Print Friendly HOUSE BILL NO. 145 – City election/candidate/procedures
HOUSE BILL NO. 145
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H0145......................................................by STATE AFFAIRS
MUNICIPAL ELECTIONS - Amends, repeals and adds to existing law to bring the
election laws governing municipal elections into greater conformity with
the laws governing the state and county elections, particularly regarding
declaration of candidacy and petition of candidacy, declaration of intent
for write-in candidates and authority to hold no election when only one
candidate has filed.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 145
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MUNICIPAL ELECTION LAWS; REPEALING SECTIONS 50-426, 50-433, 50-434
3 AND 50-435, IDAHO CODE; AMENDING SECTION 50-402, IDAHO CODE, TO FURTHER
4 DEFINE A TERM; AMENDING SECTION 50-408, IDAHO CODE, TO PROVIDE FOR DESIG-
5 NATION OF POLLING PLACES; AMENDING SECTION 50-409, IDAHO CODE, TO GOVERN
6 APPOINTMENT AND COMPENSATION OF ELECTION JUDGES AND CLERKS; AMENDING SEC-
7 TION 50-427, IDAHO CODE, TO GOVERN THE METHOD OF CORRECTING THE ELECTION
8 REGISTER; AMENDING SECTION 50-428, IDAHO CODE, TO PROVIDE FOR MAINTENANCE
9 OF THE ELECTION RECORD AND POLL BOOK; AMENDING SECTION 50-430, IDAHO CODE,
10 TO PROVIDE FOR DECLARATION OF CANDIDACY; AMENDING SECTION 50-431, IDAHO
11 CODE, TO PROVIDE THE FORM FOR DECLARATION OF CANDIDACY; AMENDING SECTION
12 50-432, IDAHO CODE, TO PROVIDE THE METHOD OF FILING DECLARATION OF CANDI-
13 DACY AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 4, TITLE 50,
14 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-433, IDAHO CODE, TO
15 REQUIRE A DECLARATION OF INTENT FOR WRITE-IN CANDIDATES; AMENDING CHAPTER
16 4, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-434, IDAHO
17 CODE, TO PROVIDE THAT NO ELECTION IS REQUIRED UNDER CERTAIN CONDITIONS;
18 AMENDING SECTION 50-436, IDAHO CODE, TO GOVERN NOTICE OF ELECTIONS AND TO
19 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 50-439, IDAHO CODE, TO PRO-
20 VIDE PREPARATION AND CONTENTS OF THE BALLOT; AMENDING CHAPTER 4, TITLE 50,
21 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-439A, IDAHO CODE, TO GOV-
22 ERN THE ORDER OF CANDIDATE NAMES ON THE BALLOT; AMENDING SECTION 50-440,
23 IDAHO CODE, TO GOVERN THE PREPARATION OF SAMPLE BALLOTS; AMENDING SECTION
24 50-445, IDAHO CODE, TO PROVIDE FOR ISSUANCE OF ABSENTEE BALLOTS; AMENDING
25 SECTION 50-447, IDAHO CODE, TO GOVERN THE RETURN OF ABSENTEE BALLOTS AND
26 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-448, IDAHO CODE, TO
27 AUTHORIZE THE CITY CLERK TO PROVIDE ABSENT ELECTOR'S VOTING PLACES; AMEND-
28 ING SECTION 50-452, IDAHO CODE, TO DEFINE A COMBINATION ELECTION RECORD
29 AND POLL BOOK AND OPERATION; AMENDING SECTION 50-459, IDAHO CODE, TO PRO-
30 VIDE THE MANNER OF VOTING; AND AMENDING CHAPTER 4, TITLE 50, IDAHO CODE,
31 BY THE ADDITION OF A NEW SECTION 50-479, IDAHO CODE, TO SPECIFY THE TIME
32 FOR RECORDS RETENTION.
33 Be It Enacted by the Legislature of the State of Idaho:
34 SECTION 1. That Sections 50-426, 50-433, 50-434 and 50-435, Idaho Code,
35 be, and the same are hereby repealed.
36 SECTION 2. That Section 50-402, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 50-402. DEFINITIONS. The following words and phrases when used in this
39 chapter, have the meanings respectively given herein.
40 (a) General election. "General election" means the election held on the
41 first Tuesday succeeding the first Monday in November in each odd-numbered
42 year at which there shall be chosen all mayors and councilmen as are by law to
1 be elected in such years.
2 (b) Special election. "Special election" means any election other than a
3 general election held at any time for any purpose provided by law.
4 (c) Qualified elector. A "qualified elector" means any person who is
5 eighteen (18) years of age, is a United States citizen and who has resided in
6 the city at least thirty (30) days next preceding the election at which he
7 desires to vote and who is registered within the time period provided by law.
8 A "qualified elector" shall also mean any person who is eighteen (18) years of
9 age, is a United States citizen, who is a registered voter, and who resides in
10 an area that the city has annexed pursuant to chapter 2, title 50, Idaho Code,
11 within thirty (30) days of a city election.
12 (d) Residence.
13 (1) "Residence" for voting purposes, shall be the principal or primary
14 home or place of abode of a person. Principal or primary home or place of
15 abode is that home or place in which his habitation is fixed and to which
16 a person, whenever he is absent, has the present intention of returning
17 after a departure or absence therefrom, regardless of the duration of
18 absence. In determining what is a principal or primary place of abode of a
19 person the following circumstances relating to such person may be taken
20 into account: business pursuits, employment, income sources, residence for
21 income or other tax pursuits, residence of parents, spouse, and children,
22 if any, leaseholds, situs of personal and real property, and motor vehicle
24 (2) A qualified elector shall not be considered to have gained residence
25 in any city of this state into which he comes for temporary purposes only
26 without the intention of making it his home but with the intention of
27 leaving it when he has accomplished the purpose that brought him there.
28 (3) A qualified elector who has left his home and gone to another area
29 outside the city, for a temporary purpose only shall not be considered to
30 have lost his residence.
31 (4) If a qualified elector moves outside the city, with the intentions of
32 making it his permanent home, he shall be considered to have lost his res-
33 idence in the city.
34 (e) Election official. "Election official" means the city clerk, regis-
35 trar, judge of election, clerk of election, or constable engaged in the per-
36 formance of election duties as required by this act.
37 (f) Election register. The "election register" means the voter registra-
38 tion cards of all electors who are qualified to appear and vote at the desig-
39 nated polling places.
40 (g) Combination election record and poll book. "Combination election reg-
41 ister and poll book" is the book containing a listing of registered electors
42 who are qualified to appear and vote at the designated polling places.
43 (h) Tally book. The "tally book" or "tally list" means the forms in which
44 the votes cast for any candidate or special question are counted and totaled
45 at the polling precinct.
46 (i) Reference to male. All references to the male elector and male city
47 officials include the female elector and female city official and the mascu-
48 line pronoun includes the feminine.
49 (j) Computation of time. Calendar days shall be used in all computations
50 of time made under the provision of this act. In computing time for any act to
51 be done before any election, the first day shall be included and the last, or
52 election day, shall be excluded. Saturdays, Sundays and legal holidays shall
53 be included, but if the time for any act to be done shall fall on Saturday,
54 Sunday or a legal holiday, such act shall be done upon the day following each
55 Saturday, Sunday or legal holiday.
1 SECTION 3. That Section 50-408, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 50-408. DESIGNATION OF POLLING PLACES. The city council shall, no later
4 than September 15 in a general election year and at least forty-five (45) not
5 less than thirty (30) days before any general or special election, designate a
6 suitable polling place for each election precinct. Polling places shall con-
7 form to the standards established by the secretary of state pursuant to the
8 authority granted in section 34-302, Idaho Code. The city council shall have
9 the authority to consolidate established precincts within the boundaries of
10 the city. Insofar as possible the polling places shall be in the same location
11 as those provided for county and state elections. If there is no suitable
12 polling place within the precinct, the city council may designate a polling
13 place outside the precinct, but as close and convenient as possible for the
14 electors of the precinct.
15 SECTION 4. That Section 50-409, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 50-409. APPOINTMENT AND COMPENSATION OF ELECTION JUDGES AND CLERKS. The
18 city council in each city, at a regular meeting in the month preceding an
19 election, shall appoint an election judge and such clerks as may be necessary
20 for each voting precinct within the city. The election officials shall be
21 qualified city or county electors. The city clerk shall notify the election
22 officials of their appointment within five (5) days following appointment. If
23 any election judge or clerk fails to report for duty on the day of election
24 the city clerk shall fill such vacancies from among the qualified electors
25 presenting themselves to vote. Compensation for the election judges and clerks
26 shall be determined by the city council at time of appointment and shall be
27 not less than the minimum wage as prescribed by federal laws of the state of
29 SECTION 5. That Section 50-427, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 50-427. CHALLENGES OF ENTRIES IN ELECTION RECORD AND POLL BOOK. At the
32 time of an election, any registered elector may challenge the entry of an
33 elector's name as it appears in the election record and poll book. Such a
34 challenge will be noted in the remarks column following the elector's name
35 stating the reason, such as "died," "moved," or "incorrect address." The elec-
36 tor making the challenge shall sign his name following the remarks. The city
37 clerk shall correct the election register following the canvass of the ballot
38 by contacting the person whose name was challenged to ascertain if information
39 given by the challenger is correct before making any change on the registra-
40 tion card Corrections to the election register from challenges at the election
41 shall be made in accordance with the provisions of section 34-432, Idaho Code.
42 SECTION 6. That Section 50-428, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 50-428. ELECTION RECORD AND POLL BOOK. The city clerk shall prepare two
45 (2) election record and poll books for each election precinct from the elec-
46 tion register. The election record and poll book shall be alphabetical accord-
47 ing to name of the registered elector and shall include the residence address
48 of the elector and maintain the combination election record and poll book as
1 provided in section 34-111, Idaho Code.
2 SECTION 7. That Section 50-430, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 50-430. METHOD OF NOMINATION -- CLERK TO FURNISH PRINTED FORMS. Candi-
5 dates for elective city offices shall be nominated by petition declaration.
6 The nominating petition declaration shall contain the name and address of the
7 person and the office and the term for which he is being nominated. There
8 shall be no mention relating to party or principal of the nominee. The number
9 of registered qualified electors required to sign a petition of nomination
10 shall be one (1) per each one hundred (100) population or fraction thereof but
11 in no case to be less than three (3) nor more than forty (40) The completed
12 declaration of candidacy shall be accompanied by: (1) a petition of candidacy
13 signed by not less than five (5) registered qualified electors; or (2) a fil-
14 ing fee of forty dollars ($40.00) which shall be deposited in the city trea-
16 It shall be the duty of the city clerk to furnish upon application a rea-
17 sonable number of regular printed forms, as herein set forth, to any person or
18 persons applying therefor. Nominating petitions The forms shall be of uniform
19 size as determined by the clerk.
20 SECTION 8. That Section 50-431, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 50-431. FORM OF PETITION -- DECLARATION OF CANDIDACY. Petitions of nomi-
23 nation Declarations of candidacy and petitions of candidacy shall read sub-
24 stantially as herein set forth. Any number of separate petitions of nomination
25 candidacy may be circulated at the same time for any candidate and all peti-
26 tions for each candidate shall be considered one (1) petition when filed with
27 the city clerk. Each signer of a petition shall be a registered qualified
29 PETITION OF NOMINATION
30 This petition of nomination, if found insufficient, shall be returned to
31 (Name) , at Street, City of , Idaho.
32 DECLARATION OF CANDIDACY
33 I, the undersigned, being a qualified elector of the City of
34 ........., State of Idaho, hereby declare myself to be a candidate
35 for the office of ............., for a term of .... years, to be
36 voted for at the election to be held on the .... day of .....,
37 19 20.., and certify that I possess the legal qualifications to fill said
38 office , and that my post-office address is .
41 Subscribed and sworn to before me this .... day of ........,
42 19 20...
45 Notary Public
46 State of Idaho,
47 County of ........ ss.
48 City of .........
1 PETITION OF CANDIDACY
2 of .......................................................................
3 (NAME OF CANDIDATE)
4 FOR OFFICE OF ............................................................
5 This petition must be filed in the office of the City Clerk not earlier
6 than 8:00 a.m. on the eighth Friday nor later than 5:00 p.m. on the sixth Fri-
7 day immediately preceding election day. The submitted petition must have
8 affixed thereto the names of at least five (5) qualified electors who reside
9 within the appropriate city.
10 We I, the undersigned, being a qualified elector of the city of
11 .............., in the state of Idaho, do hereby certify and declare that I
12 reside at the place set opposite my name and that I do hereby join in a the
13 petition for the nomination of .............., whose residence
14 is at (Number) (Street) , (City) for the office of
15 for the term of years, a candidate for the office of
16 ................. to be voted at the general city election to be held in the
17 City of on the .... day of ........, 19-- 20.. , and do
18 further certify that we are registered qualified electors and are not at this
19 time the signers of any other petitions nominating any other candidate for the
20 above-named office, or in case there are several positions to be filled in the
21 above-named office, that we have not signed more petitions than there are
22 positions to be filled in the above-named office.
23 (Signed) (Name - printed) (Address)
27 Signature of Petitioner Printed Name Residence Address Date Signed
28 ....................... ............ ................. ...........
29 ....................... ............ ................. ...........
30 ....................... ............ ................. ...........
31 STATE OF IDAHO
32 County of ....................
33 I, ......................, being first duly sworn, say: That I am a resi-
34 dent of the state of Idaho and at least eighteen (18) years of age; that every
35 person who signed this sheet of the foregoing petition signed his or her name
36 thereto in my presence; I believe that each has stated his or her name, post-
37 office address and residence correctly, that each signer is a qualified elec-
38 tor of the state of Idaho, and the city of ....................
39 Signed .....................................
40 Address ....................................
41 Subscribed and sworn to before me this ...... day of ......., 20...
42 Signed Notary Public ....................................
43 Residing at .............................................
44 Commission expires ......................................
45 (Notary Seal)
46 SECTION 9. That Section 50-432, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 50-432. TIME AND MANNER OF FILING PETITIONS. All petitions declarations
49 of nomination candidacy for elective city offices shall be filed with the
50 clerk of the respective city wherein the elections are to be held, not more
51 than sixty (60) or less than forty (40) days, including Sundays and holidays
52 earlier than 8:00 a.m. on the eighth Friday nor later than 5:00 p.m. on the
1 sixth Friday, immediately preceding election day. When the petition of nomina-
2 tion is presented for filing to the city clerk, he shall forthwith examine the
3 same and ascertain whether it conforms to the provisions of chapter 4, title
4 50, Idaho Code. If found not sufficient, he shall immediately, in writing,
5 designate on said nominating petition the defect, omission or reason why such
6 petition is insufficient and shall return the same to the person named as the
7 person to whom the petition may be returned in accordance with section 50-431,
8 Idaho Code. The petition may then be amended and again presented to the clerk
9 if within the time allowed for filing such, as in the first instance. The
10 clerk shall forthwith proceed to examine the amended petition as hereinbefore
11 provided for the original petition. If either the original or the amended form
12 of petition be found sufficient, the clerk shall file the same, endorsing
13 thereon the date and time upon which the petition was accepted by him Before
14 any declaration of candidacy and filing fee or petition of candidacy mentioned
15 in section 50-431, Idaho Code, can be filed, the city clerk shall ascertain
16 that it conforms to the provisions of chapter 4, title 50, Idaho Code. The
17 city clerk shall not accept any nominating petitions declarations of candidacy
18 after 5:00 p.m. on the final day for filing petitions. Write-in candidates
19 shall be governed by section 34-702A, Idaho Code, but shall file the declara-
20 tions required in that section with the city clerk.
21 SECTION 10. That Chapter 4, Title 50, Idaho Code, be, and the same is
22 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
23 ignated as Section 50-433, Idaho Code, and to read as follows:
24 50-433. DECLARATION OF INTENT FOR WRITE-IN CANDIDATES. No write-in vote
25 for any office in an election shall be counted unless a declaration of intent
26 has been filed indicating that the person desires the office and is legally
27 qualified to assume the duties of said office if elected. The declaration of
28 intent shall be in the form set forth herein and shall be filed with the city
29 clerk. Such declaration of intent shall be filed not later than the fourth
30 Friday immediately preceding election day.
31 DECLARATION OF INTENT
34 Please print name
35 WRITE-IN CANDIDATE
36 To be filed in the office of the city clerk
37 no later than 5:00 p.m.
38 on the 4th Friday immediately preceding election day
39 STATE OF IDAHO
40 County of ....................
41 I, the undersigned, do hereby declare my intent to be a write-in candidate
42 for the office of ................., to be voted on at the election to be held
43 on the ..... day of ......., and that my residence address is
45 I further certify that I possess the legal qualifications to hold said
47 Signed .........................
48 Address ........................
49 Subscribed and sworn before me this .... day of ............, 20...
50 Signed Notary Public .........................
51 Residing at ..................................
52 Commission expires ...........................
1 (Notary Seal)
2 SECTION 11. That Chapter 4, Title 50, Idaho Code, be, and the same is
3 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
4 ignated as Section 50-434, Idaho Code, and to read as follows:
5 50-434. NO ELECTION REQUIRED UNDER CERTAIN CONDITIONS. In any election
6 for elective city offices, if after the deadline for filing declarations of
7 candidacy and declarations of intent as a write-in candidate, it appears that
8 only one (1) qualified candidate has been nominated for each seat to be
9 filled, it shall not be necessary for the city to conduct an election, and the
10 city council shall, no later than seven (7) days before the scheduled date of
11 the election, declare such candidate(s) elected.
12 SECTION 12. That Section 50-436, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 50-436. NOTICE OF ELECTION -- CONTENTS -- PUBLICATION AND POSTING. The
15 city council shall give notice for any city election by publishing such notice
16 in at least two (2) issues of the official newspaper of the city. If the offi-
17 cial city newspaper is not published in the city then the notice of election
18 may be posted in three (3) public places in each voting precinct within the
19 city limits. The notice shall state the date of the election, the polling
20 place in each precinct , and the hours during which the polls shall be open for
21 the purpose of voting. The first publication of notice of election shall be
22 made not less than forty-five (45) at least twelve (12) days prior to the
23 election. The last publication of notice shall be made not less than fifteen
24 (15) later than five (5) days prior to the election.
25 SECTION 13. That Section 50-439, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 50-439. PREPARATION AND CONTENTS OF BALLOT. The ballot for each election
28 shall be prepared not less than twenty -one (2 10) days prior to the date of
29 election by the city clerk. Candidates for mayor will be listed first followed
30 by councilman positions for four (4) years and then two (2) year councilman
31 positions, provided, that in printing the ballots, the position of the names
32 shall be changed in each office division by placing the top name for that
33 office at the bottom of that division and moving each other name up the column
34 by one (1) position, as many times as there are candidates in the office divi-
35 sion in which there are the greatest number of candidates. Candidates names
36 shall be rotated by precinct for those cities using voting machines or vote
37 tally systems. Nothing shall prevent a voter from writing in the name of any
38 qualified elector of the city for any office to be filled at the said elec-
39 tion, and the clerk in preparing the ballot shall make provisions for the
40 writing in of names. Separate ballots will may be used for bond issues, capi-
41 tal improvement levy, recall, referendum, initiative, advisory ballots or any
42 other measure authorized to be decided by the electorate.
43 SECTION 14. That Chapter 4, Title 50, Idaho Code, be, and the same is
44 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
45 ignated as Section 50-439A, Idaho Code, and to read as follows:
46 50-439A. ORDER OF CANDIDATE NAMES ON BALLOTS. (1) This section governs
1 the procedure for determining the order on the ballot of names of candidates
2 for nomination for or election to all offices at any election.
3 (2) Not later than the sixtieth day before the election, the secretary of
4 state shall complete a random ordering of the letters of the alphabet.
5 (3) Not later than the fifty-ninth day before the date of any election,
6 the secretary of state shall mail to each city clerk a copy of the random
7 ordering of the letters of the alphabet.
8 (4) The city clerk shall arrange by surname the names of the candidates
9 on the ballot in the random order of the letters of the alphabet completed by
10 the secretary of state under subsection (2) of this section.
11 SECTION 15. That Section 50-440, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 50-440. SAMPLE BALLOTS. The city clerk shall cause to be printed avail-
14 able not less than fifteen (15) days before the election, sample ballots con-
15 taining the candidates for each office, and all measures to be submitted,
16 which sample ballots shall be in the same form as the official ballots to be
17 used, except they shall have printed thereon the words "sample ballot," and
18 shall be on paper of a different color than the official ballot, and the clerk
19 shall furnish copies of the same on application at his office, to anyone
20 applying therefor. Said sample ballot shall be published at least twice once
21 in the official newspaper of the city, the last time to be within at least
22 five (5) days of prior to the election. If the official city newspaper is not
23 published in the city then the sample ballot may be posted in three (3) public
24 places in each voting precinct within the city limits.
25 SECTION 16. That Section 50-445, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 50-445. ISSUANCE OF ABSENTEE BALLOT. Upon receipt of an application for
28 an absent elector's ballot within the proper time, the city clerk receiving it
29 shall examine the records of his office to ascertain whether or not such
30 applicant is registered and lawfully entitled to vote as requested, and, if
31 found to be so, he shall arrange for the applicant to vote by absent elector's
32 ballot. The absentee ballot may be delivered to the absent elector in the
33 office of the city clerk, by postage prepaid mail or by other appropriate
35 An elector physically unable to mark his own ballot may receive assis-
36 tance in marking such ballot from the officer delivering same or an available
37 person of his own choosing. In the event the election officer is requested to
38 render assistance in marking an absent elector's ballot, the officer shall
39 ascertain the desires of the elector and shall vote the applicant's ballot
40 accordingly. No city clerk, deputy, or other person assisting a disabled voter
41 shall attempt to influence the vote of such elector in any manner.
42 SECTION 17. That Section 50-447, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 50-447. RETURN OF ABSENTEE BALLOT. The return envelope shall be mailed or
45 delivered to the officer who issued the same; provided, that an absentee bal-
46 lot must be received by the issuing officer by 8:00 p.m. on the day of elec-
47 tion before such ballot may be counted.
48 Upon receipt of an absent elector's ballot the city clerk of the city
49 wherein such elector resides shall verify the authenticity of the affidavit
1 and shall write or stamp upon the envelope containing the same, the date and
2 hour such envelope was received in his office , comparing the signature upon
3 the return envelope with the elector's registration card to insure that signa-
4 tures correspond and, if the ballot was delivered in person, the name and
5 address of the person delivering the same. He shall safely keep and preserve
6 all absent elector's ballots unopened until the time prescribed for delivery
7 to the judges in accordance with this chapter.
8 SECTION 18. That Section 50-448, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 50-448. CITY CLERKS SHALL PROVIDE AN ABSENT ELECTOR'S VOTING PLACE. Each
11 city clerk shall provide an one (1) or more "absent elector's polling places ."
12 as determined necessary by the city clerk. Each polling place It shall be pro-
13 vided with voting booths and other necessary supplies as provided by law.
14 SECTION 19. That Section 50-452, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 50-452. DUTIES OF CITY CLERK ON ELECTION DAY COMBINATION ELECTION RECORD
17 AND POLL BOOK DEFINED -- OPERATION. (1) "Combination election record and poll
18 book" means the book containing a listing of registered electors who are qual-
19 ified to appear and vote at the designated polling places. An additional copy
20 of the combination election records and poll book may be maintained to record
21 that the elector has voted.
22 (2) On election day, the city clerk shall deliver to the election judge
23 in each precinct, as other election supplies and materials are delivered, a
24 list in alphabetical order of all registered electors. This list shall consti-
25 tute the combination election records and poll book of each precinct. This
26 list shall include the residence address of each elector for any given pre-
27 cinct. The list may be divided into two (2) or more separate parts and shall
28 be alphabetical according to the surname of the registered elector.
29 (3) The city clerk shall administer an oath of office to the election
30 judge of each precinct before or upon delivery of the ballots and election
31 supplies. The oath subscribed to by the election judge appears in the combina-
32 tion election record and poll book. The city clerk may delegate his authority
33 to administer the oath of the judge to any officer authorized to administer
34 oaths, including notaries public.
35 (2) Before the polls open the election judge will administer an oath of
36 office to all election board officials who will subscribe to said oath in the
37 combination election record and poll book. The city clerk may administer the
38 oath of office to the election judge and election board officials at one time.
39 (3) The combination election record and poll book shall be ruled in a
40 proper manner so that in a column for ballot numbers sufficient space shall
41 appear for inserting the numbers of several ballots. At any election when more
42 than one (1) ballot is used, a separate column shall be provided for each sep-
43 arate form of ballot used.
44 (4) Before entering upon the discharge of their duties, the election
45 clerks shall take and subscribe to an oath in the combination election record
46 and poll book. Such oaths shall be administered by the election judge of the
47 precinct. Should the judge fail to be present any officer authorized to admin-
48 ister oaths, including notaries public, may administer oaths to the election
49 clerk. The city clerk may administer the oath of office to the election judge
50 and election clerks at one (1) time.
51 (5) Immediately after the close of the polls, the names of the electors
1 who voted shall be counted and the number written and certified in the combi-
2 nation election record and poll book. The combination election record and poll
3 book shall be immediately signed by each of the election board judges.
4 SECTION 20. That Section 50-459, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 50-459. MANNER OF VOTING. On receipt of his ballot the elector shall
7 retire to a vacant voting booth and mark his ballot according to the instruc-
8 tions provided by law. Before leaving the voting compartment the elector shall
9 fold his ballot so that the official stamp is visible and the face of the bal-
10 lot is completely enclosed.
11 After marking his ballot, the elector shall present himself to the elec-
12 tion clerk in charge of the additional copy of the combination election record
13 and poll book ballot box and state his name and residence. The elector shall
14 hand his ballot to the election clerk. The clerk shall deposit the ballot in
15 the proper box. after ascertaining that the ballot is folded correctly. The
16 clerk shall then record that the elector has voted and proclaim the same in an
17 audible voice.
18 SECTION 21. That Chapter 4, Title 50, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 50-479, Idaho Code, and to read as follows:
21 50-479. RECORDS RETENTION SCHEDULE. Combination election record and poll
22 book, tally sheet and sequence shall be retained for five (5) years from the
23 date of the election to which they pertain. Marked and unmarked ballots, bal-
24 lot stubs, declarations, candidacy petitions, list of electors making applica-
25 tion for absentee ballot and all other election supplies shall be retained for
26 sixty (60) days from the date of the election to which they pertain.
STATEMENT OF PURPOSE
The intent of this legislation is to clarify and provide with a
higher degree of standardization of the municipal election laws
within the counties and cities.
No impact on the general fund.
Name: Rep. Jim Clark
Phone: 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE H 145