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H0094.........................................................by STATE AFFAIRS
SCHOOL DISTRICTS - ELECTIONS - Amends existing law to require that school
district elections be held on one of the four dates as provided by law.
01/22 House intro - 1st rdg - to printing
01/23 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 94
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE CONDUCT OF SCHOOL ELECTIONS; AMENDING SECTION 34-106, IDAHO
3 CODE, TO DELETE THE EXEMPTION ALLOWED FOR SCHOOL DISTRICTS TO REQUIRE THAT
4 SCHOOL DISTRICT ELECTIONS BE HELD ON ONE OF THE FOUR DATES AS PROVIDED BY
5 LAW AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 33-503, IDAHO
6 CODE, TO PROVIDE THAT SCHOOL DISTRICT BOARD OF TRUSTEE ELECTIONS SHALL BE
7 HELD ON THE FOURTH TUESDAY IN MAY IN CONFORMANCE WITH SECTION 34-106,
8 IDAHO CODE, AND TO MAKE A TECHNICAL CORRECTION.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 34-106, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith-
13 standing any other provisions of the law to the contrary, there shall be no
14 more than four (4) elections conducted in any county in any calendar year,
15 except as provided in this section, and except that elections to fill vacan-
16 cies in the United States house of representatives shall be held as provided
17 in the governor's proclamation.
18 (1) The dates on which elections may be conducted are:
19 (a) tThe first Tuesday in February of each year; and
20 (b) tThe fourth Tuesday in May of each year; and
21 (c) tThe first Tuesday in August of each year; and
22 (d) tThe Tuesday following the first Monday in November of each year.
23 (e) In addition to the elections specified in paragraphs (a) through (d)
24 of this subsection, an emergency election may be called upon motion of the
25 governing board of a political subdivision. An emergency exists when there
26 is a great public calamity, such as an extraordinary fire, flood, storm,
27 epidemic, or other disaster, or if it is necessary to do emergency work to
28 prepare for a national or local defense, or it is necessary to do emer-
29 gency work to safeguard life, health or property. Such a special election,
30 if conducted by the county clerk, shall be conducted at the expense of the
31 political subdivision submitting the question.
32 (2) Candidates for office elected in February, May or August shall take
33 office on the date specified in the certificate of election but not more than
34 sixty (60) days following the election.
35 (3) Candidates for office elected in November shall take office as pro-
36 vided in the constitution, or on January 1, next succeeding the November elec-
37 tion.
38 (4) The governing board of each political subdivision subject to the pro-
39 visions of this section, which, prior to January 1, 1994, conducted an elec-
40 tion for members of that governing board on a date other than a date permitted
41 in subsection (1) of this section, shall establish as the election date for
42 that political subdivision the date authorized in subsection (1) of this sec-
43 tion which falls nearest the date on which elections were previously con-
2
1 ducted, unless another date is established by law.
2 (5) The secretary of state is authorized to provide such assistance as
3 necessary, and to prescribe any needed rules, regulations or interpretations
4 for the conduct of election authorized under the provisions of this section.
5 (6) School districts governed by title 33, Idaho Code, and wWater dis-
6 tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi-
7 sions of this section.
8 (7) Initiative, referendum and recall elections conducted by any politi-
9 cal subdivision shall be held on the nearest date authorized in subsection (1)
10 of this section which falls more than forty-five (45) days after the clerk of
11 the political subdivision orders that such initiative, referendum or recall
12 election shall be held.
13 SECTION 2. That Section 33-503, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-503. ELECTION OF TRUSTEES -- UNIFORM DATE. The election of school dis-
16 trict trustees including those in charter districts shall be on the third
17 fourth Tuesday in May. Notice and conduct of the election, and the canvassing
18 of the returns shall be as provided in sections 33-401-- through 33-406, Idaho
19 Code. In each trustee zone, the person receiving the greatest number of votes
20 cast within his zone shall be declared by the board of trustees as the trustee
21 elected from that zone.
22 If any two (2) or more persons have an equal number of votes in any
23 trustee zone and a greater number than any other nominee in that zone, the
24 board of trustees shall determine the winner by a toss of a coin.
STATEMENT OF PURPOSE
RS 12591
The purpose of this proposal is to delete the exemption allowed
for school districts to require that school district elections be
held on one of the four dates as provided by law and to make
technical corrections; to provide that school board of trustees
elections shall be held on the fourth Tuesday in May in
conformance with Section 34-106, Idaho Code, and to make a
technical correction.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Rep. Shirley McKague
Rep. Fred Tilman
Rep. Eulalie Langford
Rep. Bill Sali
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H94