstanding term limitations.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 600
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO TERM LIMITATIONS; AMENDING SECTION 34-907, IDAHO CODE, TO DELETE
3 TERM LIMITS FOR MEMBERS OF THE UNITED STATES SENATE AND HOUSE OF REPRESEN-
4 TATIVES, TO PROVIDE THAT A BOARD OF COUNTY COMMISSIONERS MAY BY RESOLUTION
5 SUBMIT THE QUESTION OF RETAINING TERM LIMITATIONS FOR COUNTY ELECTED OFFI-
6 CES, SCHOOL DISTRICT TRUSTEES AND CITY ELECTED OFFICES IN THAT COUNTY AT
7 THE GENERAL ELECTION IN 2000, TO PROVIDE THE FORM OF THE QUESTION, TO PRO-
8 VIDE THAT A PERSON INELIGIBLE TO HAVE HIS NAME PLACED ON THE BALLOT FOR
9 THE OFFICE OF COUNTY COMMISSIONER AT THE GENERAL ELECTION IN 2000 BECAUSE
10 OF TERM LIMITS SHALL BE ELIGIBLE TO HAVE HIS NAME PLACED ON THE BALLOT AT
11 THE GENERAL ELECTION IN 2000 NOTWITHSTANDING TERM LIMITATIONS AND TO MAKE
12 TECHNICAL CORRECTIONS; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 34-907, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 34-907. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per-
17 son shall not be eligible to have his or her name placed upon the primary or
18 general election ballot for a county , or state or federal office which they
19 have previously held if they have served, will serve or but for resignation
20 would have served, in that same office by the end of the current term of
21 office for a length of time as follows:
22 (a .) As a member of the U.S. House of Representatives representing any
23 district within the state, during six (6) or more of the previous eleven
24 (11) years.
25 b. As a member of the U.S. Senate, during twelve (12) or more of the pre-
26 vious twenty-three (23) years.
27 c. As a state elected official, during eight (8) or more of the previous
28 fifteen (15) years.
29 d.(b) As a state legislator, representing any district within the state,
30 including all Hhouse seats within the same district, during eight (8) or
31 more of the previous fifteen (15) years.
32 e.(c) As a county commissioner, representing any district within the
33 county, during six (6) or more of the previous eleven (11) years, except
34 as provided in subsection (4) of this section.
35 f.(d) As any other county elected official, during eight (8) or more of
36 the previous fifteen (15) years.
37 (2) Nothing in this section shall be construed as prohibiting any quali-
38 fied voter of this state from casting a ballot in a general election for any
39 person by writing the name of that person on any ballot, or as prohibiting
40 such a properly marked general election ballot from being counted or tabu-
41 lated, nor shall any provision of this section be construed as preventing or
42 prohibiting any person from standing or campaigning for any elective office by
43 means of a "write-in" campaign in a general election.
1 (3) (a) A board of county commissioners may, by resolution adopted not
2 later than September 1, 2000, submit to the electors of the county at the
3 general election to be held in November 2000, the question of whether lim-
4 itations on the number of terms which a person may serve as a county
5 elected official, school district trustee or city elected official should
6 be retained in that county.
7 (b) The form of the question to be submitted upon a petition of qualified
8 electors or by resolution of the board of county commissioners shall be as
10 Vote for one:
11 In favor of retaining term limits for county elected offices, school dis-
12 trict trustees and city elected offices in the county of (name of county).
13 In favor of eliminating term limits for county elected offices, school
14 district trustees and city elected offices in the county of (name of
16 If a majority of the votes cast are in favor of eliminating term limits,
17 the term limits provided in section 33-443, Idaho Code, subsections (1)(c) and
18 (d) of this section, and section 50-478, Idaho Code, shall not apply in the
19 identified county from and after the date the election results are certified.
20 If a school district is located in more than one (1) county, the decision of
21 the county electors in the county in which the largest portion of the school
22 district is located shall prevail with respect to the application of term lim-
23 its to school district trustees of that district.
24 (4) Any person who would be ineligible to have his name placed on the
25 ballot as a candidate for county commissioner at the general election in 2000,
26 pursuant to the provisions of subsection (1)(c) of this section, shall be eli-
27 gible to have his name placed on the ballot as a candidate for county commis-
28 sioner at that election, notwithstanding the provisions of subsection (1)(c)
29 of this section; provided however, that unless term limitations for the office
30 of county commissioner for that county are eliminated as provided in subsec-
31 tion (3) of this section any person elected under the provisions of this sub-
32 section shall be ineligible to run for reelection as county commissioner as
33 provided in subsection (1)(c) of this section.
34 SECTION 2. SEVERABILITY. The provisions of this act are hereby declared
35 to be severable and if any provision of this act or the application of such
36 provision to any person or circumstance is declared invalid for any reason,
37 such declaration shall not affect the validity of the remaining portions of
38 this act.
39 SECTION 3. An emergency existing therefor, which emergency is hereby
40 declared to exist, this act shall be in full force and effect on and after its
41 passage and approval.
STATEMENT OF PURPOSE
The purpose of this legislation is to allow for county option to decide term limits
on their county's school boards, city offices and county offices. All of the offices
indicated within a county would be either totally term limited or totally not term
The fiscal impact should be negligible.
CONTACT: Rep. Jerry Stoicheff
STATEMENT OF PURPOSE/ FISCAL NOTE H 600