2002 Legislation
Print Friendly

HOUSE BILL NO. 612 – Elections, absentee voting

HOUSE BILL NO. 612

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN 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 be filed
 25    with received 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  federal  post card postcard 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    eral post card postcard 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 envelope indorsed endorsed 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 be filed with received 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 the
 29    election. 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 / Fiscal Impact


                  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