2002 Legislation
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HOUSE BILL NO. 661 – Election dates, primary, clarified

HOUSE BILL NO. 661

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H0661......................................................by STATE AFFAIRS
ELECTION DATES - PRIMARY - Amends existing law to provide that the primary
election and presidential primary election shall be held on the fourth
Tuesday in May, except that in any year in which the fourth Tuesday of May
immediately follows Memorial Day, the election shall be held on the Tuesday
one week following the fourth Tuesday in May.
                                                                        
02/19    House intro - 1st rdg - to printing
02/20    Rpt prt - 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. 661
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE DATES WHEN ELECTIONS ARE HELD; AMENDING SECTION 34-102,  IDAHO
  3        CODE,  TO  PROVIDE THE DATE WHEN THE PRIMARY ELECTION AND THE PRESIDENTIAL
  4        PRIMARY ELECTION SHALL BE HELD; AMENDING SECTION 34-106,  IDAHO  CODE,  TO
  5        PROVIDE THE DATE IN MAY WHEN AN ELECTION SHALL BE HELD AND TO MAKE TECHNI-
  6        CAL  CORRECTIONS; AMENDING SECTION 34-601, IDAHO CODE, TO PROVIDE THE DATE
  7        WHEN THE PRIMARY ELECTION AND THE PRESIDENTIAL PRIMARY ELECTION  SHALL  BE
  8        HELD; AND DECLARING AN EMERGENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section  34-102, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        34-102.  "PRIMARY ELECTION" DEFINED -- PURPOSES. "Primary election"  means
 13    an election held for the purpose of nominating persons as candidates of polit-
 14    ical  parties for election to offices, and for the purpose of electing persons
 15    as members of the controlling committees of political parties.  Primary  elec-
 16    tions  shall  be  held on the fourth Tuesday of May in each even-numbered year
 17    except that in any year in which the fourth Tuesday of May immediately follows
 18    Memorial Day, the election shall be held on the Tuesday one (1) week following
 19    the fourth Tuesday.
 20        "Presidential primary" or "presidential preference primary" means an elec-
 21    tion held for the purpose of allowing voters to express their choice for  can-
 22    didates  for nominations for president of the United States. Presidential pri-
 23    mary elections shall be held in conjunction with the primary election, on  the
 24    fourth  Tuesday  of  May in each presidential election year except that in any
 25    year in which the fourth Tuesday of May immediately follows Memorial Day,  the
 26    election  shall be held on the Tuesday one (1) week following the fourth Tues-
 27    day.
                                                                        
 28        SECTION 2.  That Section 34-106, Idaho Code, be, and the  same  is  hereby
 29    amended to read as follows:
                                                                        
 30        34-106.  LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
 31    standing  any  other  provisions of the law to the contrary, there shall be no
 32    more than four (4) elections conducted in any county  in  any  calendar  year,
 33    except  as  provided in this section, and except that elections to fill vacan-
 34    cies in the United States house of representatives shall be held  as  provided
 35    in the governor's proclamation.
 36        (1)  The dates on which elections may be conducted are:
 37        (a)  tThe first Tuesday in February of each year; and
 38        (b)  tThe  fourth  Tuesday  in May of each year except that in any year in
 39        which the fourth Tuesday of May  immediately  follows  Memorial  Day,  the
 40        election  shall  be  held on the Tuesday one (1) week following the fourth
 41        Tuesday; and
                                                                        
                                           2
                                                                        
  1        (c)  tThe first Tuesday in August of each year; and
  2        (d)  tThe Tuesday following the first Monday in November of each year.
  3        (e)  In addition to the elections specified in paragraphs (a) through  (d)
  4        of this subsection, an emergency election may be called upon motion of the
  5        governing board of a political subdivision. An emergency exists when there
  6        is  a  great public calamity, such as an extraordinary fire, flood, storm,
  7        epidemic, or other disaster, or if it is necessary to do emergency work to
  8        prepare for a national or local defense, or it is necessary  to  do  emer-
  9        gency work to safeguard life, health or property. Such a special election,
 10        if conducted by the county clerk, shall be conducted at the expense of the
 11        political subdivision submitting the question.
 12        (2)  Candidates  for  office elected in February, May or August shall take
 13    office on the date specified in the certificate of election but not more  than
 14    sixty (60) days following the election.
 15        (3)  Candidates  for  office elected in November shall take office as pro-
 16    vided in the constitution, or on January 1, next succeeding the November elec-
 17    tion.
 18        (4)  The governing board of each political subdivision subject to the pro-
 19    visions of this section, which, prior to January 1, 1994, conducted  an  elec-
 20    tion for members of that governing board on a date other than a date permitted
 21    in  subsection  (1)  of this section, shall establish as the election date for
 22    that political subdivision the date authorized in subsection (1) of this  sec-
 23    tion  which  falls  nearest  the  date on which elections were previously con-
 24    ducted, unless another date is established by law.
 25        (5)  The secretary of state is authorized to provide  such  assistance  as
 26    necessary,  and  to prescribe any needed rules, regulations or interpretations
 27    for the conduct of election authorized under the provisions of this section.
 28        (6)  School districts governed by title 33, Idaho  Code,  and  water  dis-
 29    tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi-
 30    sions of this section.
 31        (7)  Initiative,  referendum and recall elections conducted by any politi-
 32    cal subdivision shall be held on the nearest date authorized in subsection (1)
 33    of this section which falls more than forty-five (45) days after the clerk  of
 34    the  political  subdivision  orders that such initiative, referendum or recall
 35    election shall be held.
                                                                        
 36        SECTION 3.  That Section 34-601, Idaho Code, be, and the  same  is  hereby
 37    amended to read as follows:
                                                                        
 38        34-601.  DATES  ON  WHICH ELECTIONS SHALL BE HELD. Elections shall be held
 39    in this state on the following dates or times:
 40        (1)  A primary election shall be held on the fourth Tuesday in May,  1980,
 41    and  every two (2) years thereafter on the above-mentioned Tuesday except that
 42    in any year in which the fourth Tuesday of May  immediately  follows  Memorial
 43    Day,  the  election  shall  be  held on the Tuesday one (1) week following the
 44    fourth Tuesday.
 45        (2)  A general election shall be held on the first Tuesday after the first
 46    Monday of November, 1972, and every two (2) years thereafter on the above-men-
 47    tioned Tuesday.
 48        (3)  Special state elections shall be held on the  dates  ordered  by  the
 49    governor's proclamation, or as otherwise provided by law.
 50        (4)  A  presidential primary shall be held in conjunction with the primary
 51    election, on the fourth Tuesday in May, 1980, except that in any year in which
 52    the fourth Tuesday of May immediately follows Memorial Day, the election shall
 53    be held on the Tuesday one (1) week following the fourth  Tuesday,  and  every
                                                                        
                                           3
                                                                        
  1    four (4) years thereafter on the above-mentioned Tuesday.
                                                                        
  2        SECTION  4.  An  emergency  existing  therefor,  which emergency is hereby
  3    declared to exist, this act shall be in full force and effect on and after its
  4    passage and approval.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                              
                          RS 12061
                              
The purpose of this legislation is to provide the date when the
primary and presidential primary elections should be held. In the
case when the fourth Tuesday of May immediately follows Memorial Day,
the election should be held on the next Tuesday, one week later.


                        FISCAL IMPACT
                              
                              
                              
There is no fiscal impact to the general fund.


Contact
Name:  Rep. Elaine Smith
Phone: 332-1130
          
 
         
STATEMENT OF PURPOSE/FISCAL NOTE               H 661