Print Friendly HOUSE BILL NO. 503 – Cities, election laws
HOUSE BILL NO. 503
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN 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.
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
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 election reg-
40 ister record and poll book" is the book containing a listing of registered
41 electors who are qualified to appear and vote at the designated polling
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.
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 city council clerk shall, no
14 later than September 15 in a general election year and at least forty-five
15 (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 city council clerk
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 city council clerk 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. APPOINTMENT AND COMPENSATION OF ELECTION JUDGES AND CLERKS. The
28 city council clerk in each city , at a regular meeting in the month preceding
29 an 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
36 shall be determined by the city council at time of appointment and shall be
37 not less than the minimum wage as prescribed by federal laws of the state of
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. The
47 city clerk shall correct the election register following the canvass of the
48 ballot by contacting the person whose name was challenged to ascertain if
1 information given by the challenger is correct before making any change on the
2 registration card The 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 prepare two (2) election record and poll books for each election precinct from
10 the election register. The election record and poll book shall be alphabetical
11 according to name of the registered elector and shall include the residence
12 address of the elector and 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 by petition declaration.
18 The nominating petition declaration 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 number
21 of registered qualified electors required to sign a petition of nomination
22 shall be one (1) per each one hundred (100) population or fraction thereof but
23 in 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 petitions The 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 OF PETITION -- DECLARATION OF CANDIDACY. Petitions of nomi-
35 nation Declarations of candidacy and petitions of candidacy shall read sub-
36 stantially as herein set forth. Any number of separate petitions of nomination
37 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
41 PETITION OF NOMINATION
42 This petition of nomination, if found insufficient, shall be returned to
43 (Name) , at Street, City of , Idaho.
44 DECLARATION OF CANDIDACY
45 I, the undersigned, being affirm 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
1 be voted for at the election to be held on the .... day of .....,
2 19 ...., and certify that I possess the legal qualifications to fill said
3 office, and that my post-office residence address is
7 Subscribed and sworn to before me this .... day of ........,
8 19 .....
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.
24 We I, 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 in a the
27 petition for the nomination of .............., whose residence
28 is at (Number) (Street) , (City) for the office of
29 for the term of years, a candidate for the office of
30 ................. to be voted at the general city election to be held in the
31 City of on the .... day of ........, 19-- .... , and do
32 further certify that we are registered qualified electors and are not at this
33 time the signers of any other petitions nominating any other candidate for the
34 above-named office, or in case there are several positions to be filled in the
35 above-named office, that we have not signed more petitions than there are
36 positions to be filled in the above-named office.
37 (Signed) (Name - printed) (Address)
41 Signature of Petitioner Printed Name Residence Address Date Signed
42 ....................... ............ ................. ...........
43 ....................... ............ ................. ...........
44 ....................... ............ ................. ...........
45 ....................... ............ ................. ...........
46 ....................... ............ ................. ...........
47 ....................... ............ ................. ...........
48 ....................... ............ ................. ...........
49 ....................... ............ ................. ...........
50 ....................... ............ ................. ...........
51 ....................... ............ ................. ...........
52 ....................... ............ ................. ...........
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 FILING PETITIONS DECLARATIONS. All petitions
20 declarations of nomination candidacy for elective city offices shall be filed
21 with the clerk of the respective city wherein the elections are to be held,
22 not more than sixty (60) or less than forty (40) days, including Sundays and
23 holidays earlier 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 of
25 nomination is presented for filing to the city clerk, he shall forthwith exam-
26 ine the same and ascertain whether it conforms to the provisions of chapter 4,
27 title 50, Idaho Code. If found not sufficient, he shall immediately, in writ-
28 ing, designate on said nominating petition the defect, omission or reason why
29 such petition is insufficient and shall return the same to the person named as
30 the person to whom the petition may be returned in accordance with section
31 50-431, Idaho Code. The petition may then be amended and again presented to
32 the clerk if within the time allowed for filing such, as in the first
33 instance. The clerk shall forthwith proceed to examine the amended petition as
34 hereinbefore provided for the original petition. If either the original or the
35 amended form of petition be found sufficient, the clerk shall file the same,
36 endorsing thereon the date and time upon which the petition was accepted by
37 him Signatures 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 any nominating petitions declarations of candidacy after 5:00
44 p.m. on the final day for filing petitions sixth 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
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
1 city council clerk 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 then
4 the notice of election may be posted in three (3) public places in each voting
5 precinct. The notice shall state the date of the election, the polling place
6 in each precinct, the hours during which the polls shall be open for the pur-
7 pose 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 ballots will may 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 within five seven ( 57) days of the election. If
49 the official city newspaper is not published in the city then the sample bal-
50 lot may be posted in three (3) public places in each voting precinct.
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
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 record
20 that 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 time of his election
25 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-
1 fied elector at the time of election his 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
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, there may shall 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 time as prescribed by the city within 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
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
There is no fiscal impact on state and county governments, and
marginal financial savings for city governments.
Name: Representative Jim Clark
STATEMENT OF PURPOSE/FISCAL NOTE H 503