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H0503......................................................by STATE AFFAIRS CITIES - ELECTION LAWS - Amends and repeals existing law to bring election laws governing municipal elections into greater conformity with the laws governing the state and county elections, including the conduct of the election by the city clerk, the declaration and petition of candidacy, notice and deadlines governing elections, and conditions governing when a runoff election is held. 01/30 House intro - 1st rdg - to printing 01/31 Rpt prt - to St Aff 02/06 Rpt out - rec d/p - to 2nd rdg 02/07 2nd rdg - to 3rd rdg 02/12 3rd rdg - PASSED - 61-0-9 AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Higgins, Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Mortensen, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Cuddy, Harwood, Henbest, Jones, Meyer, Montgomery, Moyle, Wheeler Floor Sponsor - Clark Title apvd - to Senate 02/13 Senate intro - 1st rdg - to St Aff 02/21 Rpt out - rec d/p - to 2nd rdg 02/22 2nd rdg - to 3rd rdg 02/28 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- None Floor Sponsor - King-Barrutia Title apvd - to House 03/01 To enrol 03/04 Rpt enrol - Sp signed 03/05 Pres signed 03/06 To Governor 03/11 Governor signed Session Law Chapter 75 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 503 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO MUNICIPAL ELECTION LAWS; REPEALING SECTIONS 50-426, 50-433, 50-434 3 AND 50-435, IDAHO CODE; AMENDING SECTION 50-402, IDAHO CODE, TO FURTHER 4 DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-407, 5 IDAHO CODE, TO GOVERN ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT FOR THE 6 CITY; AMENDING SECTION 50-408, IDAHO CODE, TO PROVIDE FOR DESIGNATION OF 7 POLLING PLACES BY THE CITY CLERK; AMENDING SECTION 50-409, IDAHO CODE, TO 8 GOVERN APPOINTMENT AND COMPENSATION OF ELECTION JUDGES AND CLERKS; AMEND- 9 ING SECTION 50-427, IDAHO CODE, TO GOVERN THE METHOD OF CORRECTING THE 10 COMBINATION ELECTION RECORD AND POLL BOOK; AMENDING SECTION 50-428, IDAHO 11 CODE, TO PROVIDE FOR MAINTENANCE OF THE COMBINATION ELECTION RECORD AND 12 POLL BOOK; AMENDING SECTION 50-430, IDAHO CODE, TO PROVIDE FOR DECLARATION 13 OF CANDIDACY; AMENDING SECTION 50-431, IDAHO CODE, TO PROVIDE THE FORM FOR 14 DECLARATION OF CANDIDACY AND PETITION OF CANDIDACY; AMENDING SECTION 15 50-432, IDAHO CODE, TO PROVIDE THE TIME AND MANNER FOR FILING DECLARATION 16 OF CANDIDACY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-436, 17 IDAHO CODE, TO GOVERN NOTICE OF ELECTIONS TO BE MADE BY THE CITY CLERK; 18 AMENDING SECTION 50-439, IDAHO CODE, TO PROVIDE THAT PREPARATION OF A 19 SEPARATE BALLOT FOR SPECIAL ISSUES IS OPTIONAL AND TO MAKE TECHNICAL COR- 20 RECTIONS; AMENDING SECTION 50-440, IDAHO CODE, TO GOVERN THE PREPARATION 21 OF SAMPLE BALLOTS; AMENDING SECTION 50-458, IDAHO CODE, TO STRIKE A 22 REQUIREMENT THAT A SECOND ELECTION REGISTER AND POLL BOOK SHALL RECORD 23 THAT AN ELECTOR HAS VOTED; AMENDING SECTION 50-601, IDAHO CODE, TO GOVERN 24 THE RESIDENCY OF A CANDIDATE FOR THE OFFICE OF MAYOR AT THE TIME OF FILING 25 HIS DECLARATION OF CANDIDACY OR DECLARATION OF INTENT; AMENDING SECTION 26 50-612, IDAHO CODE, TO GOVERN THE NOTICE TO BE GIVEN IN THE EVENT OF A 27 RUNOFF ELECTION; AMENDING SECTION 50-702, IDAHO CODE, TO GOVERN THE QUALI- 28 FICATIONS OF A CANDIDATE FOR THE OFFICE OF COUNCILMAN AT THE TIME OF FIL- 29 ING HIS DECLARATION OF CANDIDACY OR DECLARATION OF INTENT; AND AMENDING 30 SECTION 50-707B, IDAHO CODE, TO GOVERN WHEN A RUNOFF ELECTION SHALL BE 31 HELD AND TO PROVIDE FOR NOTICE OF A RUNOFF ELECTION. 32 Be It Enacted by the Legislature of the State of Idaho: 33 SECTION 1. That Sections 50-426, 50-433, 50-434 and 50-435, Idaho Code, 34 be, and the same are hereby repealed. 35 SECTION 2. That Section 50-402, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 50-402. DEFINITIONS. The following words and phrases when used in this 38 chapter, have the meanings respectively given herein. 39 (a) General election. "General election" means the election held on the 40 first Tuesday succeeding the first Monday in November in each odd-numbered 41 year at which there shall be chosen all mayors and councilmen as are by law to 42 be elected in such years. 2 1 (b) Special election. "Special election" means any election other than a 2 general election held at any time for any purpose provided by law. 3 (c) Qualified elector. A "qualified elector" means any person who is 4 eighteen (18) years of age, is a United States citizen and who has resided in 5 the city at least thirty (30) days next preceding the election at which he 6 desires to vote and who is registered within the time period provided by law. 7 A "qualified elector" shall also mean any person who is eighteen (18) years of 8 age, is a United States citizen, who is a registered voter, and who resides in 9 an area that the city has annexed pursuant to chapter 2, title 50, Idaho Code, 10 within thirty (30) days of a city election. 11 (d) Residence. 12 (1) "Residence" for voting purposes, shall be the principal or primary 13 home or place of abode of a person. Principal or primary home or place of 14 abode is that home or place in which his habitation is fixed and to which 15 a person, whenever he is absent, has the present intention of returning 16 after a departure or absence therefrom, regardless of the duration of 17 absence. In determining what is a principal or primary place of abode of a 18 person the following circumstances relating to such person may be taken 19 into account: business pursuits, employment, income sources, residence for 20 income or other tax pursuits, residence of parents, spouse, and children, 21 if any, leaseholds, situs of personal and real property, and motor vehicle 22 registration. 23 (2) A qualified elector shall not be considered to have gained residence 24 in any city of this state into which he comes for temporary purposes only 25 without the intention of making it his home but with the intention of 26 leaving it when he has accomplished the purpose that brought him there. 27 (3) A qualified elector who has left his home and gone to another area 28 outside the city, for a temporary purpose only shall not be considered to 29 have lost his residence. 30 (4) If a qualified elector moves outside the city, with the intentions of 31 making it his permanent home, he shall be considered to have lost his res- 32 idence in the city. 33 (e) Election official. "Election official" means the city clerk, regis- 34 trar, judge of election, clerk of election, or constable engaged in the per- 35 formance of election duties as required by this act. 36 (f) Election register. The "election register" means the voter registra- 37 tion cards of all electors who are qualified to appear and vote at the desig- 38 nated polling places. 39 (g) Combination election record and poll book. "Combination electionreg-40isterrecord and poll book" is the book containing a listing of registered 41 electors who are qualified to appear and vote at the designated polling 42 places. 43 (h) Tally book. The "tally book" or "tally list" means the forms in which 44 the votes cast for any candidate or special question are counted and totaled 45 at the polling precinct. 46 (i) Reference to male. All references to the male elector and male city 47 officials include the female elector and female city officials and the mascu- 48 line pronoun includes the feminine. 49 (j) Computation of time. Calendar days shall be used in all computations 50 of time made under the provision of this act. In computing time for any act to 51 be done before any election, the first day shall be included and the last, or 52 election day, shall be excluded. Saturdays, Sundays and legal holidays shall 53 be included, but if the time for any act to be done shall fall on Saturday, 54 Sunday or a legal holiday, such act shall be done upon the day following each 55 Saturday, Sunday or legal holiday. 3 1 SECTION 3. That Section 50-407, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 50-407. ESTABLISHMENT OF ELECTION PRECINCTS. The city council shall 4 establish a convenient number of election precincts within their city. Said 5 precincts shall conform as nearly as possible and practicable to the county 6 election precincts within the city. The city council may establish an absentee 7 voting precinct for the city. Voted ballots in the absentee voting precinct 8 shall be retained by the city clerk until election day when they shall be 9 transferred to the ballot processing center and thereafter made a part of the 10 election returns. 11 SECTION 4. That Section 50-408, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 50-408. DESIGNATION OF POLLING PLACES. The citycouncilclerk shall,no14later than September 15 in a general election year and at least forty-five15(45)not less than thirty (30) days before any general or special election, 16 designate a suitable polling place for each election precinct. Polling places 17 shall conform to the standards established by the secretary of state pursuant 18 to the authority granted in section 34-302, Idaho Code. The citycouncilclerk 19 shall have the authority to consolidate established precincts within the 20 boundaries of the city. Insofar as possible the polling places shall be in the 21 same location as those provided for county and state elections. If there is no 22 suitable polling place within the precinct, the citycouncilclerk may desig- 23 nate a polling place outside the precinct, but as close and convenient as pos- 24 sible for the electors of the precinct. 25 SECTION 5. That Section 50-409, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 50-409. APPOINTMENTAND COMPENSATIONOF ELECTION JUDGES AND CLERKS. The 28 citycouncilclerk in each city, at a regular meeting in the month preceding29an election,shall appoint an election judge and such clerks as may be neces- 30 sary for each voting precinct within the city. The election officials shall be 31 qualified city or county electors. The city clerk shall notify the election 32 officials of their appointment.within five (5) days following appointment.If 33 any election judge or clerk fails to report for duty on the day of election 34 the city clerk shall fill such vacancies from among the qualified electors 35 presenting themselves to vote. Compensation for the election judges and clerks 36shall be determined by the city council at time of appointment andshall be 37 not less than the minimum wage as prescribed byfederallaws of the state of 38 Idaho. 39 SECTION 6. That Section 50-427, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 50-427. CHALLENGES OF ENTRIES IN COMBINATION ELECTION RECORD AND POLL 42 BOOK. At the time of an election, any registered elector may challenge the 43 entry of an elector's name as it appears in the election record and poll book. 44 Such a challenge will be noted in the remarks column following the elector's 45 name stating the reason, such as "died," "moved," or "incorrect address." The 46 elector making the challenge shall sign his name following the remarks.The47city clerk shall correct the election register following the canvass of the48ballot by contacting the person whose name was challenged to ascertain if4 1information given by the challenger is correct before making any change on the2registration cardThe city clerk shall notify the county clerk of all chal- 3 lenges to the combination election record and poll book. Corrections to the 4 election record shall be made by the county clerk in the manner provided by 5 section 34-432, Idaho Code. 6 SECTION 7. That Section 50-428, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 50-428. COMBINATION ELECTION RECORD AND POLL BOOK. The city clerk shall 9 preparetwo (2) election record and poll books for each election precinct from10the election register. The election record and poll book shall be alphabetical11according to name of the registered elector and shall include the residence12address of the electorand maintain the combination election record and poll 13 book as provided in section 34-111, Idaho Code. 14 SECTION 8. That Section 50-430, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 50-430. METHOD OF NOMINATION -- CLERK TO FURNISH PRINTED FORMS. Candi- 17 dates for elective city offices shall be nominated bypetitiondeclaration. 18 Thenominating petitiondeclaration shall contain the name and address of the 19 person and the office and the term for which he is being nominated. There 20 shall be no mention relating to party or principal of the nominee.The number21of registered qualified electors required to sign a petition of nomination22shall be one (1) per each one hundred (100) population or fraction thereof but23in no case to be less than three (3) nor more than forty (40)The completed 24 declaration of candidacy shall be accompanied by: (1) a petition of candidacy 25 signed by not less than five (5) registered qualified electors; or (2) a non- 26 refundable filing fee of forty dollars ($40.00) which shall be deposited in 27 the city treasury. 28 It shall be the duty of the city clerk to furnish upon application a rea- 29 sonable number of regular printed forms, as herein set forth, to any person or 30 persons applying therefor.Nominating petitionsThe forms shall be of uniform 31 size as determined by the clerk. 32 SECTION 9. That Section 50-431, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 50-431. FORM OFPETITION --DECLARATION OF CANDIDACY.Petitions of nomi-35nationDeclarations of candidacy and petitions of candidacy shall read sub- 36 stantially as herein set forth. Any number of separate petitions ofnomination37 candidacy may be circulated at the same time for any candidate and all peti- 38 tions for each candidate shall be considered one (1) petition when filed with 39 the city clerk. Each signer of a petition shall be a registered qualified 40 elector. 41PETITION OF NOMINATION42This petition of nomination, if found insufficient, shall be returned to43(Name) , at Street, City of , Idaho.44 DECLARATION OF CANDIDACY 45 I, the undersigned,beingaffirm that I am a qualified elector of the 46 City of........., State of Idaho, and that I have resided in the 47 city for at least thirty (30) days. I hereby declare myself to be a candidate 48 for the office of............., for a term of.... years, to 5 1 be voted for at the election to be held on the.... day of....., 219...., and certify that I possess the legal qualifications to fill said 3 office, and that mypost-officeresidence address is 4............... 5 (Signed)6 ................ 7 Subscribed and sworn to before me this.... day of........, 819..... 910 ................ 11 Notary Public 12 State of Idaho, 13 County of........ ss. 14 City of......... 15 PETITION OF CANDIDACY 16 OF ........................................................................... 17 (NAME OF CANDIDATE) 18 FOR OFFICE OF ................................................................ 19 This petition must be filed in the office of the City Clerk not earlier 20 than 8:00 a.m. on the eighth Friday nor later than 5:00 p.m. on the sixth Fri- 21 day immediately preceding election day. The submitted petition must have 22 affixed thereto the names of at least five (5) qualified electors who reside 23 within the appropriate city. 24WeI, the undersigned, being a qualified elector of the City of 25 .............., in the State of Idaho, do hereby certify and declare that I 26 reside at the place set opposite my name and that I do hereby join inathe 27 petitionfor the nominationof..............,whose residence28is at (Number) (Street) , (City) for the office of29for the term of years, a candidate for the office of 30 ................. to be voted at thegeneral cityelection to be heldin the31City ofon the.... day of........,19--...., and do32further certify that we are registered qualified electors and are not at this33time the signers of any other petitions nominating any other candidate for the34above-named office, or in case there are several positions to be filled in the35above-named office, that we have not signed more petitions than there are36positions to be filled in the above-named office. 37(Signed) (Name - printed) (Address)38394041 Signature of Petitioner Printed Name Residence Address Date Signed 42 ....................... ............ ................. ........... 43 ....................... ............ ................. ........... 44 ....................... ............ ................. ........... 45 ....................... ............ ................. ........... 46 ....................... ............ ................. ........... 47 ....................... ............ ................. ........... 48 ....................... ............ ................. ........... 49 ....................... ............ ................. ........... 50 ....................... ............ ................. ........... 51 ....................... ............ ................. ........... 52 ....................... ............ ................. ........... 6 1 ....................... ............ ................. ........... 2 STATE OF IDAHO 3 County of .................... 4 I, ......................, being first duly sworn, say: That I am a resi- 5 dent of the State of Idaho and at least eighteen (18) years of age; that every 6 person who signed this sheet of the foregoing petition signed his or her name 7 thereto in my presence; I believe that each has stated his or her name, resi- 8 dence address correctly, that each signer is a qualified elector of the State 9 of Idaho, and the City of .................... 10 Signed ..................................... 11 Address .................................... 12 Subscribed and sworn to before me this ...... day of ......., ..... 13 Signed Notary Public .................................... 14 Residing at ............................................. 15 Commission expires ...................................... 16 (Notary Seal) 17 SECTION 10. That Section 50-432, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 50-432. TIME AND MANNER OF FILINGPETITIONSDECLARATIONS. Allpetitions20 declarations ofnominationcandidacy for elective city offices shall be filed 21 with the clerk of the respective city wherein the elections are to be held, 22 notmore than sixty (60) or less than forty (40) days, including Sundays and23holidaysearlier than 8:00 a.m. on the eighth Friday nor later than 5:00 p.m. 24 on the sixth Friday, immediately preceding election day.When the petition of25nomination is presented for filing to the city clerk, he shall forthwith exam-26ine the same and ascertain whether it conforms to the provisions of chapter 4,27title 50, Idaho Code. If found not sufficient, he shall immediately, in writ-28ing, designate on said nominating petition the defect, omission or reason why29such petition is insufficient and shall return the same to the person named as30the person to whom the petition may be returned in accordance with section3150-431, Idaho Code. The petition may then be amended and again presented to32the clerk if within the time allowed for filing such, as in the first33instance. The clerk shall forthwith proceed to examine the amended petition as34hereinbefore provided for the original petition. If either the original or the35amended form of petition be found sufficient, the clerk shall file the same,36endorsing thereon the date and time upon which the petition was accepted by37himSignatures on petitions of candidacy shall be verified by the county clerk 38 in the manner described in section 34-1807, Idaho Code, except that the city 39 clerk shall stand in place of the secretary of state. Before any declaration 40 of candidacy and filing fee or petition of candidacy mentioned in section 41 50-431, Idaho Code, can be filed, the city clerk shall ascertain that it con- 42 forms to the provisions of chapter 4, title 50, Idaho Code. The city clerk 43 shall not accept anynominating petitionsdeclarations of candidacy after 5:00 44 p.m. on thefinal day for filing petitionssixth Friday immediately preceding 45 election day. Write-in candidates shall be governed by section 34-702A, Idaho 46 Code, but shall file the declarations required in that section with the city 47 clerk. 48 SECTION 11. That Section 50-436, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 50-436. NOTICE OF ELECTION -- CONTENTS -- PUBLICATION.AND POSTING.The 7 1 citycouncilclerk shall give notice for any general or special city election 2 by publishing such notice in at least two (2) issues of the official newspaper 3 of the city.If the official city newspaper is not published in the city then4the notice of election may be posted in three (3) public places in each voting5precinct. The notice shall state the date of the election, the polling place6in each precinct, the hours during which the polls shall be open for the pur-7pose of voting.The first publication of notice of election shall be made not 8 less than forty-five (45) days prior to the election. The first notice of 9 election shall include the name of the city wherein the election shall be 10 held, the purpose of the election, the date of the election, and the hours 11 during which the polls shall be open for the purpose of voting. If the elec- 12 tion is held for the purpose of electing the mayor and/or members of the city 13 council, the first notice of election shall state that declarations of candi- 14 dacy are available from the city clerk, and provide the deadline for filing 15 such declarations with the city clerk. The last publication of notice shall be 16 made not less than fifteen (15) days prior to the election. The second notice 17 of election shall state the date of the election, the purpose of the election, 18 the polling place in each precinct and the hours during which the polls shall 19 be open for the purpose of voting. 20 SECTION 12. That Section 50-439, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 50-439. PREPARATION AND CONTENTS OF BALLOT. The ballot for each election 23 shall be prepared not less than twenty-one (21) days prior to the date of 24 election by the city clerk. Candidates for mayor will be listed first followed 25 by councilman positions for four (4) years and then two (2) year councilman 26 positions, provided, that in printing the ballots, the position of the names 27 shall be changed in each office division by placing the top name for that 28 office at the bottom of that division and moving each other name up the column 29 by one (1) position, as many times as there are candidates in the office divi- 30 sion in which there are the greatest number of candidates. Candidates' names 31 shall be rotated by precinct for those cities using voting machines or vote 32 tally systems. Nothing shall prevent a voter from writing in the name of any 33 qualified elector of the city for any office to be filled at the said elec- 34 tion, and the clerk in preparing the ballot shall make provisions for the 35 writing in of names. Separate ballotswillmay be used for bond issues, capi- 36 tal improvement levy, recall, referendum, initiative, advisory ballots or any 37 other measure authorized to be decided by the electorate. 38 SECTION 13. That Section 50-440, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 50-440. SAMPLE BALLOTS. The city clerk shall cause to be printed not less 41 than fifteen (15) days before the election, sample ballots containing the can- 42 didates for each office, and all measures to be submitted, which sample bal- 43 lots shall be in the same form as the official ballots to be used, except they 44 shall have printed thereon the words "sample ballot," and shall be on paper of 45 a different color than the official ballot, and the clerk shall furnish copies 46 of the same on application at his office, to anyone applying therefor. Said 47 sample ballot shall be published at least twice in the official newspaper of 48 the city, the last time to be withinfiveseven (57) days of the election.If49the official city newspaper is not published in the city then the sample bal-50lot may be posted in three (3) public places in each voting precinct.8 1 SECTION 14. That Section 50-458, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 50-458. SIGNING COMBINATION ELECTION RECORD AND POLL BOOK -- DELIVERY OF 4 BALLOT TO ELECTOR. (1) An elector desiring to vote shall state his name and 5 address to the clerk in charge of the combination election record and poll 6 book. 7 (2) Before receiving his ballot, each elector shall sign his name in the 8 combination election record and poll book following his name therein. 9 (3) No person shall knowingly sign his name in the combination election 10 record and poll book if his residence address is not within that precinct at 11 the time of signing. 12 (4) If the residence address of a person contained in the combination 13 election record and poll book is incorrectly given due to an error in prepara- 14 tion of the combination election record and poll book, the judge shall ascer- 15 tain the correct address and make the necessary correction. 16 (5) The elector shall then be given the appropriate ballots which have 17 been stamped with the official election stamp and shall be given folding 18 instructions for such ballots. 19(6) A second election register and poll book will be maintained to record20that the elector has voted.21 SECTION 15. That Section 50-601, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 50-601. QUALIFICATIONS. Any person shall be eligible to hold the office 24 of mayor who is a qualified elector of the city at the timeofhiselection25 declaration of candidacy or declaration of intent is submitted to the city 26 clerk and remains a qualified elector during his term of office. 27 The term of office of mayor shall be for a period of four (4) years except 28 as otherwise specifically provided. He shall take office at the time and in 29 the manner provided for installation of councilmen. 30 SECTION 16. That Section 50-612, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 50-612. MAJORITY REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city may, by 33 ordinance, provide that a majority of the votes for any candidate running for 34 the office of mayor shall be required for election to that office. In the 35 event that no candidate receives a majority of the votes cast, there shall be 36 a runoff election between the two (2) candidates receiving the highest number 37 of votes cast. Such runoff election shall be conducted as in the general elec- 38 tion in a manner and at such time, within thirty (30) days of the general 39 election, as prescribed by the city and shall be exempt from the limitation 40 upon elections provided in sections 34-106 and 50-429, Idaho Code. The first 41 notice of election shall be made by the city clerk not less than twenty (20) 42 days next preceding any runoff election, and the designation of polling places 43 shall be made by the city clerk not less than twenty (20) days next preceding 44 any runoff election. 45 SECTION 17. That Section 50-702, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 50-702. QUALIFICATION OF COUNCILMEN -- TERMS -- INSTALLATION. Any person 48 shall be eligible to hold the office of councilman of his city who is a quali- 9 1 fied elector at the timeof electionhis declaration of candidacy or declara- 2 tion of intent is submitted to the city clerk, and remains a qualified elector 3 under the constitution and laws of the state of Idaho. Each councilman elected 4 at a general city election, except as otherwise specifically provided, shall 5 hold office for a term of four (4) years, and until his successor is elected 6 and qualified. Councilmen elected at each general city election shall be 7 installed at the first meeting in January following election. The manner of 8 conducting that meeting shall be as herein set forth and not otherwise: the 9 incumbents shall meet and conduct such business as may be necessary to con- 10 clude the fiscal matters of the preceding year; the newly elected shall then 11 subscribe to the oath of office, be presented certificates of election, assume 12 the duties of their position, and conduct such business as may be necessary, 13 one (1) item of which shall be the election of a member as president of the 14 council. 15 SECTION 18. That Section 50-707B, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 50-707B. MAJORITY MAY BE REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city 18 may, by ordinance, provide that a majority of the votes for any candidate run- 19 ning for a council seat adopted by a city in accordance with section 50-707 or 20 50-707A, Idaho Code, may be required for election to that office. In the event 21 no candidate receives a majority of the votes cast, theremayshall be a run- 22 off election between the two (2) candidates receiving the highest number of 23 votes cast. Such runoff election shall be conducted as in the general election 24 in a manner and at such timeas prescribed by the citywithin thirty (30) days 25 of the general election, as prescribed by the city and shall be exempt from 26 the limitation upon elections provided in sections 34-106 and 50-429, Idaho 27 Code. The first notice of election shall be made by the city clerk not less 28 than twenty (20) days next preceding any runoff election, and the designation 29 of polling places shall be made by the city clerk not less than twenty (20) 30 days next preceding any runoff election.
STATEMENT OF PURPOSE RS 11637C1 The purpose of this legislation is to bring uniformity to city and county election procedures (set forth in Chapter 4, Title 50 and Title 34, respectively). Currently, the county election law and the municipal election law have different provisions, including different deadlines, which cause unnecessary confusion for candidates and the public. The legislation also includes a number of technical corrections to unify provisions of the municipal election law. FISCAL IMPACT There is no fiscal impact on state and county governments, and marginal financial savings for city governments. Contact Name: Representative Jim Clark Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 503