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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
|||| 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
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