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H0470......................................................by STATE AFFAIRS
SCHOOL ELECTIONS - Amends existing law to delete the exemption of school
districts from the uniform election date requirements; and to provide dates
for supplemental maintenance and operation levy elections.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to St Aff
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 55-14-1
AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block,
Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jones, Kellogg,
Kendell, Kunz, Lake, Langford, Loertscher, Mader, McKague, Meyer,
Mortensen, Moyle, Pearce, Pischner, Raybould, Roberts, Sali,
Schaefer, Shepherd, Smith(23), Stevenson, Stone, Trail, Wheeler,
Wood, Young, Mr. Speaker
NAYS -- Bieter, Boe, Cuddy, Henbest, Jaquet, Martinez, Montgomery,
Pomeroy, Ridinger, Robison, Sellman, Smith(33), Smylie, Tilman
Absent and excused -- Callister
Floor Sponsor - Kunz
Title apvd - to Senate
02/05 Senate intro - 1st rdg - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 470
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CONDUCT OF SCHOOL ELECTIONS; AMENDING SECTION 34-106, IDAHO
3 CODE, TO DELETE EXEMPTION OF SCHOOL DISTRICTS, TO PROVIDE DATES FOR SUP-
4 PLEMENTAL MAINTENANCE AND OPERATION LEVY ELECTIONS AND TO MAKE TECHNICAL
5 CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 34-106, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
10 standing any other provisions of the law to the contrary, there shall be no
11 more than four (4) elections conducted in any county in any calendar year,
12 except as provided in this section, and except that elections to fill vacan-
13 cies in the United States house of representatives shall be held as provided
14 in the governor's proclamation.
15 (1) The dates on which elections may be conducted are:
16 (a) tThe first Tuesday in February of each year; and
17 (b) tThe fourth Tuesday in May of each year; and
18 (c) tThe first Tuesday in August of each year; and
19 (d) tThe Tuesday following the first Monday in November of each year.
20 (e) In addition to the elections specified in paragraphs (a) through (d)
21 of this subsection, an election on the question of a supplemental mainte-
22 nance and operation levy, pursuant to section 33-802 4., Idaho Code, may
23 be conducted on the first Tuesday of April, June or September which is
24 thirty-one (31) or more days from the last permitted supplemental mainte-
25 nance and operation levy election date.
26 (f) In addition to the elections specified in paragraphs (a) through (de)
27 of this subsection, an emergency election may be called upon motion of the
28 governing board of a political subdivision. An emergency exists when there
29 is a great public calamity, such as an extraordinary fire, flood, storm,
30 epidemic, or other disaster, or if it is necessary to do emergency work to
31 prepare for a national or local defense, or it is necessary to do emer-
32 gency work to safeguard life, health or property. Such a special election,
33 if conducted by the county clerk, shall be conducted at the expense of the
34 political subdivision submitting the question.
35 (2) Candidates for office elected in February, May or August shall take
36 office on the date specified in the certificate of election but not more than
37 sixty (60) days following the election.
38 (3) Candidates for office elected in November shall take office as pro-
39 vided in the constitution, or on January 1, next succeeding the November elec-
40 tion.
41 (4) The governing board of each political subdivision subject to the pro-
42 visions of this section, which, prior to January 1, 1994, conducted an elec-
43 tion for members of that governing board on a date other than a date permitted
2
1 in subsection (1) of this section, shall establish as the election date for
2 that political subdivision the date authorized in subsection (1) of this sec-
3 tion which falls nearest the date on which elections were previously con-
4 ducted, unless another date is established by law.
5 (5) The secretary of state is authorized to provide such assistance as
6 necessary, and to prescribe any needed rules, regulations or interpretations
7 for the conduct of election authorized under the provisions of this section.
8 (6) School districts governed by title 33, Idaho Code, and wWater dis-
9 tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi-
10 sions of this section.
11 (7) Initiative, referendum and recall elections conducted by any politi-
12 cal subdivision shall be held on the nearest date authorized in subsection (1)
13 of this section which falls more than forty-five (45) days after the clerk of
14 the political subdivision orders that such initiative, referendum or recall
15 election shall be held.
STATEMENT OF PURPOSE
RS 11622C1
It is critical that public confidence in the election process be
maintained at the highest level. Under current law, school elections
may be held on dates that are different from the dates of other
elections. Voters are often confused and do not know when to vote.
In order to provide uniformity and simplicity the election dates
of bonds, plant facility levies and supplemental levies would be
standardized. These statutory changes are intended to increase
voter participation and confidence by making it easier for voters
to identify when they are to vote.
FISCAL IMPACT
There will be no fiscal impact on the general fund of the state.
Contact
Name: Representative Kent Kunz
Phone: 208-332-1120
STATEMENT OF PURPOSE/FISCAL NOTE H 470