Print Friendly HOUSE BILL NO. 633 – Term limits, write-in candidate
HOUSE BILL NO. 633
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H0633......................................................by STATE AFFAIRS
TERM LIMITS - Amends existing law to provide that nothing in the term
limits law shall be construed as prohibiting any person from standing or
campaigning for any elective office by means of a write-in campaign for the
primary election pursuant to statute; and to provide that if a person is
nominated by means of a write-in campaign, they may appear on the general
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to St Aff
02/29 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 64-0-6
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,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer(Tiegs),
Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Stone, Taylor,
Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Gould, Hadley, Jones, Judd, Smith, Mr Speaker
Floor Sponsor - Stone
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 633
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS; AMENDING
3 SECTION 34-907, IDAHO CODE, TO PROVIDE THAT NOTHING IN THE TERM LIMITS LAW
4 SHALL BE CONSTRUED AS PROHIBITING ANY PERSON FROM STANDING OR CAMPAIGNING
5 FOR ANY ELECTIVE OFFICE BY MEANS OF A WRITE-IN CAMPAIGN PURSUANT TO STAT-
6 UTE AND IF A PERSON IS NOMINATED BY MEANS OF A WRITE-IN CAMPAIGN THEY MAY
7 APPEAR ON THE GENERAL ELECTION BALLOT AND TO MAKE TECHNICAL CORRECTIONS;
8 AND DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 34-907, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 34-907. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per-
13 son shall not be eligible to have his or her name placed upon the primary or
14 general election ballot for a county, state or federal office which they have
15 previously held if they have served, will serve or but for resignation would
16 have served, in that same office by the end of the current term of office for
17 a length of time as follows:
18 (a .) As a member of the U.S. House of Representatives representing any
19 district within the state, during six (6) or more of the previous eleven
20 (11) years.
21 (b .) As a member of the U.S. Senate, during twelve (12) or more of the
22 previous twenty-three (23) years.
23 (c .) As a state elected official, during eight (8) or more of the previ-
24 ous fifteen (15) years.
25 (d .) As a state legislator, representing any district within the state,
26 including all House seats within the same district, during eight (8) or
27 more of the previous fifteen (15) years.
28 (e .) As a county commissioner, representing any district within the
29 county, during six (6) or more of the previous eleven (11) years.
30 (f .) As any other county elected official, during eight (8) or more of
31 the previous fifteen (15) years.
32 (2) Nothing in this section shall be construed as prohibiting any quali-
33 fied voter of this state from casting a ballot in a general election for any
34 person by writing the name of that person on any ballot, or as prohibiting
35 such a properly marked general election ballot from being counted or tabu-
36 lated, nor shall any provision of this section be construed as preventing or
37 prohibiting any person from standing or campaigning for any elective office by
38 means of a "write-in" campaign, in a general election pursuant to the provi-
39 sions of section 34-702 and 34-702A, Idaho Code. Notwithstanding subsection
40 (1) of this section, a person who is nominated by means of a "write-in" cam-
41 paign may appear on the general election ballot.
42 SECTION 2. An emergency existing therefor, which emergency is hereby
1 declared to exist, this act shall be in full force and effect on and after its
2 passage and approval.
STATEMENT OF PURPOSE
The purpose of this legislation is to clarify the procedure concerning a write-in
candidacy and term limits. Currently Section 34-907, Idaho Code, conflicts with
the provisions of Section 34-702, Idaho Code. This legislation would make it
clear that a candidate nominated by a "write-in" campaign can have his/her name
placed on the general election ballot.
CONTACT: Ben Ysursa, Chief Deputy, Secretary of State
STATEMENT OF PURPOSE/ FISCAL NOTE H 633