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H0164.........................................................by STATE AFFAIRS
MAGISTRATES - ELECTION - Amends existing law to provide that a magistrate may,
not less than ninety days prior to the holding of the general election next
preceding the expiration of his term of office, file in the office of the
county clerk a declaration of candidacy to succeed himself.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to St Aff
02/14 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 67-1-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring,
Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer(Schaefer),
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- Eberle
Absent and excused -- Black, Deal
Floor Sponsor - Snodgrass
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to St Aff
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- McWilliams
Floor Sponsor - Davis
Title apvd - to House
03/05 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/10 To Governor
03/13 Governor signed
Session Law Chapter 55
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 164
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MAGISTRATES; AMENDING SECTION 1-2220, IDAHO CODE, TO PROVIDE THAT
3 A MAGISTRATE MAY, NOT LESS THAN NINETY DAYS PRIOR TO THE HOLDING OF THE
4 GENERAL ELECTION NEXT PRECEDING THE EXPIRATION OF HIS TERM OF OFFICE, FILE
5 IN THE OFFICE OF THE COUNTY CLERK A DECLARATION OF CANDIDACY TO SUCCEED
6 HIMSELF.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 1-2220, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 1-2220. RETENTION OR NONRETENTION OF MAGISTRATE BY VOTE. Any magistrate
11 appointed pursuant to the provisions of section 1-2205, Idaho Code, and sec-
12 tion 1-2207(2), Idaho Code, shall stand for office in the first general elec-
13 tion next succeeding the expiration of the eighteen (18) month period estab-
14 lished pursuant to section 1-2207, Idaho Code. Any magistrate may, not less
15 than sixty (60) ninety (90) days prior to the holding of the general election
16 next preceding the expiration of his term of office, file in the office of the
17 county clerk of the county for which he is a resident magistrate, accompanied
18 by a filing fee of forty dollars ($40.00), a declaration of candidacy to suc-
19 ceed himself. If a declaration is not so filed by any magistrate, the vacancy
20 resulting from the expiration of his term of office shall be filled by
21 appointment as herein provided, except that any magistrate who does not file
22 shall be ineligible for appointment within the same judicial district until
23 two (2) years following the expiration of his last term of office have
24 expired. If such a declaration is filed, his name shall be submitted at the
25 next general election to the voters eligible to vote within the county for
26 which he is appointed, on a nonpartisan judicial ballot, without party desig-
27 nation, which shall read:
28 "Shall Magistrate .... (Here insert the name of the magistrate) of ....
29 (Here insert the name of the county) County of the .... (Here insert the judi-
30 cial district number) Judicial District be retained in office?" (Here provi-
31 sion is to be made for voting "Yes" or "No.")
32 The votes shall be canvassed as provided in chapter 12, title 34, Idaho
33 Code.
34 If a majority of those voting on the question vote against retaining him
35 in office, upon the expiration of his term of office, a vacancy shall exist
36 which shall be filled by appointment as provided in section 1-2205, Idaho
37 Code, except that the magistrate not retained in office shall be ineligible
38 for appointment within the same judicial district until two (2) years follow-
39 ing the expiration of his last term of office have expired.
40 If a majority of those voting on the question vote for retaining him in
41 office, the county clerk shall issue him a certificate of election as provided
42 in section 34-1209, Idaho Code, and said magistrate shall, unless removed for
43 cause, remain in office for an additional term of four (4) years, and at the
2
1 expiration of each such four (4) year term shall be eligible for retention in
2 office by election in the manner herein prescribed.
STATEMENT OF PURPOSE
RS 12774
The purpose of this bill is to change the filing date for
magistrate judge retention elections from sixty (60) days to
ninety (90) days prior to the general election in order to give
county clerks sufficient time to make absentee ballots available.
FISCAL IMPACT
There is no fiscal impact on the state general fund or counties.
CONTACT
Name: Noel Hales or Tim Hurst
Agency: Canyon County Clerk or Secretary of State
Phone: 454-7337 or 334-2852 H 164