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H0207aa....................................................by STATE AFFAIRS
ABSENTEE BALLOTS - Amends existing law to specify a time when an
application for an absentee ballot must have been received; and to provide
for the counting of absentee ballots received on election day.
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
03/01 To Gen Ord
03/02 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 68-0-2
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman,
Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Denney, Sellman
Floor Sponsor -- Ellsworth
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to St Aff
03/19 Rpt out - rec d/p - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/21 3rd rdg as amen - ret'd to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 207
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ABSENTEE BALLOTS; AMENDING SECTION 34-1002, IDAHO CODE, TO SPECIFY
3 A TIME WHEN AN APPLICATION SHALL HAVE BEEN RECEIVED AND TO MAKE TECHNICAL
4 CORRECTIONS; AND AMENDING SECTION 34-1007, IDAHO CODE, TO GOVERN THE
5 COUNTING OF ABSENTEE BALLOTS RECEIVED ON ELECTION DAY AND TO MAKE TECHNI-
6 CAL CORRECTIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 34-1002, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 34-1002. APPLICATION FOR ABSENTEE BALLOT. Any registered elector may make
11 written application to the county clerk, or other proper officer charged by
12 law with the duty of issuing official ballots for such election, for an offi-
13 cial ballot or ballots of the kind or kinds to be voted at the election. The
14 application shall contain the name of the elector, his home address, county,
15 and address to which such ballot shall be forwarded.
16 The application for an absent elector's ballot shall be signed personally
17 by the applicant. The application shall be filed with received by the county
18 clerk not later than 5:00 Pp.Mm. on the sixth day before the election. An
19 application for in-person absentee voting at the absent electors' polling
20 place described in section 34-1006, Idaho Code, shall be received by the
21 county clerk not later than 8:00 p.m. on the Friday before the election.
22 Application for an absentee ballot may be made by using a facsimile machine.
23 In the event a registered elector is unable to vote in person at his desig-
24 nated polling place on the day of election because of an emergency situation
25 which rendered him physically unable, he may nevertheless apply for an absent
26 elector's ballot on the day of election by notifying the county clerk. No per-
27 son, may, however, be entitled to vote under an emergency situation unless the
28 situation claimed rendered him physically unable to vote at his designated
29 polling place within forty-eight (48) hours prior to the closing of the polls.
30 A person may make application for an absent elector's ballot by use of a
31 properly executed federal post card application as provided for in the laws of
32 the United States known as Uniformed and Overseas Citizens Absentee Voting Act
33 (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed federal post card
34 application (F.P.C.A.), if received prior to the primary election, shall be
35 considered as a request for an absent elector's ballot for both the primary
36 and general elections. The issuing officer shall keep as a part of the records
37 of his office a list of all applications so received and of the manner and
38 time of delivery or mailing to and receipt of returned ballots.
39 SECTION 2. That Section 34-1007, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 34-1007. TRANSMISSION OF ABSENTEE BALLOTS TO POLLS. On receipt of such
2
1 absent elector's ballot or ballots, the officer receiving them shall forthwith
2 inclose enclose the same, unopened in a carrier envelope indorsed endorsed
3 with the name and official title of such officer and the words: "absent elec-
4 tors' ballot to be opened only at the polls." He shall hold the same until the
5 delivery of the official ballots to the judges of election of the precinct in
6 which the elector resides and shall deliver the ballot or ballots to the
7 judges with such official ballots.
8 In those counties which count ballots at a central location, absentee bal-
9 lots that are received on election day may, at the discretion of the county
10 clerk, be retained in a secure place in the clerk's office and such ballots
11 shall be added to the precinct returns at the time of ballot tabulation.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Langford
Seconded by Ellsworth
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 207
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 25, delete "which rendered him
3 physically unable" and insert: "which rendered him physically unable"; in line
4 28, delete "physically" and insert: "physically"; and in line 29, delete
5 "forty-eight (48)" and insert: "forty-eight (48) seventy-two (72)".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 207, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ABSENTEE BALLOTS; AMENDING SECTION 34-1002, IDAHO CODE, TO SPECIFY
3 A TIME WHEN AN APPLICATION SHALL HAVE BEEN RECEIVED AND TO MAKE TECHNICAL
4 CORRECTIONS; AND AMENDING SECTION 34-1007, IDAHO CODE, TO GOVERN THE
5 COUNTING OF ABSENTEE BALLOTS RECEIVED ON ELECTION DAY AND TO MAKE TECHNI-
6 CAL CORRECTIONS.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 34-1002, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 34-1002. APPLICATION FOR ABSENTEE BALLOT. Any registered elector may make
11 written application to the county clerk, or other proper officer charged by
12 law with the duty of issuing official ballots for such election, for an offi-
13 cial ballot or ballots of the kind or kinds to be voted at the election. The
14 application shall contain the name of the elector, his home address, county,
15 and address to which such ballot shall be forwarded.
16 The application for an absent elector's ballot shall be signed personally
17 by the applicant. The application shall be filed with received by the county
18 clerk not later than 5:00 Pp.Mm. on the sixth day before the election. An
19 application for in-person absentee voting at the absent electors' polling
20 place described in section 34-1006, Idaho Code, shall be received by the
21 county clerk not later than 8:00 p.m. on the Friday before the election.
22 Application for an absentee ballot may be made by using a facsimile machine.
23 In the event a registered elector is unable to vote in person at his desig-
24 nated polling place on the day of election because of an emergency situation
25 which rendered him physically unable, he may nevertheless apply for an absent
26 elector's ballot on the day of election by notifying the county clerk. No per-
27 son, may, however, be entitled to vote under an emergency situation unless the
28 situation claimed rendered him physically unable to vote at his designated
29 polling place within forty-eight (48) seventy-two (72) hours prior to the
30 closing of the polls.
31 A person may make application for an absent elector's ballot by use of a
32 properly executed federal post card application as provided for in the laws of
33 the United States known as Uniformed and Overseas Citizens Absentee Voting Act
34 (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed federal post card
35 application (F.P.C.A.), if received prior to the primary election, shall be
36 considered as a request for an absent elector's ballot for both the primary
37 and general elections. The issuing officer shall keep as a part of the records
38 of his office a list of all applications so received and of the manner and
39 time of delivery or mailing to and receipt of returned ballots.
40 SECTION 2. That Section 34-1007, Idaho Code, be, and the same is hereby
41 amended to read as follows:
2
1 34-1007. TRANSMISSION OF ABSENTEE BALLOTS TO POLLS. On receipt of such
2 absent elector's ballot or ballots, the officer receiving them shall forthwith
3 inclose enclose the same, unopened in a carrier envelope indorsed endorsed
4 with the name and official title of such officer and the words: "absent elec-
5 tors' ballot to be opened only at the polls." He shall hold the same until the
6 delivery of the official ballots to the judges of election of the precinct in
7 which the elector resides and shall deliver the ballot or ballots to the
8 judges with such official ballots.
9 In those counties which count ballots at a central location, absentee bal-
10 lots that are received on election day may, at the discretion of the county
11 clerk, be retained in a secure place in the clerk's office and such ballots
12 shall be added to the precinct returns at the time of ballot tabulation.
STATEMENT OF PURPOSE
RS 10983
The purpose of this legislation is to set a more realistic time
frame for the receipt of absentee ballot requests by the county
clerk and to enhance the accuracy of the poll book at the polling
place on election day. This bill would require that a mail-in
absentee request be received by the county clerk not later than
5:00 P.M. on the sixth day prior to the election. This bill also
provides that in-person absentee voting would end on the Friday
before the election at 8:00 P.M.
Section 2 of the bill would allow a county clerk to retain
absentee ballots received on election day at the clerk's office.
This change puts into statute a procedure that has been accepted
in recent court opinions.
These changes are recommended by the Secretary of State's Voting
Systems Task Force in order to enhance the absentee election
process by providing needed clarification.
FISCAL IMPACT
There will be a minimal impact to the counties for remaining open
until 8:00 P.M. for absentee voting.
Contact
Name: Ben Ysursa, Chief Deputy, Secretary of State
Phone: 334-2852
STATEMENT OF PURPOSE/FISCAL IMPACT H 207