2001 Legislation
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HOUSE BILL NO. 146 – Election/registr/absntee poll place


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Daily Data Tracking History

H0146......................................................by STATE AFFAIRS
ELECTIONS - REGISTRATION - Amends and repeals existing law to clarify that
election day registration is allowed at an absentee polling place; and to
revise county procedures governing election records.
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to St Aff
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 65-1-4
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz,
      Bradford, Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Schaefer,
      Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman,
      Trail, Wheeler, Young, Mr. Speaker
      NAYS -- Wood
      Absent and excused -- Black, Callister, Jones, Sali
    Floor Sponsor -- Stevenson
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to St Aff
02/27    Rpt out - rec d/p - to 2nd rdg
02/28    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- King-Barrutia
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/22    Governor signed
         Session Law Chapter 99
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 146
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  7        TION 34-409, IDAHO CODE.
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION 1.  That Section 34-408, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
 11        34-408.  CLOSING OF REGISTER -- TIME LIMIT. (1) No elector may register in
 12    the  office  of  the  county  clerk within twenty-four (24) days preceding any
 13    election held throughout the county in which he resides  for  the  purpose  of
 14    voting  at such election. This deadline shall also apply to any registrars the
 15    county clerk may have appointed.
 16        (2)  Any elector who will complete his residence requirement or attain the
 17    requisite voting age during the period when the register of electors is closed
 18    may register prior to the closing of the register.
 19        (3)  Notwithstanding subsection (1) of this section, an individual who  is
 20    eligible  to vote may also register, upon providing proof of residence, at the
 21    "absent electors' polling place" provided in section 34-1006, Idaho Code.
 22        SECTION 2.  That Section 34-416, Idaho Code, be, and the  same  is  hereby
 23    amended to read as follows:
 24        34-416.  REGISTRATION  CARDS.  (1)  The county clerk or official registrar
 25    shall enter the information supplied by the elector under section 34-411 on  a
 26    registration  card  executed  in  duplicate  which shall contain the following
 27    warning:
 28         WARNING: Any elector who supplies any information, knowing it to  be
 29         false, is guilty of perjury.
 30        (2)  The  elector  shall  read  the warning set forth in subsection (1) of
 31    this section and shall sign his name in an appropriate place on the  completed
 32    card.  The  official  who personally registers the elector shall sign his name
 33    and title in attestation in an appropriate place on the completed card.
 34        (3)  The registration card completed and signed as provided in  this  sec-
 35    tion  constitutes  the  official  registration card of the elector. The county
 36    clerk shall keep and file all such cards in a convenient manner in his office.
 37    Such cards constitute the register of electors.
 38        SECTION 3.  That Section 31-871, Idaho Code, be, and the  same  is  hereby
 39    amended to read as follows:
  1        31-871.  CLASSIFICATION AND RETENTION OF RECORDS. (1) County records shall
  2    be classified as follows:
  3        (a)  "Permanent records" shall consist of, but not be limited to, the fol-
  4        lowing:    proceedings  of  the  governing  body, ordinances, resolutions,
  5        building plans and specifications for commercial projects  and  government
  6        buildings,  bond  register, warrant register, budget records, general led-
  7        ger, cash books and records affecting the title to real property or  liens
  8        thereon,  and  other  documents  or  records as may be deemed of permanent
  9        nature by the board of county commissioners.
 10        (b)  "Semipermanent records" shall consist of, but not be limited to,  the
 11        following:  claims,  contracts,  canceled checks, warrants, duplicate war-
 12        rants, license applications, building applications for commercial projects
 13        and government buildings, departmental reports, purchase orders, vouchers,
 14        duplicate receipts, bonds and coupons,  registration  and  other  election
 15        records excluding election ballots and tally books, financial records, and
 16        other documents or records as may be deemed of semipermanent nature by the
 17        board of county commissioners.
 18        (c)  "Temporary records" shall consist of, but not be limited to, the fol-
 19        lowing: correspondence not related to subsections (1) and (2) of this sec-
 20        tion,  building  applications, plans, and specifications for noncommercial
 21        and nongovernment projects after the structure or project  receives  final
 22        inspection  and approval, cash receipts subject to audit, election ballots
 23        and tally books, and other records as may be deemed temporary by the board
 24        of county commissioners.
 25        (d)  Those records not included in subsection (1)(a), (b) or (c)  of  this
 26        section  shall  be  classified as permanent, semipermanent or temporary by
 27        the board of county commissioners and upon the advice of the office of the
 28        prosecuting attorney.
 29        (2)  County records shall be retained as follows:
 30        (a)  Permanent records shall be retained for not less than ten (10) years.
 31        (b)  Semipermanent records shall be kept for not less than five (5)  years
 32        after  date  of  issuance or completion of the matter contained within the
 33        record.
 34        (c)  Temporary records shall be retained for not less than two (2) years.
 35        (d)  Records may only be destroyed by resolution of the  board  of  county
 36        commissioners  after  regular audit and upon the advice of the prosecuting
 37        attorney. A resolution ordering destruction must list, in detail,  records
 38        to  be destroyed. Such disposition shall be under the direction and super-
 39        vision of the board's clerk.
 40        (e)  The provisions of this section shall control the  classification  and
 41        retention  schedules  of  all  county records unless otherwise provided in
 42        Idaho Code or any applicable federal law.
 43        SECTION 4.  That Section 34-409, Idaho Code, be, and the  same  is  hereby
 44    repealed.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE
                           RS 10827
The purpose of this bill is to clarify that an individual,
eligible to vote, may also register at an absentee polling place
notwithstanding the 24 day provision in Section 34 408 (1), Idaho
Code. This bill also repeals the requirement for a duplicate
registration card as the language is outdated. It also would provide
that election ballots and tally books are considered temporary records
and retained for a period of two years instead of five years since the
federal election laws require records to be kept for twenty-two
months. This bill also clarifies and updates some of the election
statutes. This bill would delete the requirement for staying open
until 8:00 p.m. on the last day of registration due to the ability to
register on Election Day.

                         FISCAL IMPACT
There is no impact to the state general fund or any taxing

CONTACT:  Idaho Association of Counties Phone: 345-9126 Dan Chadwick,
         Tony Poinelli, Maggie Mahoney

STATEMENT OF PURPOSE/FISCAL NOTE                           H 14