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H0206aaS...................................................by STATE AFFAIRS
ELECTIONS - PROCEDURES - Amends and repeals existing law to govern the
method of voting for a write-in candidate on an optical scan voting
machine; and to provide additional criteria for approval of voting
machines.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 61-3-6
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy,
Deal, Denney, Ellis, Eskridge, Field(13), Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Henbest, Higgins, Jaquet, Jones, Kellogg,
Kendell, Kunz, Lake, Langford, Mader, Marley, McKague, Meyer,
Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Trail, Wheeler, Young
NAYS -- Ellsworth, Hornbeck, Loertscher
Absent and excused -- Crow, Mortensen, Swan, Tilman, Wood, Mr.
Speaker
Floor Sponsor -- Pearce
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/08 To 14th Ord
03/12 Rpt out amen - to 1st rdg as amen
03/13 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, 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, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Danielson
Title apvd - to House
03/20 House concurred in Senate amens - to engros
03/21 1st rdg - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
03/26 3rd rdg as amen - PASSED - 58-5-7
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Eskridge, Field(13), Gagner, Gould, Hadley,
Hammond, Hansen, Harwood, Henbest(Farley), Higgins, Jaquet, Jones,
Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould,
Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith, Smylie,
Stevenson, Tilman, Trail, Mr. Speaker
NAYS -- Ellsworth, Field(20), Hornbeck, McKague, Schaefer
Absent and excused -- Ellis, Meyer, Pischner, Stone, Wheeler, Wood,
Young
Floor Sponsor -- Pearce
Title apvd - to Senate
To enrol
03/28 Rpt enrol - Sp signed - Pres signed
03/29 To Governor
03/31 Governor signed
Session Law Chapter 272
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 206
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ADMINISTRATION OF ELECTIONS; AMENDING SECTION 34-606, IDAHO CODE,
3 TO PROVIDE CLARIFICATION OF THE METHOD OF ELECTION OF ELECTORS FOR PRESI-
4 DENT AND VICE PRESIDENT; AMENDING SECTION 34-702A, IDAHO CODE, TO GOVERN
5 METHOD OF WRITE-IN VOTES ON OPTICAL SCAN BALLOTS; AMENDING SECTION 34-711,
6 IDAHO CODE, TO GOVERN CERTIFICATION OF PRESIDENTIAL AND VICE PRESIDENTIAL
7 CANDIDATES TO COUNTY CLERKS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
8 SECTION 34-711A, IDAHO CODE, TO GOVERN CERTIFICATION OF INDEPENDENT CANDI-
9 DATES FOR PRESIDENT AND VICE PRESIDENT; AMENDING SECTION 34-904, IDAHO
10 CODE, TO AUTHORIZE A SEPARATE BALLOT FOR THE OFFICE OF PRECINCT COMMITTEE-
11 MAN; AMENDING SECTION 34-2401, IDAHO CODE, TO FURTHER DEFINE A VOTING
12 MACHINE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 34-2409, IDAHO
13 CODE, TO PROVIDE ADDITIONAL QUALIFICATIONS FOR VOTING MACHINES AND TO MAKE
14 TECHNICAL CORRECTIONS; AND REPEALING SECTION 34-2428, IDAHO CODE.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 34-606, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 34-606. ELECTION OF PRESIDENTIAL ELECTORS. (1) At the general election,
19 1972, and every four (4) years thereafter, there shall be elected such a num-
20 ber of electors of president and vice president of the United States as the
21 state may be entitled to in the electoral college.
22 (2) No person shall be elected to this position unless he has attained
23 the age of twenty-one (21) years at the time of the election, is a citizen of
24 the United States and shall have resided within the state two (2) years next
25 preceding his election.
26 (3) Such electors shall be certified to the secretary of state as pro-
27 vided for by law.
28 (4) The names of the electors shall not be printed on the general elec-
29 tion ballot. A vote for the candidates for president and vice president shall
30 be a vote for the electors supporting those candidates and selected as pro-
31 vided by law. The general election ballot shall state that electors of presi-
32 dent and vice president are being elected and that a vote for the candidates
33 for president and vice president shall be a vote for the electors supporting
34 those candidates.
35 SECTION 2. That Section 34-702A, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 34-702A. DECLARATION OF INTENT FOR WRITE-IN CANDIDATES. No write-in vote
38 for any office in a primary, special, or general election shall be counted
39 unless a declaration of intent has been filed indicating that the person
40 desires the office and is legally qualified to assume the duties of said
41 office if elected. The declaration of intent shall be filed with the secretary
2
1 of state if for a federal, state, or legislative district office and with the
2 county clerk if for a county office. Such declaration of intent shall be filed
3 not later than fourteen (14) days before the day of election. The secretary of
4 state shall prescribe the form for said declaration.
5 In those counties which utilize optical scan ballots an elector shall not
6 place on the ballot a sticker bearing the name of a person, or use any other
7 method or device, except writing, to vote for a person whose name is not
8 printed on the ballot.
9 SECTION 3. That Section 34-711, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 34-711. CERTIFICATION OF CANDIDATES FOR PRESIDENT, VICE-PRESIDENT VICE
12 PRESIDENT AND PRESIDENTIAL ELECTORS. The state chairman of each political
13 party shall certify the names of the presidential and vice-presidential vice
14 presidential candidates and presidential electors to the secretary of state on
15 or before September 1, in order for them to appear on the general election
16 ballot. The secretary of state shall certify such presidential and vice presi-
17 dential candidates to the county clerks at the same time as certification of
18 political party candidates nominated for state and federal offices by the
19 voters in the primary election.
20 SECTION 4. That Section 34-711A, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 34-711A. CERTIFICATION OF INDEPENDENT PRESIDENTIAL ELECTORS. Independent
23 candidates who have qualified for ballot status pursuant to section 34-708A,
24 Idaho Code, shall certify the names of presidential electors to the secretary
25 of state on or before September 1, in order for them to appear on the general
26 election ballot. The secretary of state shall certify the independent presi-
27 dential electors, and the independent candidates for president and vice-presi-
28 dent vice president, to the county clerks on or before September 7.
29 SECTION 5. That Section 34-904, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 34-904. PRIMARY ELECTION BALLOTS. There shall be a single primary elec-
32 tion ballot on which the complete ticket of each political party shall be
33 printed; however, a county may use a separate ballot for the office of pre-
34 cinct committeeman. Each political ticket shall be separated from the others
35 by a perforated line that will enable the elector to detach the ticket of the
36 political party voted from those remaining. All candidates who have filed
37 their declarations of candidacy and are subsequently certified shall be listed
38 under the proper office titles on their political party ticket. The secretary
39 of state shall design the primary election ballot to allow for write-in candi-
40 dates under each office title.
41 The office titles shall be listed in order beginning with the highest fed-
42 eral office and ending with precinct offices. The secretary of state has the
43 discretion and authority to arrange the classifications of offices as provided
44 by law.
45 It is not necessary to print a primary ballot for a political party which
46 does not have candidates for more than half of the federal or statewide offi-
47 ces on the ballot if no more than one (1) candidate files for nomination by
48 that party for any of the offices on the ballot. The secretary of state shall
3
1 certify that no primary election is necessary for that party if such is the
2 case and shall certify to the county clerk the names of candidates for that
3 party for the general election ballot only.
4 SECTION 6. That Section 34-2401, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 34-2401. DEFINITIONS. As used in this act chapter:
7 (1) "Ballot" means any material used on which votes are cast for offices
8 and candidates and measures which do not appear on ballot labels or a ballot
9 which is used to record votes which are cast for offices and candidates and
10 measures in a voting system which does not use ballot cards.
11 (2) "Ballot card" means the tabulating card or cards of any size upon
12 which the voter records his vote.
13 (3) "Ballot label" means the cards, papers, booklet or other material
14 containing the names of offices and candidates and measures to be voted on.
15 (4) "Election" means all state, county, city, district and other politi-
16 cal subdivision elections including bond issue elections.
17 (5) "Governing body" means the board of county commissioners of any
18 county or the governing body of any city, district or other political subdivi-
19 sion elections including bond issue elections.
20 (6) "Measure" means a proposed law, act or part of an act of the legisla-
21 tive assembly or amendment to the Idaho Cconstitution of the state of Idaho to
22 be submitted to the people for their approval or rejection at an election.
23 "Measure" also means other propositions which can be submitted to the voters
24 at any election by counties, cities, districts or other political subdivi-
25 sions.
26 (7) "Model" means a mechanically operated model of a portion of the face
27 of the machine illustrating the means of voting.
28 (8) "Precinct" includes all election districts.
29 (9) "Voting machine" means:
30 (a) Any mechanical or electronic device which will record every vote cast
31 by any voter on candidates and measures and which will either internally
32 or externally total all votes cast on that device;
33 (b) Any device into which a ballot card may be inserted and which is so
34 designed and constructed that the vote for any candidate or measure may be
35 indicated by punching or marking the ballot card.
36 (10) "Vote tally system" means one (1) or more pieces of machinery or
37 equipment necessary to examine and tally automatically paper ballots having
38 marks placed thereon by a written mark or by a marking stamp. The examination
39 shall be accomplished by either mark sensing or optical scanning.
40 SECTION 7. That Section 34-2409, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 34-2409. EXAMINATION OF MACHINES BY SECRETARY OF STATE PRIOR TO ADOPTION.
43 (1) The secretary of state shall publicly examine all makes of voting machines
44 or vote tally systems submitted to him and determine whether the machines or
45 vote tally systems comply with the requirements of this act chapter, and can
46 safely be used by voters at elections under the provisions of this act
47 chapter. In order for any voting machine or vote tally system to be certified
48 in Idaho it must meet the federal election commission standards and be
49 approved for use by an independent testing authority sanctioned by the
50 national association of state election directors (NASED).
51 (2) Any person owning or interested in a voting machine or vote tally
4
1 system may submit it to the secretary of state for examination. No examination
2 shall be conducted unless documentation is provided indicating that the vot-
3 ing machine or vote tally system meets the federal election commission stan-
4 dards. For the purpose of assistance in examining the machine or vote tally
5 system the secretary of state may employ not more than three (3) individuals
6 who are expert in one (1) or more of the fields of data processing, mechanical
7 engineering and public administration. The compensation of these assistants
8 shall be paid by the person submitting the machine or vote tally system.
9 (3) Within thirty (30) days after completing the examination and approval
10 of any voting machine or vote tally system the secretary of state shall make
11 and file in his office his report on the machine or vote tally system,
12 together with a written or printed description and drawings and photographs
13 clearly identifying the machine or vote tally system and the operation
14 thereof. As soon as practicable after such filing, the secretary of state upon
15 request shall send a copy of the report to any governing body within the
16 state.
17 (4) Any voting machine or vote tally system that receives the approval of
18 the secretary of state may be used for conducting elections in this state. Any
19 machine or vote tally system that does not receive such approval shall not be
20 adopted for or used at any election. After a voting machine or vote tally sys-
21 tem has been approved by the secretary of state, any change or improvement in
22 the machine or vote tally system that does not impair its accuracy, efficiency
23 or capacity shall not render necessary a reexamination or reapproval of the
24 machine or vote tally system.
25 SECTION 8. That Section 34-2428, Idaho Code, be, and the same is hereby
26 repealed.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Danielson
Seconded by Sorensen
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 206
1 AMENDMENTS TO THE BILL
2 On page 1 of the printed bill, delete lines 16 through 34 and in line 35,
3 delete "SECTION 2" and insert: "SECTION 1".
4 On page 2, delete lines 9 through 28; and in line 29, delete "SECTION 5"
5 and insert: "SECTION 2".
6 On page 3, in line 4, delete "SECTION 6" and insert: "SECTION 3"; and in
7 line 40, delete "SECTION 7" and insert: "SECTION 4".
8 On page 4, in line 25, delete "SECTION 8" and insert: "SECTION 5".
9 CORRECTION TO TITLE
10 On page 1, delete lines 2 through 9, and insert: "RELATING TO ADMINISTRA-
11 TION OF ELECTIONS; AMENDING SECTION 34-702A, IDAHO CODE, TO GOVERN THE METHOD
12 OF WRITE-IN VOTES ON OPTICAL SCAN BALLOTS; AMENDING SECTION 34-904, IDAHO".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 206, As Amended in the Senate
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ADMINISTRATION OF ELECTIONS; AMENDING SECTION 34-702A, IDAHO CODE,
3 TO GOVERN THE METHOD OF WRITE-IN VOTES ON OPTICAL SCAN BALLOTS; AMENDING
4 SECTION 34-904, IDAHO CODE, TO AUTHORIZE A SEPARATE BALLOT FOR THE OFFICE
5 OF PRECINCT COMMITTEEMAN; AMENDING SECTION 34-2401, IDAHO CODE, TO FURTHER
6 DEFINE A VOTING MACHINE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
7 TION 34-2409, IDAHO CODE, TO PROVIDE ADDITIONAL QUALIFICATIONS FOR VOTING
8 MACHINES AND TO MAKE TECHNICAL CORRECTIONS; AND REPEALING SECTION 34-2428,
9 IDAHO CODE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 34-702A, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 34-702A. DECLARATION OF INTENT FOR WRITE-IN CANDIDATES. No write-in vote
14 for any office in a primary, special, or general election shall be counted
15 unless a declaration of intent has been filed indicating that the person
16 desires the office and is legally qualified to assume the duties of said
17 office if elected. The declaration of intent shall be filed with the secretary
18 of state if for a federal, state, or legislative district office and with the
19 county clerk if for a county office. Such declaration of intent shall be filed
20 not later than fourteen (14) days before the day of election. The secretary of
21 state shall prescribe the form for said declaration.
22 In those counties which utilize optical scan ballots an elector shall not
23 place on the ballot a sticker bearing the name of a person, or use any other
24 method or device, except writing, to vote for a person whose name is not
25 printed on the ballot.
26 SECTION 2. That Section 34-904, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 34-904. PRIMARY ELECTION BALLOTS. There shall be a single primary elec-
29 tion ballot on which the complete ticket of each political party shall be
30 printed; however, a county may use a separate ballot for the office of pre-
31 cinct committeeman. Each political ticket shall be separated from the others
32 by a perforated line that will enable the elector to detach the ticket of the
33 political party voted from those remaining. All candidates who have filed
34 their declarations of candidacy and are subsequently certified shall be listed
35 under the proper office titles on their political party ticket. The secretary
36 of state shall design the primary election ballot to allow for write-in candi-
37 dates under each office title.
38 The office titles shall be listed in order beginning with the highest fed-
39 eral office and ending with precinct offices. The secretary of state has the
40 discretion and authority to arrange the classifications of offices as provided
41 by law.
2
1 It is not necessary to print a primary ballot for a political party which
2 does not have candidates for more than half of the federal or statewide offi-
3 ces on the ballot if no more than one (1) candidate files for nomination by
4 that party for any of the offices on the ballot. The secretary of state shall
5 certify that no primary election is necessary for that party if such is the
6 case and shall certify to the county clerk the names of candidates for that
7 party for the general election ballot only.
8 SECTION 3. That Section 34-2401, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 34-2401. DEFINITIONS. As used in this act chapter:
11 (1) "Ballot" means any material used on which votes are cast for offices
12 and candidates and measures which do not appear on ballot labels or a ballot
13 which is used to record votes which are cast for offices and candidates and
14 measures in a voting system which does not use ballot cards.
15 (2) "Ballot card" means the tabulating card or cards of any size upon
16 which the voter records his vote.
17 (3) "Ballot label" means the cards, papers, booklet or other material
18 containing the names of offices and candidates and measures to be voted on.
19 (4) "Election" means all state, county, city, district and other politi-
20 cal subdivision elections including bond issue elections.
21 (5) "Governing body" means the board of county commissioners of any
22 county or the governing body of any city, district or other political subdivi-
23 sion elections including bond issue elections.
24 (6) "Measure" means a proposed law, act or part of an act of the legisla-
25 tive assembly or amendment to the Idaho Cconstitution of the state of Idaho to
26 be submitted to the people for their approval or rejection at an election.
27 "Measure" also means other propositions which can be submitted to the voters
28 at any election by counties, cities, districts or other political subdivi-
29 sions.
30 (7) "Model" means a mechanically operated model of a portion of the face
31 of the machine illustrating the means of voting.
32 (8) "Precinct" includes all election districts.
33 (9) "Voting machine" means:
34 (a) Any mechanical or electronic device which will record every vote cast
35 by any voter on candidates and measures and which will either internally
36 or externally total all votes cast on that device;
37 (b) Any device into which a ballot card may be inserted and which is so
38 designed and constructed that the vote for any candidate or measure may be
39 indicated by punching or marking the ballot card.
40 (10) "Vote tally system" means one (1) or more pieces of machinery or
41 equipment necessary to examine and tally automatically paper ballots having
42 marks placed thereon by a written mark or by a marking stamp. The examination
43 shall be accomplished by either mark sensing or optical scanning.
44 SECTION 4. That Section 34-2409, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 34-2409. EXAMINATION OF MACHINES BY SECRETARY OF STATE PRIOR TO ADOPTION.
47 (1) The secretary of state shall publicly examine all makes of voting machines
48 or vote tally systems submitted to him and determine whether the machines or
49 vote tally systems comply with the requirements of this act chapter, and can
50 safely be used by voters at elections under the provisions of this act
51 chapter. In order for any voting machine or vote tally system to be certified
3
1 in Idaho it must meet the federal election commission standards and be
2 approved for use by an independent testing authority sanctioned by the
3 national association of state election directors (NASED).
4 (2) Any person owning or interested in a voting machine or vote tally
5 system may submit it to the secretary of state for examination. No examination
6 shall be conducted unless documentation is provided indicating that the vot-
7 ing machine or vote tally system meets the federal election commission stan-
8 dards. For the purpose of assistance in examining the machine or vote tally
9 system the secretary of state may employ not more than three (3) individuals
10 who are expert in one (1) or more of the fields of data processing, mechanical
11 engineering and public administration. The compensation of these assistants
12 shall be paid by the person submitting the machine or vote tally system.
13 (3) Within thirty (30) days after completing the examination and approval
14 of any voting machine or vote tally system the secretary of state shall make
15 and file in his office his report on the machine or vote tally system,
16 together with a written or printed description and drawings and photographs
17 clearly identifying the machine or vote tally system and the operation
18 thereof. As soon as practicable after such filing, the secretary of state upon
19 request shall send a copy of the report to any governing body within the
20 state.
21 (4) Any voting machine or vote tally system that receives the approval of
22 the secretary of state may be used for conducting elections in this state. Any
23 machine or vote tally system that does not receive such approval shall not be
24 adopted for or used at any election. After a voting machine or vote tally sys-
25 tem has been approved by the secretary of state, any change or improvement in
26 the machine or vote tally system that does not impair its accuracy, efficiency
27 or capacity shall not render necessary a reexamination or reapproval of the
28 machine or vote tally system.
29 SECTION 5. That Section 34-2428, Idaho Code, be, and the same is hereby
30 repealed.
STATEMENT OF PURPOSE
RS 10985
This bill amends several sections of the election laws based on
recommendations from the Secretary of State's Voting Systems Task
Force.
The sections being amended deal with not listing the
presidential electors on the ballot and prohibiting the use of
stickers in an optical scan ballot county. Both these changes
are an attempt to reduce ballot clutter and to provide for a
ballot that will not be rejected by a counting system.
Sections 6 and 7 of the bill relate to the approval of voting
machines in the State of Idaho and would allow, for the first
time, the use of electronic voting systems provided that such
voting systems meet the standards set by the Federal Election
Commission.
FISCAL IMPACT
No impact to the State general fund. The counties would have a
minimal decrease in printing costs due to not having to list the
presidential electors.
Contact
Name: Ben Ysursa, Chief Deputy, Secretary of State
Phone: 334-2852
STATEMENT OF PURPOSE/FISCAL IMPACT H 206