2002 Legislation
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HOUSE BILL NO. 470 – School elections, dates


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Daily Data Tracking History

H0470......................................................by STATE AFFAIRS
SCHOOL ELECTIONS - Amends existing law to delete the exemption of school
districts from the uniform election date requirements; and to provide dates
for supplemental maintenance and operation levy elections.
01/22    House intro - 1st rdg - to printing
01/23    Rpt prt - to St Aff
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 55-14-1
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block,
      Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jones, Kellogg,
      Kendell, Kunz, Lake, Langford, Loertscher, Mader, McKague, Meyer,
      Mortensen, Moyle, Pearce, Pischner, Raybould, Roberts, Sali,
      Schaefer, Shepherd, Smith(23), Stevenson, Stone, Trail, Wheeler,
      Wood, Young, Mr. Speaker
      NAYS -- Bieter, Boe, Cuddy, Henbest, Jaquet, Martinez, Montgomery,
      Pomeroy, Ridinger, Robison, Sellman, Smith(33), Smylie, Tilman
      Absent and excused -- Callister
    Floor Sponsor - Kunz
    Title apvd - to Senate
02/05    Senate intro - 1st rdg - to St Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 470
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  5        CORRECTIONS.
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section  34-106, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
  9        34-106.  LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
 10    standing any other provisions of the law to the contrary, there  shall  be  no
 11    more  than  four  (4)  elections conducted in any county in any calendar year,
 12    except as provided in this section, and except that elections to  fill  vacan-
 13    cies  in  the United States house of representatives shall be held as provided
 14    in the governor's proclamation.
 15        (1)  The dates on which elections may be conducted are:
 16        (a)  tThe first Tuesday in February of each year; and
 17        (b)  tThe fourth Tuesday in May of each year; and
 18        (c)  tThe first Tuesday in August of each year; and
 19        (d)  tThe Tuesday following the first Monday in November of each year.
 20        (e)  In addition to the elections specified in paragraphs (a) through  (d)
 21        of  this subsection, an election on the question of a supplemental mainte-
 22        nance and operation levy, pursuant to section 33-802 4., Idaho  Code,  may
 23        be  conducted  on  the  first Tuesday of April, June or September which is
 24        thirty-one (31) or more days from the last permitted supplemental  mainte-
 25        nance and operation levy election date.
 26        (f)  In addition to the elections specified in paragraphs (a) through (de)
 27        of this subsection, an emergency election may be called upon motion of the
 28        governing board of a political subdivision. An emergency exists when there
 29        is  a  great public calamity, such as an extraordinary fire, flood, storm,
 30        epidemic, or other disaster, or if it is necessary to do emergency work to
 31        prepare for a national or local defense, or it is necessary  to  do  emer-
 32        gency work to safeguard life, health or property. Such a special election,
 33        if conducted by the county clerk, shall be conducted at the expense of the
 34        political subdivision submitting the question.
 35        (2)  Candidates  for  office elected in February, May or August shall take
 36    office on the date specified in the certificate of election but not more  than
 37    sixty (60) days following the election.
 38        (3)  Candidates  for  office elected in November shall take office as pro-
 39    vided in the constitution, or on January 1, next succeeding the November elec-
 40    tion.
 41        (4)  The governing board of each political subdivision subject to the pro-
 42    visions of this section, which, prior to January 1, 1994, conducted  an  elec-
 43    tion for members of that governing board on a date other than a date permitted
  1    in  subsection  (1)  of this section, shall establish as the election date for
  2    that political subdivision the date authorized in subsection (1) of this  sec-
  3    tion  which  falls  nearest  the  date on which elections were previously con-
  4    ducted, unless another date is established by law.
  5        (5)  The secretary of state is authorized to provide  such  assistance  as
  6    necessary,  and  to prescribe any needed rules, regulations or interpretations
  7    for the conduct of election authorized under the provisions of this section.
  8        (6)  School districts governed by title 33, Idaho Code,  and  wWater  dis-
  9    tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi-
 10    sions of this section.
 11        (7)  Initiative,  referendum and recall elections conducted by any politi-
 12    cal subdivision shall be held on the nearest date authorized in subsection (1)
 13    of this section which falls more than forty-five (45) days after the clerk  of
 14    the  political  subdivision  orders that such initiative, referendum or recall
 15    election shall be held.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 11622C1

It is critical that public confidence in the election process be 
maintained at the highest level.  Under current law, school elections 
may be held on dates that are different from the dates of other 
elections.  Voters are often confused and do not know when to vote.

In order to provide uniformity and simplicity the election dates 
of bonds, plant facility levies and supplemental levies would be 
standardized.  These statutory changes are intended to increase 
voter participation and confidence by making it easier for voters 
to identify when they are to vote.

                          FISCAL IMPACT

There will be no fiscal impact on the general fund of the state.

Name: Representative Kent Kunz 
Phone: 208-332-1120