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H0612......................................................by STATE AFFAIRS ELECTIONS - Amends existing law to provide procedures in general and city elections for mail-in absentee ballots; to provide procedures for in person absentee voting at the absent elector's voting place; to provide that in those counties which count ballots at a central location, absentee ballots that are received on election day may, in the discretion of the county clerk, be retained in a secure place in the clerk's office and the ballots shall be added to the precinct returns at the time of ballot tabulation. 02/11 House intro - 1st rdg - to printing 02/12 Rpt prt - to St Aff 02/19 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 57-2-11 AYES -- Aikele, Barraclough, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellsworth, Eskridge, Field(20), Gould, Hadley, Hammond, Harwood, Higgins, Jaquet, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie, Stone, Tilman, Trail, Wheeler, Wood, Young NAYS -- Barrett, Hornbeck Absent and excused -- Bieter, Callister, Ellis, Field(13), Gagner, Henbest, Jones, Moyle, Sellman, Stevenson, Mr. Speaker Floor Sponsor - Smylie Title apvd - to Senate 02/26 Senate intro - 1st rdg - to St Aff 03/04 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/12 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 03/12 To enrol 03/13 Rpt enrol - Sp signed Pres signed 03/14 To Governor 03/22 Governor signed Session Law Chapter 236 Effective: 03/22/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 612 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ABSENTEE VOTING; AMENDING SECTION 34-1002, IDAHO CODE, TO PROVIDE 3 PROCEDURES FOR MAIL-IN ABSENTEE BALLOTS AND TO PROVIDE PROCEDURES FOR IN 4 PERSON ABSENTEE VOTING AT THE ABSENT ELECTOR'S VOTING PLACE AND TO MAKE 5 TECHNICAL CORRECTIONS; AMENDING SECTION 34-1007, IDAHO CODE, TO PROVIDE 6 THAT IN THOSE COUNTIES WHICH COUNT BALLOTS AT A CENTRAL LOCATION, ABSENTEE 7 BALLOTS THAT ARE RECEIVED ON ELECTION DAY MAY, IN THE DISCRETION OF THE 8 COUNTY CLERK, BE RETAINED IN A SECURE PLACE IN THE CLERK'S OFFICE AND THE 9 BALLOTS SHALL BE ADDED TO THE PRECINCT RETURNS AT THE TIME OF BALLOT TABU- 10 LATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-443, IDAHO 11 CODE, TO PROVIDE PROCEDURES FOR MAIL-IN ABSENTEE BALLOTS, TO PROVIDE PRO- 12 CEDURES FOR IN PERSON ABSENTEE VOTING AT THE ABSENT ELECTOR'S VOTING PLACE 13 AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 34-1002, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 34-1002. APPLICATION FOR ABSENTEE BALLOT. Any registered elector may make 18 written application to the county clerk, or other proper officer charged by 19 law with the duty of issuing official ballots for such election, for an offi- 20 cial ballot or ballots of the kind or kinds to be voted at the election. The 21 application shall contain the name of the elector, his home address, county, 22 and address to which such ballot shall be forwarded. 23 The application for an absent elector's ballot shall be signed personally 24 by the applicant. The application for a mail-in absentee ballot shall befiled25withreceived by the county clerk not later than 5:00P.M.p.m. on the sixth day 26 before the election. An application for in person absentee voting at the 27 absent elector's polling place described in section 34-1006, Idaho Code, shall 28 be received by the county clerk not later than 5:00p.m. on the day before the 29 election. Application for an absentee ballot may be made by using a facsimile 30 machine. In the event a registered elector is unable to vote in person at his 31 designated polling place on the day of election because of an emergency situa- 32 tion which rendered him physically unable, he may nevertheless apply for an 33 absent elector's ballot on the day of election by notifying the county clerk. 34 No person, may, however, be entitled to vote under an emergency situation 35 unless the situation claimed rendered him physically unable to vote at his 36 designated polling place within forty-eight (48) hours prior to the closing of 37 the polls. 38 A person may make application for an absent elector's ballot by use of a 39 properly executed federalpost cardpostcard application as provided for in 40 the laws of the United States known as Uniformed and Overseas Citizens Absen- 41 tee Voting Act (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed fed- 42 eralpost cardpostcard application (F.P.C.A.), if received prior to the pri- 43 mary election, shall be considered as a request for an absent elector's ballot 2 1 for both the primary and general election. The issuing officer shall keep as a 2 part of the records of his office a list of all applications so received and 3 of the manner and time of delivery or mailing to and receipt of returned bal- 4 lot. 5 SECTION 2. That Section 34-1007, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 34-1007. TRANSMISSION OF ABSENTEE BALLOTS TO POLLS. On receipt of such 8 absent elector's ballot or ballots, the officer receiving them shall forthwith 9 inclose the same, unopened in a carrier envelopeindorsedendorsed with the 10 name and official title of such officer and the words: "absent electors' bal- 11 lot to be opened only at the polls." He shall hold the same until the delivery 12 of the official ballots to the judges of election of the precinct in which the 13 elector resides and shall deliver the ballot or ballots to the judges with 14 such official ballots. 15 In those counties which count ballots at a central location, absentee bal- 16 lots that are received on election day may, in the discretion of the county 17 clerk, be retained in a secure place in the clerk's office and such ballots 18 shall be added to the precinct returns at the time of ballot tabulation. 19 SECTION 3. That Section 50-443, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 50-443. APPLICATION FOR ABSENTEE BALLOT. Any registered elector may make 22 written application to the city clerk for an official ballot or ballots of the 23 kind or kinds to be voted at the election. The application shall contain the 24 name of the elector, his home address and address to which such ballot shall 25 be forwarded. The application for an absent elector's ballot shall be signed 26 personally by the applicant. The application for a mail-in absentee ballot 27 shall befiled withreceived by the city clerk not later than 5:00P.M.p.m. on 28 the sixth day before the election.nor earlier than sixty (60) days before the29election.An application for in person absentee voting at the absent elector's 30 polling place described in section 50-448, Idaho Code, shall be received by 31 the city clerk not later than 5:00p.m. on the day before the election. Appli- 32 cation for an absentee ballot may be made by using a facsimile machine. In the 33 event a registered elector is unable to vote in person at his designated poll- 34 ing place on the day of election because of an emergency situation which ren- 35 dered him physically unable, he may nevertheless apply for an absent elector's 36 ballot on the day of election by notifying the city clerk. No person, may, 37 however, be entitled to vote under an emergency situation unless the situation 38 claimed rendered him physically unable to vote at his designated polling place 39 within forty-eight (48) hours prior to the closing of the polls. 40 A person in the United States service may make application for an absent 41 elector's ballot by use of a properly executed federal postcard application as 42 provided for in the laws of the United States known as "Federal Voting Assis- 43 tance Act of 1955." The issuing officer shall keep as a part of the records of 44 his office a list of all applications so received and of the manner and time 45 of delivery or mailing to and receipt of returned ballot. 46 SECTION 4. An emergency existing therefor, which emergency is hereby 47 declared to exist, this act shall be in full force and effect on and after its 48 passage and approval.
STATEMENT OF PURPOSE RS 11783 This legislation is recommended by the Secretary of State’s Election Task Force. It would provide for a definite cutoff date of six (6) days for mail-in absentee ballot requests for both county and city elections. The deadline for in-person absentee voting would be retained at 5:00 p.m. the day before the election. FISCAL IMPACT There is no fiscal impact to the State of Idaho. CONTACT Name: Ben Ysursa Agency: Secretary of State Phone: 334-2852 Statement of Purpose/Fiscal Impact H 612