2003 Legislation
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HOUSE BILL NO. 166 – Districts, recall elections/petitns

HOUSE BILL NO. 166

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Daily Data Tracking History



H0166.........................................................by STATE AFFAIRS
DISTRICTS - RECALL ELECTIONS - Amends existing law to provide that if no
district election has been held in the last six years, the petition for recall
of an officer must be signed by twenty percent of the number of electors
registered to vote in the district at the time the petition is filed; and to
provide the number of votes required if the officer was appointed or was not
required to stand for election.
                                                                        
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 - 68-0-2
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Cuddy, Deal, Denney, Douglas, Eberle, 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, 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 -- None
      Absent and excused -- Crow, Naccarato
    Floor Sponsor - Skippen
    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
03/06    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Calabretta
    Title apvd - to House
03/07    To enrol
03/10    Rpt enrol - Sp signed
03/11    Pres signed
03/12    To Governor
03/13    Governor signed
         Session Law Chapter 57
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 166
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PETITION FOR RECALL OF AN OFFICER; AMENDING SECTION 34-1702, IDAHO
  3        CODE, TO PROVIDE IF NO DISTRICT ELECTION HAS BEEN HELD  IN  THE  LAST  SIX
  4        YEARS, THE PETITION FOR RECALL OF AN OFFICER MUST BE SIGNED BY TWENTY PER-
  5        CENT  OF  THE NUMBER OF ELECTORS REGISTERED TO VOTE IN THE DISTRICT AT THE
  6        TIME THE PETITION IS FILED AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING
  7        SECTION 34-1712, IDAHO CODE, TO PROVIDE IF THE OFFICER  WAS  APPOINTED  OR
  8        WAS  NOT REQUIRED TO STAND FOR ELECTION, THEN A MAJORITY OF THE VOTES CAST
  9        IN THE RECALL ELECTION SHALL BE THE NUMBER NECESSARY FOR RECALL.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That Section 34-1702, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        34-1702.  REQUIRED  SIGNATURES  ON  PETITION.  A petition for recall of an
 14    officer shall be instituted by filing with the appropriate official a verified
 15    written petition requesting such recall.
 16        (1)  If the petition seeks recall of any of the officers named in  subsec-
 17    tion  (1)(a)  of section 34-1701, Idaho Code, the petition shall be filed with
 18    the secretary of state, and must be signed by  registered  electors  equal  in
 19    number  to  twenty per cent percent (20%) of the number of electors registered
 20    to vote at the last general election held to elect a governor.
 21        (2)  If the petition seeks recall of any of the officers named in  subsec-
 22    tion  (1)(b)  of section 34-1701, Idaho Code, the petition shall be filed with
 23    the secretary of state, and must be signed by registered electors of the  leg-
 24    islative district equal in number to twenty per cent percent (20%) of the num-
 25    ber  of  electors  registered to vote at the last general election held in the
 26    legislative district at which the member was elected.
 27        (3)  If the petition seeks recall of any of the officers named in  subsec-
 28    tion  (2)(a)  of section 34-1701, Idaho Code, the petition shall be filed with
 29    the county clerk, and must be signed by  registered  electors  of  the  county
 30    equal  in  number  to  twenty per cent percent (20%) of the number of electors
 31    registered to vote at the last general election held in  the  county  for  the
 32    election of county officers at which the officer was elected.
 33        (4)  If  the petition seeks recall of any of the officers named in subsec-
 34    tion (3) of section 34-1701, Idaho Code, the petition shall be filed with  the
 35    city  clerk,  and  must  be signed by registered electors of the city equal in
 36    number to twenty per cent percent (20%) of the number of  electors  registered
 37    to vote at the last general city election held in the city for the election of
 38    officers.
 39        (5)  If  the petition seeks recall of any of the officers named in subsec-
 40    tion (4) of section 34-1701, Idaho Code, the petition shall be filed with  the
 41    county clerk of the county wherein the district is located. If the district is
 42    located  in  two  (2) or more counties, the clerk in each county shall perform
 43    the functions within that county. The petition must be  signed  by  registered
                                                                        
                                           2
                                                                        
  1    electors  of  the  district equal in number to fifty per cent percent (50%) of
  2    the number of electors who cast votes in the last election of the district. If
  3    no district election has been held in the last six  (6)  years,  the  petition
  4    must be signed by twenty percent (20%) of the number of electors registered to
  5    vote in the district at the time the petition is filed.
                                                                        
  6        SECTION  2.  That  Section 34-1712, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        34-1712.  GENERAL ELECTION LAWS CONTROL. (1) The  provisions  relating  to
  9    general  elections, including the payment of expenses of conducting the recall
 10    election, shall govern special recall elections except  where  otherwise  pro-
 11    vided for.
 12        (2)  Whenever  a special recall election is ordered, notice must be issued
 13    and posted in the same manner as for a general election.
 14        (3)  To recall any officer, a majority of the votes cast  at  the  special
 15    recall  election must be in favor of such recall, and additionally, the number
 16    of votes cast in favor of the recall must equal or exceed the  votes  cast  at
 17    the  last  general  election for that officer. If the officer was appointed or
 18    was not required to stand for election, then a majority of the votes  cast  in
 19    the recall election shall be the number necessary for recall.
 20        (4)  If  recalled,  an  officer  shall be recalled as of the time when the
 21    results of the special recall election are proclaimed, and a  vacancy  in  the
 22    office shall exist.
 23        (5)  If an officer is recalled from his office the vacancy shall be filled
 24    in  the  manner  provided  by law for filling a vacancy in that office arising
 25    from any other cause.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                                          RS 12775 Cl
                                
                                   The purpose of this bill is to specify a process of determining
    the number of signatures needed for recall elections when a
    taxing district has not conducted an election within that last
    six years. Some county clerks have received calls concerning the
    signature requirements or voting results for various taxing
    districts because a recall petition is being circulated against
    one of the taxing district officials. Unfortunately some taxing
    districts have not had an election since their formation due to
    the fact there have not been contested elections.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
                          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 166