Print Friendly HOUSE BILL NO. 146 – Election/registr/absntee poll place
HOUSE BILL NO. 146
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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
|||| 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
2 RELATING TO ELECTIONS; AMENDING SECTION 34-408, IDAHO CODE, TO CLARIFY THAT
3 ELECTION DAY REGISTRATION IS ALLOWED AT AN ABSENTEE POLLING PLACE; AMEND-
4 ING SECTION 34-416, IDAHO CODE, TO STRIKE REQUIREMENTS FOR A DUPLICATE
5 REGISTRATION CARD; AMENDING SECTION 31-871, IDAHO CODE, TO PROVIDE THAT
6 ELECTION BALLOTS AND TALLY BOOKS ARE TEMPORARY RECORDS; AND REPEALING SEC-
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
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
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
STATEMENT OF PURPOSE
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.
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