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S1371..........................................................by EDUCATION
SCHOOL ELECTIONS - Amends existing law relating to the conduct of school
elections to require that application for and delivery of absentee ballots
be made during regular business hours.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to St Aff
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
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
NAYS--None
Absent and excused--Crow
Floor Sponsor - Keough
Title apvd - to House
02/22 House intro - 1st rdg - to St Aff
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones(Jones), Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Ringo, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Bell, Geddes, Reynolds, Taylor, Mr Speaker
Floor Sponsor - McKague
Title apvd - to Senate
03/31 To enrol
04/03 Rpt enrol - Pres signed - Sp signed
04/04 To Governor
04/05 Governor signed
Session Law Chapter 205
Effective: 07/01/00
S1371
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1371
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL ELECTIONS; AMENDING SECTION 33-406, IDAHO CODE, TO GOVERN
3 THE TIME FOR APPLICATION FOR ABSENTEE BALLOTS AND TO MAKE A TECHNICAL COR-
4 RECTION.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 33-406, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-406. ABSENTEE VOTING. For the purposes of this section the term clerk
9 shall mean the clerk of the board of county commissioners whenever an election
10 involves changing the boundaries of school districts, or the creation of new
11 school districts by consolidation of districts or division of a district. In
12 all other school elections the term "clerk" shall mean the clerk of the board
13 of trustees of the school district.
14 In any school election, a qualified school elector who expects to be
15 absent from the district on the day of the election, or who will be unable,
16 because of physical disability or blindness, to go to the polling place, may
17 vote in such election in the manner herein provided.
18 Any such elector may make written application to the clerk for a ballot or
19 ballots of the kind or kinds to be voted on at such election, which applica-
20 tion shall contain the name of the elector, the trustee zone of the district
21 in which he resides, and his present address. The application for an absent
22 elector's ballot shall be filed with the clerk not later than one (1) hour
23 prior to the opening of the polls 5:00 p.m. of the day before the election.
24 The clerk receiving such application shall, not more than twenty-eight
25 (28) days prior to the day of the election, deliver to said applicant elector
26 personally or by mail to the mailing address given in the application, postage
27 prepaid, a ballot or ballots, one (1) of each kind thereof, to be voted on in
28 the election, and a form of oath of qualification.
29 The elector shall vote in secret and shall enclose his ballot or ballots
30 in an envelope to be supplied by the clerk and seal the same. The elector
31 shall then place the secrecy envelope in a return envelope, together with the
32 form of oath of qualification executed by him, and address and mail, or
33 deliver, the same to the clerk. The absentee ballot must be received by the
34 clerk, not later than 8:00 p.m. on the day of the election, before such ballot
35 may be counted.
36 Any elector physically unable to mark his own ballot may receive assis-
37 tance in marking his ballot from the officer delivering same or an available
38 person of his own choosing. In the event the officer is requested to render
39 assistance in marking an absent elector's ballot, the officer shall ascertain
40 the desires of the elector and shall vote the applicant's ballot accordingly.
41 No election officer or any other person assisting a disabled voter shall
42 attempt to influence the vote of such elector in any manner.
43 The written applications shall be kept by the clerk as a part of the
2
1 records of the election and he shall, on the day of the election and before
2 the polling places are closed, deliver to the proper board of election all
3 such envelopes together with a list, compiled and signed by him, of the elec-
4 tors making application to vote in absentia.
5 The board of election shall verify all return envelopes delivered to it by
6 the clerk against the names appearing on the said list, open the return enve-
7 lopes and examine the elector's oath. If these are found to be in order, the
8 ballots shall remain in the secrecy envelopes and be placed in the ballot box
9 in the same manner as though the elector were personally present and voting;
10 and the voter's name shall thereupon be subscribed in any polling book or
11 other record kept at such election.
STATEMENT OF PURPOSE
RS 097000C1
The purpose of this legislation is to re-set the deadline for filing absentee ballots
to the clerk in a school election to 5 p.m. the day before the election instead of 1
hour prior to the opening of the poll.
FISCAL NOTE
This proposal would not affect the state's general fund. It is projected that savings
in staff costs would result for the school district's budget. This will vary by
district.
Contact: Senator Shawn Keough - 332-1340
Marvene Shaw, Clerk, Lake Pend Oreille School District - 208-263-2184
STATEMENT OF PURPOSE/FISCAL NOTE S 1371