Print Friendly 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
|||| 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-
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
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-
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
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
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.
There is no fiscal impact to the general fund.
Name: Rep. Elaine Smith
STATEMENT OF PURPOSE/FISCAL NOTE H 661