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H0189aa....................................................by STATE AFFAIRS
SCHOOL DISTRICT ELECTIONS - Amends existing law to require that school
district elections shall be conducted on the uniform date for elections
conducted within Idaho with special provisions for certain levy elections.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to St Aff
02/20 Rpt out - to Gen Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 52-11-7
AYES -- Barraclough, Barrett, Bedke, Bell, Boe, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Gagner, Gould, Hadley,
Hammond, Harwood, Henbest, Higgins, Hornbeck, Kellogg, Kendell, Kunz,
Lake, Langford, Loertscher, Mader, McKague, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Raybould, Sali, Schaefer, Shepherd,
Smith, Stevenson, Tilman, Wheeler, Young, Mr. Speaker
NAYS -- Bieter, Black, Cuddy, Field(20), Jaquet, Marley, Pomeroy,
Ridinger, Robison, Sellman, Smylie
Absent and excused -- Jones, Pischner, Roberts, Stone, Swan, Trail,
Wood
Floor Sponsor -- Kunz
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 189
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CONDUCT OF SCHOOL ELECTIONS; AMENDING SECTION 33-503, IDAHO
3 CODE, TO PROVIDE THE DATE WHEN SCHOOL TRUSTEE ELECTIONS SHALL BE HELD AND
4 TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 34-106, IDAHO CODE, TO
5 DELETE EXEMPTION OF SCHOOL DISTRICTS, TO PROVIDE DATES FOR SUPPLEMENTAL
6 MAINTENANCE AND OPERATION LEVY ELECTIONS AND TO MAKE TECHNICAL CORREC-
7 TIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-503, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-503. ELECTION OF TRUSTEES -- UNIFORM DATE. The election of school dis-
12 trict trustees including those in charter districts shall be on the third
13 fourth Tuesday in May. Notice and conduct of the election, and the canvassing
14 of the returns shall be as provided in sections 33-401 -- through 33-406,
15 Idaho Code. In each trustee zone, the person receiving the greatest number of
16 votes cast within his the zone shall be declared by the board of trustees as
17 the trustee elected from that zone.
18 If any two (2) or more persons have an equal number of votes in any
19 trustee zone and a greater number than any other nominee in that zone, the
20 board of trustees shall determine the winner by a toss of a coin.
21 SECTION 2. That Section 34-106, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
24 standing any other provisions of the law to the contrary, there shall be no
25 more than four (4) elections conducted in any county in any calendar year,
26 except as provided in this section, and except that elections to fill vacan-
27 cies in the United States house of representatives shall be held as provided
28 in the governor's proclamation.
29 (1) The dates on which elections may be conducted are:
30 (a) tThe first Tuesday in February of each year; and
31 (b) tThe fourth Tuesday in May of each year; and
32 (c) tThe first Tuesday in August of each year; and
33 (d) tThe Tuesday following the first Monday in November of each year.
34 (e) In addition to the elections specified in paragraphs (a) through (d)
35 of this subsection, an election on the question of a supplemental mainte-
36 nance and operation levy, pursuant to section 33-802 4., Idaho Code, may
37 be conducted on the first Tuesday of April, June or September which is
38 thirty-one (31) or more days from the last permitted election date.
39 (f) In addition to the elections specified in paragraphs (a) through (de)
40 of this subsection, an emergency election may be called upon motion of the
41 governing board of a political subdivision. An emergency exists when there
2
1 is a great public calamity, such as an extraordinary fire, flood, storm,
2 epidemic, or other disaster, or if it is necessary to do emergency work to
3 prepare for a national or local defense, or it is necessary to do emer-
4 gency work to safeguard life, health or property. Such a special election,
5 if conducted by the county clerk, shall be conducted at the expense of the
6 political subdivision submitting the question.
7 (2) Candidates for office elected in February, May or August shall take
8 office on the date specified in the certificate of election but not more than
9 sixty (60) days following the election.
10 (3) Candidates for office elected in November shall take office as pro-
11 vided in the constitution, or on January 1, next succeeding the November elec-
12 tion.
13 (4) The governing board of each political subdivision subject to the pro-
14 visions of this section, which, prior to January 1, 1994, conducted an elec-
15 tion for members of that governing board on a date other than a date permitted
16 in subsection (1) of this section, shall establish as the election date for
17 that political subdivision the date authorized in subsection (1) of this sec-
18 tion which falls nearest the date on which elections were previously con-
19 ducted, unless another date is established by law.
20 (5) The secretary of state is authorized to provide such assistance as
21 necessary, and to prescribe any needed rules, regulations or interpretations
22 for the conduct of election authorized under the provisions of this section.
23 (6) School districts governed by title 33, Idaho Code, and wWater dis-
24 tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi-
25 sions of this section.
26 (7) Initiative, referendum and recall elections conducted by any politi-
27 cal subdivision shall be held on the nearest date authorized in subsection (1)
28 of this section which falls more than forty-five (45) days after the clerk of
29 the political subdivision orders that such initiative, referendum or recall
30 election shall be held.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Kunz
Seconded by Langford
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 189
1 AMENDMENT TO SECTION 2
2 On page 1 of the printed bill, in line 38, following "permitted" insert:
3 "supplemental maintenance and operation levy".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 189, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CONDUCT OF SCHOOL ELECTIONS; AMENDING SECTION 33-503, IDAHO
3 CODE, TO PROVIDE THE DATE WHEN SCHOOL TRUSTEE ELECTIONS SHALL BE HELD AND
4 TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 34-106, IDAHO CODE, TO
5 DELETE EXEMPTION OF SCHOOL DISTRICTS, TO PROVIDE DATES FOR SUPPLEMENTAL
6 MAINTENANCE AND OPERATION LEVY ELECTIONS AND TO MAKE TECHNICAL CORREC-
7 TIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-503, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-503. ELECTION OF TRUSTEES -- UNIFORM DATE. The election of school dis-
12 trict trustees including those in charter districts shall be on the third
13 fourth Tuesday in May. Notice and conduct of the election, and the canvassing
14 of the returns shall be as provided in sections 33-401 -- through 33-406,
15 Idaho Code. In each trustee zone, the person receiving the greatest number of
16 votes cast within his the zone shall be declared by the board of trustees as
17 the trustee elected from that zone.
18 If any two (2) or more persons have an equal number of votes in any
19 trustee zone and a greater number than any other nominee in that zone, the
20 board of trustees shall determine the winner by a toss of a coin.
21 SECTION 2. That Section 34-106, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
24 standing any other provisions of the law to the contrary, there shall be no
25 more than four (4) elections conducted in any county in any calendar year,
26 except as provided in this section, and except that elections to fill vacan-
27 cies in the United States house of representatives shall be held as provided
28 in the governor's proclamation.
29 (1) The dates on which elections may be conducted are:
30 (a) tThe first Tuesday in February of each year; and
31 (b) tThe fourth Tuesday in May of each year; and
32 (c) tThe first Tuesday in August of each year; and
33 (d) tThe Tuesday following the first Monday in November of each year.
34 (e) In addition to the elections specified in paragraphs (a) through (d)
35 of this subsection, an election on the question of a supplemental mainte-
36 nance and operation levy, pursuant to section 33-802 4., Idaho Code, may
37 be conducted on the first Tuesday of April, June or September which is
38 thirty-one (31) or more days from the last permitted supplemental mainte-
39 nance and operation levy election date.
40 (f) In addition to the elections specified in paragraphs (a) through (de)
41 of this subsection, an emergency election may be called upon motion of the
2
1 governing board of a political subdivision. An emergency exists when there
2 is a great public calamity, such as an extraordinary fire, flood, storm,
3 epidemic, or other disaster, or if it is necessary to do emergency work to
4 prepare for a national or local defense, or it is necessary to do emer-
5 gency work to safeguard life, health or property. Such a special election,
6 if conducted by the county clerk, shall be conducted at the expense of the
7 political subdivision submitting the question.
8 (2) Candidates for office elected in February, May or August shall take
9 office on the date specified in the certificate of election but not more than
10 sixty (60) days following the election.
11 (3) Candidates for office elected in November shall take office as pro-
12 vided in the constitution, or on January 1, next succeeding the November elec-
13 tion.
14 (4) The governing board of each political subdivision subject to the pro-
15 visions of this section, which, prior to January 1, 1994, conducted an elec-
16 tion for members of that governing board on a date other than a date permitted
17 in subsection (1) of this section, shall establish as the election date for
18 that political subdivision the date authorized in subsection (1) of this sec-
19 tion which falls nearest the date on which elections were previously con-
20 ducted, unless another date is established by law.
21 (5) The secretary of state is authorized to provide such assistance as
22 necessary, and to prescribe any needed rules, regulations or interpretations
23 for the conduct of election authorized under the provisions of this section.
24 (6) School districts governed by title 33, Idaho Code, and wWater dis-
25 tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi-
26 sions of this section.
27 (7) Initiative, referendum and recall elections conducted by any politi-
28 cal subdivision shall be held on the nearest date authorized in subsection (1)
29 of this section which falls more than forty-five (45) days after the clerk of
30 the political subdivision orders that such initiative, referendum or recall
31 election shall be held.
STATEMENT OF PURPOSE
RS10563
It is critical that public confidence in the election process be
maintained at the highest level. Under current law, school
elections are held on dates that are different from the dates of
other elections. Voters are often confused and do not know when
to vote.
In order to provide uniformity and simplicity, election dates,
with a few exceptions, would be standardized. These statutory
changes are intended to increase voter participation and
confidence by making it easier for voters to identify when they
are to vote.
FISCAL IMPACT
There will be no fiscal impact on the general fund of the state.
Contact
Name: Rep. Kent Kunz
Phone: 208/332-1120
STATEMENT OF PURPOSE/FISCAL NOTE H 189