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H0093.........................................................by STATE AFFAIRS
LEGISLATIVE/COUNTY OFFICE - VACANCY - Amends existing law to provide that when
vacancies in the Legislature or in county offices occur after the fourteenth
day prior to a general election, the winning candidate shall be one of the
nominees to fill the vacant position, regardless of the party affiliation of
the election winner.
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. 93
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO VACANCIES IN CERTAIN OFFICES; AMENDING SECTION 59-904A, IDAHO
3 CODE, TO GOVERN NOMINATIONS FOR A VACANCY IN THE HOUSE OF REPRESENTATIVES
4 OR THE SENATE OF THE STATE OF IDAHO IN THE EVENT OF AN INTERVENING GENERAL
5 ELECTION; AND AMENDING SECTION 59-906, IDAHO CODE, TO GOVERN NOMINATIONS
6 FOR A VACANCY IN A COUNTY OFFICE IN THE EVENT OF AN INTERVENING GENERAL
7 ELECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 59-904A, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 59-904A. LEGISLATURE -- VACANCIES, HOW FILLED. In the event of a vacancy
12 in the house of representatives or senate of the state of Idaho, such vacancy
13 shall be filled as herein provided. The legislative district committee of the
14 same political party, if any, of the former member whose seat is vacant shall
15 submit, within fifteen (15) days, a list of three (3) nominations to the gov-
16 ernor. The governor shall fill the vacancy by appointment from the list of
17 three (3) nominations within fifteen (15) days. If no appointment has been
18 made within fifteen (15) days, the legislative district committee shall desig-
19 nate one (1) of the three (3) nominees to fill the vacancy. The vacancy shall
20 be so filled until the next general election after such vacancy occurs, when
21 such vacancy shall be filled by election. In the event that the vacancy occurs
22 after the fourteenth day prior to a general election at which the vacant posi-
23 tion is on the ballot, the legislative district committee may include on the
24 list of three (3) nominees the individual elected at the general election,
25 regardless of his political party affiliation.
26 The legislative district committee of the same political party, if any, of
27 the former member, shall select a person who possesses the constitutional
28 qualifications to fill the vacant office to which he is nominated, and who is
29 affiliated with the same political party, if any, as the former member whose
30 seat is vacant. Upon the failure of the committee to make such selection
31 before the expiration of the fifteen (15) day period the governor shall within
32 five (5) days, fill said vacancy by appointing a person having the qualifica-
33 tions above set forth.
34 SECTION 2. That Section 59-906, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 59-906. COUNTY OFFICES -- VACANCIES. (1) Except as provided in subsection
37 (2) of this section, all vacancies in any county office of any of the several
38 counties of the state, except that of the county commissioners (who shall be
39 appointed by the governor), shall be filled by appointment by the county com-
40 missioners of the county in which the vacancy occurs in accordance with the
41 procedure prescribed below until the next general election, when such vacancy
2
1 shall be filled by election.
2 The vacancy shall be filled as follows: the county central committee of
3 the same political party, if any, of the former officer, whose office is
4 vacant, shall submit a list of three (3) nominations to the board of county
5 commissioners within fifteen (15) days from the day the office is vacated. The
6 board of county commissioners shall fill the vacancy by appointment from the
7 submitted list within fifteen (15) days. Should no appointment be made within
8 fifteen (15) days, the county central committee of the political party submit-
9 ting the nominations shall designate one (1) of the three (3) nominees to fill
10 the vacancy. The person selected shall be a person who possesses the same
11 qualifications at the time of his appointment as those provided by law for
12 election to the office. Upon failure of the committee to make a selection
13 before the expiration of the additional fifteen (15) day period, the board of
14 county commissioners shall, within five (5) days, fill the vacancy by appoint-
15 ing a person having the same qualifications at the time of his appointment as
16 those provided by law for election to the office. If the person who has
17 vacated the office has not been affiliated with a political party, the vacancy
18 shall be filled by the board of county commissioners by appointment of a per-
19 son having the same qualifications at the time of his appointment as those
20 provided by law for election to the office. In the event that the vacancy
21 occurs after the fourteenth day prior to a general election at which the
22 vacant position is on the ballot, the county central committee may include on
23 the list of three (3) nominees the individual elected at the general election,
24 regardless of his political party affiliation.
25 (2) When a county elected officer, except a county commissioner, gives a
26 written notice of intent to resign to the board of commissioners of the county
27 of which he is an elected officer, and when the notice of intent to resign
28 specifies the effective date of the resignation, the county central committee
29 of the same political party of the officer whose office is being vacated, may
30 submit a list of three (3) nominations to the board of county commissioners
31 prior to the effective date of the resignation. The board of county commis-
32 sioners shall fill the vacancy by appointment from the submitted list to be
33 effective on the day following the date the office is vacated by the former
34 officer. The person selected shall be a person who possesses the same qualifi-
35 cations at the time of his appointment as those provided by law for election
36 to the office. In the event the county elected officer rescinds his notice of
37 intent to resign by notifying the board of county commissioners in writing
38 prior to the effective date of his resignation, all actions taken by either
39 the county central committee or the board of county commissioners to fill the
40 anticipated vacancy, shall be null and void. If no appointment is made prior
41 to the day the office is vacated, the provisions of subsection (1) of this
42 section shall apply. In the event that the vacancy occurs after the fourteenth
43 day prior to a general election at which the vacant position is on the ballot,
44 the county central committee may include on the list of three (3) nominees the
45 individual elected at the general election, regardless of his political party
46 affiliation.
STATEMENT OF PURPOSE
RS 12538
The purpose of this bill is to allow county committees and
legislative committees to add the name of a person who is of the
opposite party if such vacancy occurs within 14 days of the
election for said office.
FISCAL IMPACT
None
Contact:
Name: Rep. Pete Nielsen
Phone: 332 1253
Contact:
Name: Bert Stevenson
Phone: 322-1207
STATEMENT OF PURPOSE/FISCAL NOTE H 93