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H0289......................................................by STATE AFFAIRS
ABSENTEE BALLOTS - Amends existing law to provide certain requirements for
application for an absentee ballot; and to prohibit distribution of
absentee ballot requests with any return address other than that of the
appropriate county clerk.
02/20 House intro - 1st rdg - to printing
02/21 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. 289
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO APPLICATION FOR ABSENTEE BALLOT; AMENDING SECTION 34-1002, IDAHO
3 CODE, TO PROVIDE CRITERIA TO GOVERN A VALID APPLICATION FOR ABSENTEE BAL-
4 LOT AND TO PROHIBIT DISTRIBUTION OF ABSENTEE BALLOT REQUESTS WITH ANY
5 RETURN ADDRESS OTHER THAN THAT OF THE APPROPRIATE COUNTY CLERK.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 34-1002, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 34-1002. APPLICATION FOR ABSENTEE BALLOT. Any registered elector may make
10 written application to the county clerk, or other proper officer charged by
11 law with the duty of issuing official ballots for such election, for an offi-
12 cial ballot or ballots of the kind or kinds to be voted at the election. The
13 application shall contain the name of the elector, his home address, county,
14 and address to which such ballot shall be forwarded. Any request for an absen-
15 tee ballot that does not contain the elector's name and signature, home
16 address, county and address to which such ballot shall be forwarded is not
17 valid.
18 The application for an absent elector's ballot shall be signed personally
19 by the applicant. The application shall be filed with the county clerk not
20 later than 5:00 P.M. on the day before the election. Application for an absen-
21 tee ballot may be made by using a facsimile machine. In the event a registered
22 elector is unable to vote in person at his designated polling place on the day
23 of election because of an emergency situation which rendered him physically
24 unable, he may nevertheless apply for an absent elector's ballot on the day of
25 election by notifying the county clerk. No person, may, however, be entitled
26 to vote under an emergency situation unless the situation claimed rendered him
27 physically unable to vote at his designated polling place within forty-eight
28 (48) hours prior to the closing of the polls.
29 No person, organization or association may distribute absentee ballot
30 applications within this state that contain any return address other than that
31 of the appropriate county clerk.
32 A person may make application for an absent elector's ballot by use of a
33 properly executed federal post card application as provided for in the laws of
34 the United States known as Uniformed and Overseas Citizens Absentee Voting Act
35 (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed federal post card
36 application (F.P.C.A.), if received prior to the primary election, shall be
37 considered as a request for an absent elector's ballot for both the primary
38 and general election. The issuing officer shall keep as a part of the records
39 of his office a list of all applications so received and of the manner and
40 time of delivery or mailing to and receipt of returned ballot.
STATEMENT OF PURPOSE
RS RS11080c1
This legislation provides that absentee ballot applications
distributed within the state by any person, organization or
association, must contain only the return address of the
appropriate county clerk.
FISCAL IMPACT
There would be no fiscal impact to the state or counties.
Contact
Name: Rep. Wendy Jaquet
Phone: 332 1130
STATEMENT OF PURPOSE/FISCAL NOTE H 28