2002 Legislation
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HOUSE BILL NO. 503 – Cities, election laws

HOUSE BILL NO. 503

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H0503......................................................by STATE AFFAIRS
CITIES - ELECTION LAWS - Amends and repeals existing law to bring election
laws governing municipal elections into greater conformity with the laws
governing the state and county elections, including the conduct of the
election by the city clerk, the declaration and petition of candidacy,
notice and deadlines governing elections, and conditions governing when a
runoff election is held.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to St Aff
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/12    3rd rdg - PASSED - 61-0-9
      AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
      Crow, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Higgins, Hornbeck, Jaquet, Kellogg,
      Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague,
      Mortensen, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
      Smylie, Stevenson, Stone, Tilman, Trail, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Cuddy, Harwood, Henbest, Jones, Meyer,
      Montgomery, Moyle, Wheeler
    Floor Sponsor - Clark
    Title apvd - to Senate
02/13    Senate intro - 1st rdg - to St Aff
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/28    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
03/01    To enrol
03/04    Rpt enrol - Sp signed
03/05    Pres signed
03/06    To Governor
03/11    Governor signed
         Session Law Chapter 75
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 503
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MUNICIPAL ELECTION LAWS; REPEALING SECTIONS 50-426, 50-433, 50-434
  3        AND 50-435, IDAHO CODE; AMENDING SECTION 50-402, IDAHO  CODE,  TO  FURTHER
  4        DEFINE  TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-407,
  5        IDAHO CODE, TO GOVERN ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT FOR THE
  6        CITY; AMENDING SECTION 50-408, IDAHO CODE, TO PROVIDE FOR  DESIGNATION  OF
  7        POLLING  PLACES BY THE CITY CLERK; AMENDING SECTION 50-409, IDAHO CODE, TO
  8        GOVERN APPOINTMENT AND COMPENSATION OF ELECTION JUDGES AND CLERKS;  AMEND-
  9        ING  SECTION  50-427,  IDAHO  CODE, TO GOVERN THE METHOD OF CORRECTING THE
 10        COMBINATION ELECTION RECORD AND POLL BOOK; AMENDING SECTION 50-428,  IDAHO
 11        CODE,  TO  PROVIDE  FOR MAINTENANCE OF THE COMBINATION ELECTION RECORD AND
 12        POLL BOOK; AMENDING SECTION 50-430, IDAHO CODE, TO PROVIDE FOR DECLARATION
 13        OF CANDIDACY; AMENDING SECTION 50-431, IDAHO CODE, TO PROVIDE THE FORM FOR
 14        DECLARATION OF CANDIDACY  AND  PETITION  OF  CANDIDACY;  AMENDING  SECTION
 15        50-432,  IDAHO CODE, TO PROVIDE THE TIME AND MANNER FOR FILING DECLARATION
 16        OF CANDIDACY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION  50-436,
 17        IDAHO  CODE,  TO  GOVERN NOTICE OF ELECTIONS TO BE MADE BY THE CITY CLERK;
 18        AMENDING SECTION 50-439, IDAHO CODE, TO PROVIDE  THAT  PREPARATION  OF   A
 19        SEPARATE  BALLOT FOR SPECIAL ISSUES IS OPTIONAL AND TO MAKE TECHNICAL COR-
 20        RECTIONS; AMENDING SECTION 50-440, IDAHO CODE, TO GOVERN  THE  PREPARATION
 21        OF  SAMPLE  BALLOTS;  AMENDING  SECTION  50-458,  IDAHO  CODE, TO STRIKE A
 22        REQUIREMENT THAT A SECOND ELECTION REGISTER AND  POLL  BOOK  SHALL  RECORD
 23        THAT  AN ELECTOR HAS VOTED; AMENDING SECTION 50-601, IDAHO CODE, TO GOVERN
 24        THE RESIDENCY OF A CANDIDATE FOR THE OFFICE OF MAYOR AT THE TIME OF FILING
 25        HIS DECLARATION OF CANDIDACY OR DECLARATION OF  INTENT;  AMENDING  SECTION
 26        50-612,  IDAHO  CODE,  TO  GOVERN THE NOTICE TO BE GIVEN IN THE EVENT OF A
 27        RUNOFF ELECTION; AMENDING SECTION 50-702, IDAHO CODE, TO GOVERN THE QUALI-
 28        FICATIONS OF A CANDIDATE FOR THE OFFICE OF COUNCILMAN AT THE TIME OF  FIL-
 29        ING  HIS  DECLARATION  OF CANDIDACY OR DECLARATION OF INTENT; AND AMENDING
 30        SECTION 50-707B, IDAHO CODE, TO GOVERN WHEN A  RUNOFF  ELECTION  SHALL  BE
 31        HELD AND TO PROVIDE FOR NOTICE OF A RUNOFF ELECTION.
                                                                        
 32    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 33        SECTION  1.  That  Sections 50-426, 50-433, 50-434 and 50-435, Idaho Code,
 34    be, and the same are hereby repealed.
                                                                        
 35        SECTION 2.  That Section 50-402, Idaho Code, be, and the  same  is  hereby
 36    amended to read as follows:
                                                                        
 37        50-402.  DEFINITIONS.  The  following  words and phrases when used in this
 38    chapter, have the meanings respectively given herein.
 39        (a)  General election. "General election" means the election held  on  the
 40    first  Tuesday  succeeding  the  first Monday in November in each odd-numbered
 41    year at which there shall be chosen all mayors and councilmen as are by law to
 42    be elected in such years.
                                                                        
                                           2
                                                                        
  1        (b)  Special election. "Special election" means any election other than  a
  2    general election held at any time for any purpose provided by law.
  3        (c)  Qualified  elector.  A  "qualified  elector"  means any person who is
  4    eighteen (18) years of age, is a United States citizen and who has resided  in
  5    the  city  at  least  thirty (30) days next preceding the election at which he
  6    desires to vote and who is registered within the time period provided by  law.
  7    A "qualified elector" shall also mean any person who is eighteen (18) years of
  8    age, is a United States citizen, who is a registered voter, and who resides in
  9    an area that the city has annexed pursuant to chapter 2, title 50, Idaho Code,
 10    within thirty (30) days of a city election.
 11        (d)  Residence.
 12        (1)  "Residence"  for  voting  purposes, shall be the principal or primary
 13        home or place of abode of a person. Principal or primary home or place  of
 14        abode  is that home or place in which his habitation is fixed and to which
 15        a person, whenever he is absent, has the present  intention  of  returning
 16        after  a  departure  or  absence  therefrom, regardless of the duration of
 17        absence. In determining what is a principal or primary place of abode of a
 18        person the following circumstances relating to such person  may  be  taken
 19        into account: business pursuits, employment, income sources, residence for
 20        income  or other tax pursuits, residence of parents, spouse, and children,
 21        if any, leaseholds, situs of personal and real property, and motor vehicle
 22        registration.
 23        (2)  A qualified elector shall not be considered to have gained  residence
 24        in  any city of this state into which he comes for temporary purposes only
 25        without the intention of making it his home  but  with  the  intention  of
 26        leaving it when he has accomplished the purpose that brought him there.
 27        (3)  A  qualified  elector  who has left his home and gone to another area
 28        outside the city, for a temporary purpose only shall not be considered  to
 29        have lost his residence.
 30        (4)  If a qualified elector moves outside the city, with the intentions of
 31        making it his permanent home, he shall be considered to have lost his res-
 32        idence in the city.
 33        (e)  Election  official.  "Election official" means the city clerk, regis-
 34    trar, judge of election, clerk of election, or constable engaged in  the  per-
 35    formance of election duties as required by this act.
 36        (f)  Election  register. The "election register" means the voter registra-
 37    tion cards of all electors who are qualified to appear and vote at the  desig-
 38    nated polling places.
 39        (g)  Combination election record and poll book. "Combination election reg-
 40    ister  record  and  poll  book" is the book containing a listing of registered
 41    electors who are qualified to  appear  and  vote  at  the  designated  polling
 42    places.
 43        (h)  Tally book. The "tally book" or "tally list" means the forms in which
 44    the  votes  cast for any candidate or special question are counted and totaled
 45    at the polling precinct.
 46        (i)  Reference to male. All references to the male elector and  male  city
 47    officials  include the female elector and female city officials and the mascu-
 48    line pronoun includes the feminine.
 49        (j)  Computation of time. Calendar days shall be used in all  computations
 50    of time made under the provision of this act. In computing time for any act to
 51    be  done before any election, the first day shall be included and the last, or
 52    election day, shall be excluded. Saturdays, Sundays and legal  holidays  shall
 53    be  included,  but  if the time for any act to be done shall fall on Saturday,
 54    Sunday or a legal holiday, such act shall be done upon the day following  each
 55    Saturday, Sunday or legal holiday.
                                                                        
                                           3
                                                                        
  1        SECTION  3.  That  Section  50-407, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        50-407.  ESTABLISHMENT OF  ELECTION  PRECINCTS.  The  city  council  shall
  4    establish  a  convenient number of election precincts  within their city. Said
  5    precincts shall conform as nearly as possible and practicable  to  the  county
  6    election precincts within the city. The city council may establish an absentee
  7    voting  precinct  for  the city. Voted ballots in the absentee voting precinct
  8    shall be retained by the city clerk until election  day  when  they  shall  be
  9    transferred  to the ballot processing center and thereafter made a part of the
 10    election returns.
                                                                        
 11        SECTION 4.  That Section 50-408, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        50-408.  DESIGNATION  OF  POLLING PLACES. The city council clerk shall, no
 14    later than September 15 in a general election year  and  at  least  forty-five
 15    (45)  not  less  than thirty (30) days before any general or special election,
 16    designate a suitable polling place for each election precinct. Polling  places
 17    shall  conform to the standards established by the secretary of state pursuant
 18    to the authority granted in section 34-302, Idaho Code. The city council clerk
 19    shall have the authority  to  consolidate  established  precincts  within  the
 20    boundaries of the city. Insofar as possible the polling places shall be in the
 21    same location as those provided for county and state elections. If there is no
 22    suitable  polling place within the precinct, the city council clerk may desig-
 23    nate a polling place outside the precinct, but as close and convenient as pos-
 24    sible for the electors of the precinct.
                                                                        
 25        SECTION 5.  That Section 50-409, Idaho Code, be, and the  same  is  hereby
 26    amended to read as follows:
                                                                        
 27        50-409.  APPOINTMENT  AND  COMPENSATION OF ELECTION JUDGES AND CLERKS. The
 28    city council clerk in each city, at a regular meeting in the  month  preceding
 29    an  election, shall appoint an election judge and such clerks as may be neces-
 30    sary for each voting precinct within the city. The election officials shall be
 31    qualified city or county electors. The city clerk shall  notify  the  election
 32    officials of their appointment. within five (5) days following appointment. If
 33    any  election  judge  or clerk fails to report for duty on the day of election
 34    the city clerk shall fill such vacancies from  among  the  qualified  electors
 35    presenting themselves to vote. Compensation for the election judges and clerks
 36    shall  be  determined  by the city council at time of appointment and shall be
 37    not less than the minimum wage as prescribed by federal laws of the  state  of
 38    Idaho.
                                                                        
 39        SECTION  6.  That  Section  50-427, Idaho Code, be, and the same is hereby
 40    amended to read as follows:
                                                                        
 41        50-427.  CHALLENGES OF ENTRIES IN COMBINATION  ELECTION  RECORD  AND  POLL
 42    BOOK.  At  the  time  of an election, any registered elector may challenge the
 43    entry of an elector's name as it appears in the election record and poll book.
 44    Such a challenge will be noted in the remarks column following  the  elector's
 45    name  stating the reason, such as "died," "moved," or "incorrect address." The
 46    elector making the challenge shall sign his name following  the  remarks.  The
 47    city  clerk  shall  correct the election register following the canvass of the
 48    ballot by contacting the person whose name  was  challenged  to  ascertain  if
                                                                        
                                           4
                                                                        
  1    information given by the challenger is correct before making any change on the
  2    registration  card  The  city clerk shall notify the county clerk of all chal-
  3    lenges to the combination election record and poll book.  Corrections  to  the
  4    election   record shall be made by the county clerk  in the manner provided by
  5    section 34-432, Idaho Code.
                                                                        
  6        SECTION 7.  That Section 50-428, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        50-428.  COMBINATION  ELECTION  RECORD AND POLL BOOK. The city clerk shall
  9    prepare two (2) election record and poll books for each election precinct from
 10    the election register. The election record and poll book shall be alphabetical
 11    according to name of the registered elector and shall  include  the  residence
 12    address  of  the elector and maintain the combination election record and poll
 13    book as provided in section 34-111, Idaho Code.
                                                                        
 14        SECTION 8.  That Section 50-430, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        50-430.  METHOD  OF  NOMINATION  -- CLERK TO FURNISH PRINTED FORMS. Candi-
 17    dates for elective city offices shall be nominated  by  petition  declaration.
 18    The  nominating petition declaration shall contain the name and address of the
 19    person  and  the  office  and  the term for which he is being nominated. There
 20    shall be no mention relating to party or principal of the nominee. The  number
 21    of  registered  qualified  electors  required to sign a petition of nomination
 22    shall be one (1) per each one hundred (100) population or fraction thereof but
 23    in no case to be less than three (3) nor more than forty  (40)  The  completed
 24    declaration  of candidacy shall be accompanied by: (1) a petition of candidacy
 25    signed by not less than five (5) registered qualified electors; or (2) a  non-
 26    refundable  filing  fee  of forty dollars ($40.00) which shall be deposited in
 27    the city treasury.
 28        It shall be the duty of the city clerk to furnish upon application a  rea-
 29    sonable number of regular printed forms, as herein set forth, to any person or
 30    persons  applying therefor. Nominating petitions The forms shall be of uniform
 31    size as determined by the clerk.
                                                                        
 32        SECTION 9.  That Section 50-431, Idaho Code, be, and the  same  is  hereby
 33    amended to read as follows:
                                                                        
 34        50-431.  FORM  OF PETITION -- DECLARATION OF CANDIDACY. Petitions of nomi-
 35    nation Declarations of candidacy and petitions of candidacy  shall  read  sub-
 36    stantially as herein set forth. Any number of separate petitions of nomination
 37    candidacy  may  be circulated at the same time for any candidate and all peti-
 38    tions for each candidate shall be considered one (1) petition when filed  with
 39    the  city  clerk.  Each  signer  of a petition shall be a registered qualified
 40    elector.
 41                                PETITION OF NOMINATION
 42        This petition of nomination, if found insufficient, shall be  returned  to
 43    (Name)          , at            Street, City of         , Idaho.
                                                                        
 44                               DECLARATION OF CANDIDACY
 45        I,  the  undersigned,  being  affirm that I am a qualified elector  of the
 46    City of          ........., State of Idaho, and that I  have  resided  in  the
 47    city  for at least thirty (30) days. I hereby declare myself to be a candidate
 48    for the office of          .............,  for a term of      ....  years,  to
                                                                        
                                           5
                                                                        
  1    be  voted for at the election to be held on the      .... day of        .....,
  2    19   ...., and certify that I possess the legal qualifications  to  fill  said
  3    office,     and     that     my     post-office     residence    address    is
  4                   ...............
                                                                        
  5                                                          (Signed)                
  6                                                                  ................
  7        Subscribed and sworn to before me this      .... day of          ........,
  8    19   .....
                                                                        
  9                                                                                  
 10                                                                  ................
 11                                                                  Notary Public
 12    State of Idaho,
 13    County of          ........ ss.
 14    City of          .........
                                                                        
 15                                PETITION OF CANDIDACY
 16    OF ...........................................................................
 17                                 (NAME OF CANDIDATE)
 18    FOR OFFICE OF ................................................................
 19        This petition must be filed in the office of the City  Clerk  not  earlier
 20    than 8:00 a.m. on the eighth Friday nor later than 5:00 p.m. on the sixth Fri-
 21    day  immediately  preceding  election  day.  The  submitted petition must have
 22    affixed thereto the names of at least five (5) qualified electors  who  reside
 23    within the appropriate city.
 24        We  I,  the  undersigned,  being  a  qualified  elector  of  the  City  of
 25    ..............,  in  the  State of Idaho, do hereby certify and declare that I
 26    reside at the place set opposite my name and that I do hereby join  in  a  the
 27    petition  for the nomination of                .............., whose residence
 28    is at (Number)      (Street)         , (City)             for  the  office  of
 29                for  the  term  of      years,  a  candidate  for  the  office  of
 30    .................  to  be voted at the general city election to be held in the
 31    City of          on the      .... day of          ........, 19-- ...., and  do
 32    further  certify that we are registered qualified electors and are not at this
 33    time the signers of any other petitions nominating any other candidate for the
 34    above-named office, or in case there are several positions to be filled in the
 35    above-named office, that we have not signed  more  petitions  than  there  are
 36    positions to be filled in the above-named office.
 37    (Signed)          (Name - printed)        (Address)
 38                                                        
 39                                                        
 40                                                        
 41    Signature of Petitioner  Printed Name  Residence Address  Date Signed
 42    .......................  ............  .................  ...........
 43    .......................  ............  .................  ...........
 44    .......................  ............  .................  ...........
 45    .......................  ............  .................  ...........
 46    .......................  ............  .................  ...........
 47    .......................  ............  .................  ...........
 48    .......................  ............  .................  ...........
 49    .......................  ............  .................  ...........
 50    .......................  ............  .................  ...........
 51    .......................  ............  .................  ...........
 52    .......................  ............  .................  ...........
                                                                        
                                           6
                                                                        
  1    .......................  ............  .................  ...........
  2    STATE OF IDAHO
  3    County of ....................
  4        I,  ......................, being first duly sworn, say: That I am a resi-
  5    dent of the State of Idaho and at least eighteen (18) years of age; that every
  6    person who signed this sheet of the foregoing petition signed his or her  name
  7    thereto  in my presence; I believe that each has stated his or her name, resi-
  8    dence address correctly, that each signer is a qualified elector of the  State
  9    of Idaho, and the City of ....................
 10                                      Signed .....................................
 11                                      Address ....................................
 12               Subscribed and sworn to before me this ...... day of ......., .....
 13                         Signed Notary Public ....................................
 14                         Residing at .............................................
 15                         Commission expires ......................................
                                                                        
 16    (Notary Seal)
                                                                        
 17        SECTION  10.  That  Section 50-432, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        50-432.  TIME AND MANNER OF FILING PETITIONS DECLARATIONS.  All  petitions
 20    declarations  of nomination candidacy for elective city offices shall be filed
 21    with the clerk of the respective city wherein the elections are  to  be  held,
 22    not  more  than sixty (60) or less than forty (40) days, including Sundays and
 23    holidays earlier than 8:00 a.m. on the eighth Friday nor later than 5:00  p.m.
 24    on  the sixth Friday, immediately preceding election day. When the petition of
 25    nomination is presented for filing to the city clerk, he shall forthwith exam-
 26    ine the same and ascertain whether it conforms to the provisions of chapter 4,
 27    title 50, Idaho Code. If found not sufficient, he shall immediately, in  writ-
 28    ing,  designate on said nominating petition the defect, omission or reason why
 29    such petition is insufficient and shall return the same to the person named as
 30    the person to whom the petition may be returned  in  accordance  with  section
 31    50-431,  Idaho  Code.  The petition may then be amended and again presented to
 32    the clerk if within the  time  allowed  for  filing  such,  as  in  the  first
 33    instance. The clerk shall forthwith proceed to examine the amended petition as
 34    hereinbefore provided for the original petition. If either the original or the
 35    amended  form  of petition be found sufficient, the clerk shall file the same,
 36    endorsing thereon the date and time upon which the petition  was  accepted  by
 37    him Signatures on petitions of candidacy shall be verified by the county clerk
 38    in  the  manner described in section 34-1807, Idaho Code, except that the city
 39    clerk shall stand in place of the secretary of state. Before  any  declaration
 40    of  candidacy  and  filing  fee  or petition of candidacy mentioned in section
 41    50-431, Idaho Code, can be filed, the city clerk shall ascertain that it  con-
 42    forms  to  the  provisions  of chapter 4, title 50, Idaho Code. The city clerk
 43    shall not accept any nominating petitions declarations of candidacy after 5:00
 44    p.m. on the final day for filing petitions sixth Friday immediately  preceding
 45    election  day. Write-in candidates shall be governed by section 34-702A, Idaho
 46    Code, but shall file the declarations required in that section with  the  city
 47    clerk.
                                                                        
 48        SECTION  11.  That  Section 50-436, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        50-436.  NOTICE OF ELECTION -- CONTENTS -- PUBLICATION. AND  POSTING.  The
                                                                        
                                           7
                                                                        
  1    city  council clerk shall give notice for any general or special city election
  2    by publishing such notice in at least two (2) issues of the official newspaper
  3    of the city. If the official city newspaper is not published in the city  then
  4    the notice of election may be posted in three (3) public places in each voting
  5    precinct.  The  notice shall state the date of the election, the polling place
  6    in each precinct, the hours during which the polls shall be open for the  pur-
  7    pose  of voting. The first publication of notice of election shall be made not
  8    less than forty-five (45) days prior to the  election.  The  first  notice  of
  9    election  shall  include  the  name of the city wherein the election  shall be
 10    held, the purpose of the election, the date of the  election,  and  the  hours
 11    during  which  the polls shall be open for the purpose of voting. If the elec-
 12    tion is held for the purpose of electing the mayor and/or members of the  city
 13    council,  the first notice of election shall state that declarations of candi-
 14    dacy are available from the city clerk, and provide the  deadline  for  filing
 15    such declarations with the city clerk. The last publication of notice shall be
 16    made  not less than fifteen (15) days prior to the election. The second notice
 17    of election shall state the date of the election, the purpose of the election,
 18    the polling place in each precinct and the hours during which the polls  shall
 19    be open for the purpose of voting.
                                                                        
 20        SECTION  12.  That  Section 50-439, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        50-439.  PREPARATION AND CONTENTS OF BALLOT. The ballot for each  election
 23    shall  be  prepared  not  less  than twenty-one (21) days prior to the date of
 24    election by the city clerk. Candidates for mayor will be listed first followed
 25    by councilman positions for four (4) years and then two  (2)  year  councilman
 26    positions,  provided,  that in printing the ballots, the position of the names
 27    shall be changed in each office division by placing  the  top  name  for  that
 28    office at the bottom of that division and moving each other name up the column
 29    by one (1) position, as many times as there are candidates in the office divi-
 30    sion  in  which there are the greatest number of candidates. Candidates' names
 31    shall be rotated by precinct for those cities using voting  machines  or  vote
 32    tally  systems.  Nothing shall prevent a voter from writing in the name of any
 33    qualified elector of the city for any office to be filled at  the  said  elec-
 34    tion,  and  the  clerk  in  preparing the ballot shall make provisions for the
 35    writing in of names. Separate ballots will may be used for bond issues,  capi-
 36    tal  improvement levy, recall, referendum, initiative, advisory ballots or any
 37    other measure authorized to be decided by the electorate.
                                                                        
 38        SECTION 13.  That Section 50-440, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        50-440.  SAMPLE BALLOTS. The city clerk shall cause to be printed not less
 41    than fifteen (15) days before the election, sample ballots containing the can-
 42    didates  for  each office, and all measures to be submitted, which sample bal-
 43    lots shall be in the same form as the official ballots to be used, except they
 44    shall have printed thereon the words "sample ballot," and shall be on paper of
 45    a different color than the official ballot, and the clerk shall furnish copies
 46    of the same on application at his office, to anyone  applying  therefor.  Said
 47    sample  ballot  shall be published at least twice in the official newspaper of
 48    the city, the last time to be within  five seven (57) days of the election. If
 49    the official city newspaper is not published in the city then the sample  bal-
 50    lot may be posted in three (3) public places in each voting precinct.
                                                                        
                                           8
                                                                        
  1        SECTION  14.  That  Section 50-458, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        50-458.  SIGNING COMBINATION ELECTION RECORD AND POLL BOOK -- DELIVERY  OF
  4    BALLOT  TO  ELECTOR.  (1) An elector desiring to vote shall state his name and
  5    address to the clerk in charge of the combination  election  record  and  poll
  6    book.
  7        (2)  Before  receiving his ballot, each elector shall sign his name in the
  8    combination election record and poll book following his name therein.
  9        (3)  No person shall knowingly sign his name in the  combination  election
 10    record  and  poll book if his residence address is not within that precinct at
 11    the time of signing.
 12        (4)  If the residence address of a person  contained  in  the  combination
 13    election record and poll book is incorrectly given due to an error in prepara-
 14    tion  of the combination election record and poll book, the judge shall ascer-
 15    tain the correct address and make the necessary correction.
 16        (5)  The elector shall then be given the appropriate  ballots  which  have
 17    been  stamped  with  the  official  election  stamp and shall be given folding
 18    instructions for such ballots.
 19        (6)  A second election register and poll book will be maintained to record
 20    that the elector has voted.
                                                                        
 21        SECTION 15.  That Section 50-601, Idaho Code, be, and the same  is  hereby
 22    amended to read as follows:
                                                                        
 23        50-601.  QUALIFICATIONS.  Any  person shall be eligible to hold the office
 24    of mayor who is a qualified elector of the city at the time  of  his  election
 25    declaration  of  candidacy  or  declaration of intent is submitted to the city
 26    clerk and remains a qualified elector during his term of office.
 27        The term of office of mayor shall be for a period of four (4) years except
 28    as otherwise specifically provided. He shall take office at the  time  and  in
 29    the manner provided for installation of councilmen.
                                                                        
 30        SECTION  16.  That  Section 50-612, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        50-612.  MAJORITY REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city may, by
 33    ordinance, provide that a majority of the votes for any candidate running  for
 34    the  office  of  mayor  shall  be required for election to that office. In the
 35    event that no candidate receives a majority of the votes cast, there shall  be
 36    a  runoff election between the two (2) candidates receiving the highest number
 37    of votes cast. Such runoff election shall be conducted as in the general elec-
 38    tion in a manner and at such time, within thirty  (30)  days  of  the  general
 39    election,  as  prescribed  by the city and shall be exempt from the limitation
 40    upon elections provided in sections 34-106 and 50-429, Idaho Code.  The  first
 41    notice  of  election shall be made by the city clerk not less than twenty (20)
 42    days next preceding any runoff election, and the designation of polling places
 43    shall be made by the city clerk not less than twenty (20) days next  preceding
 44    any runoff election.
                                                                        
 45        SECTION  17.  That  Section 50-702, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        50-702.  QUALIFICATION OF COUNCILMEN -- TERMS -- INSTALLATION. Any  person
 48    shall be eligible to hold the office of councilman of his city who is a quali-
                                                                        
                                           9
                                                                        
  1    fied  elector at the time of election his declaration of candidacy or declara-
  2    tion of intent is submitted to the city clerk, and remains a qualified elector
  3    under the constitution and laws of the state of Idaho. Each councilman elected
  4    at a general city election, except as otherwise specifically  provided,  shall
  5    hold  office  for a term of four (4) years, and until his successor is elected
  6    and qualified. Councilmen  elected at each  general  city  election  shall  be
  7    installed  at  the  first meeting in January following election. The manner of
  8    conducting that meeting shall be as herein set forth and  not  otherwise:  the
  9    incumbents  shall  meet  and conduct such business as may be necessary to con-
 10    clude the fiscal matters of the preceding year; the newly elected  shall  then
 11    subscribe to the oath of office, be presented certificates of election, assume
 12    the  duties  of their position, and conduct such business as may be necessary,
 13    one (1) item of which shall be the election of a member as  president  of  the
 14    council.
                                                                        
 15        SECTION  18.  That Section 50-707B, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        50-707B.  MAJORITY MAY BE REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city
 18    may, by ordinance, provide that a majority of the votes for any candidate run-
 19    ning for a council seat adopted by a city in accordance with section 50-707 or
 20    50-707A, Idaho Code, may be required for election to that office. In the event
 21    no candidate receives a majority of the votes cast, there may shall be a  run-
 22    off  election  between  the two (2) candidates receiving the highest number of
 23    votes cast. Such runoff election shall be conducted as in the general election
 24    in a manner and at such time as prescribed by the city within thirty (30) days
 25    of the general election, as prescribed by the city and shall  be  exempt  from
 26    the  limitation  upon  elections provided in sections 34-106 and 50-429, Idaho
 27    Code. The first notice of election shall be made by the city  clerk  not  less
 28    than  twenty (20) days next preceding any runoff election, and the designation
 29    of polling places shall be made by the city clerk not less  than  twenty  (20)
 30    days next preceding any runoff election.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                          RS 11637C1

The purpose of this legislation is to bring uniformity to city and 
county election procedures (set forth in Chapter 4, Title 50 and 
Title 34, respectively). Currently, the county election law and 
the municipal election law have different provisions, including 
different deadlines, which cause unnecessary confusion for 
candidates and the public. The legislation also includes a number 
of technical corrections to unify provisions of the municipal 
election law.


                         FISCAL IMPACT



There is no fiscal impact on state and county governments, and 
marginal financial savings for city governments.




Contact
Name:	Representative Jim Clark
Phone:	332-1000



STATEMENT OF PURPOSE/FISCAL NOTE		H 503