2001 Legislation
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HOUSE BILL NO. 289 – Absentee ballot applicatns/distrib

HOUSE BILL NO. 289

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                    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