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H0708......................................................by STATE AFFAIRS
TERM LIMITS - Amends existing law to provide that the term limits law shall
apply to county commissioners on and after March 24, 2002.
03/01 House intro - 1st rdg - to printing
03/02 Rpt prt - to St Aff
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 55-12-3
AYES -- Barraclough, Barrett, Bell, Bieter, Black, Bruneel,
Cheirrett, Clark, Crow, Deal, Denney, Field(13), Field(20), Gagner,
Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck,
Jaquet, Jones, Judd, Kempton, Kendell, Kunz, Lake, Loertscher,
McKague, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stone, Taylor, Tilman, Trail,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Alltus, Boe, Callister, Campbell, Chase, Ellsworth, Henbest,
Kellogg, Marley, Moyle, Sali, Stoicheff
Absent and excused -- Cuddy, Linford, Mader
Floor Sponsor - Stevenson
Title apvd - to Senate
03/17 Senate intro - 1st rdg - to St Aff
H0708
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 708
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LIMITATION OF BALLOT ACCESS FOR MULTITERM INCUMBENTS; AMENDING
3 SECTION 34-907, IDAHO CODE, TO PROVIDE THE LIMITATION FOR BALLOT ACCESS
4 FOR COUNTY COMMISSIONERS SHALL BE IN FULL FORCE AND EFFECT ON AND AFTER
5 MARCH 24, 2002, AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMER-
6 GENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 34-907, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 34-907. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM MULTITERM INCUMBENTS.
11 (1) A person shall not be eligible to have his or her name placed upon the
12 primary or general election ballot for a county, state or federal office which
13 they have previously held if they have served, will serve or but for resigna-
14 tion would have served, in that same office by the end of the current term of
15 office for a length of time as follows:
16 (a.) As a member of the U.S. House of Representatives representing any
17 district within the state, during six (6) or more of the previous eleven
18 (11) years.
19 (b.) As a member of the U.S. Senate, during twelve (12) or more of the
20 previous twenty-three (23) years.
21 (c.) As a state elected official, during eight (8) or more of the previ-
22 ous fifteen (15) years.
23 (d.) As a state legislator, representing any district within the state,
24 including all House seats within the same district, during eight (8) or
25 more of the previous fifteen (15) years.
26 (e.) As a county commissioner, representing any district within the
27 county, during six (6) or more of the previous eleven (11) years. The
28 limitation imposed by this subsection shall be in full force and effect on
29 and after March 24, 2002.
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.
39 SECTION 2. 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
RS10198
A lawsuit has been filed to challenge the constitutionality of the ballot access limitation passed in
1994 that enacted Section 34-907, Idaho Code. County commissioners in Idaho are the first to be
impacted by the limitation with approximately 55 out of 88 commissioners unable to access the
ballot.
In order to facilitate the judicial action and to preserve the rights of citizens of Idaho to vote for
all qualified candidates, this legislation will delay implementation of the limitation on county
commissioners until the year 2002.
FISCAL NOTE
There is no fiscal impact on any level of government in the state of Idaho.
CONTACT: Bert Stevenson (208) 332-1000
Dan Chadwick, Asso. of Cities, (208) 345-9126
STATEMENT OF PURPOSE/ FISCAL NOTE H 708