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H0162.........................................................by STATE AFFAIRS
HELP AMERICA VOTE ACT - Adds to and amends existing law to implement the
federal "Help America Vote Act."
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 - 53-17-0
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Cannon, Collins, Cuddy, Deal, Denney, Douglas, Edmunson,
Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg,
Lake, Langford, Langhorst, Martinez, Meyer, Miller, Mitchell, Naccarato,
Nielsen, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler,
Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30), Smylie,
Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker
NAYS -- Barrett, Bradford, Campbell, Clark, Crow, Eberle, Ellsworth,
Eskridge, Harwood, Kulczyk, McGeachin, McKague, Moyle, Roberts, Sali,
Smith(24), Wood
Absent and excused -- None
Floor Sponsors - Deal & Stevenson
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 - Darrington
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 48
Effective: 03/13/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 162
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ELECTIONS; AMENDING SECTION 34-201, IDAHO CODE, TO PROVIDE FURTHER
3 DUTIES OF THE SECRETARY OF STATE REGARDING ELECTIONS; AMENDING CHAPTER 2,
4 TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-216, IDAHO CODE,
5 TO PROVIDE FOR GRIEVANCE PROCEDURES; AMENDING SECTION 34-303, IDAHO CODE,
6 TO DELETE LANGUAGE STATING THAT NO ELECTION BOARD FOR A PRECINCT SHALL
7 EXCEED TEN MEMBERS; AMENDING SECTION 34-410, IDAHO CODE, TO PROVIDE ADDI-
8 TIONAL REQUIREMENTS FOR MAIL REGISTRATION; AMENDING SECTION 34-411, IDAHO
9 CODE, TO REVISE THE CONTENTS OF AN APPLICATION FOR REGISTRATION; AMENDING
10 SECTION 34-416, IDAHO CODE, TO DELETE LANGUAGE REQUIRING THE OFFICIAL WHO
11 PERSONALLY REGISTERS THE ELECTOR TO SIGN HIS NAME AND TITLE IN ATTESTATION
12 ON THE COMPLETED CARD; AMENDING SECTION 34-437, IDAHO CODE, TO REVISE
13 REQUIREMENTS AND RESTRICTIONS FOR FURNISHING LISTS OF REGISTERED ELECTORS;
14 AMENDING SECTION 34-437A, IDAHO CODE, TO REQUIRE THE SECRETARY OF STATE IN
15 CONJUNCTION WITH COUNTY CLERKS TO DEVELOP AND IMPLEMENT A SINGLE, UNIFORM
16 OFFICIAL LIST OF REGISTERED ELECTORS AND TO PROVIDE REQUIREMENTS; REPEAL-
17 ING SECTION 34-438, IDAHO CODE; AMENDING SECTION 34-704, IDAHO CODE, TO
18 REVISE DECLARATION OF CANDIDACY REQUIREMENTS; AMENDING SECTION 34-1002,
19 IDAHO CODE, TO REVISE APPLICATION FOR ABSENTEE BALLOT REQUIREMENTS; AMEND-
20 ING SECTION 34-1203, IDAHO CODE, TO PROVIDE THAT THE SECRETARY OF STATE
21 SHALL ISSUE DIRECTIVES OR PROMULGATE ADMINISTRATIVE RULES ADOPTING STAN-
22 DARDS THAT DEFINE WHAT CONSTITUTES A VOTE AND WHAT WILL BE COUNTED AS A
23 VOTE FOR EACH CATEGORY OF VOTING SYSTEM USED IN THIS STATE; AMENDING SEC-
24 TION 34-1402, IDAHO CODE, TO REVISE REQUIREMENTS FOR REGISTRATION; AMEND-
25 ING SECTION 34-2401, IDAHO CODE, TO REVISE THE DEFINITION OF "BALLOT";
26 AMENDING SECTION 67-916, IDAHO CODE, TO REVISE THE PROCEDURES, PURPOSES
27 AND SPENDING AUTHORITY OF THE DEMOCRACY FUND; AND DECLARING AN EMERGENCY.
28 Be It Enacted by the Legislature of the State of Idaho:
29 SECTION 1. That Section 34-201, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 34-201. SECRETARY OF STATE CHIEF ELECTION OFFICER. The secretary of state
32 is the chief election officer of this state, and it is his responsibility to
33 obtain and maintain uniformity in the application, operation and interpreta-
34 tion of the election laws.
35 The secretary of state is responsible for providing information regarding
36 voter registration procedures and absentee ballot procedures to be used by
37 absent uniformed service voters and overseas voters with respect to elections
38 for federal office as required by section 102 of the uniformed and overseas
39 citizens absentee voting act (42 U.S.C. section 1973 et seq.).
40 If a national or local emergency or other situation arises which makes
41 substantial compliance with the provisions of the uniformed and overseas citi-
42 zens absentee voting act impossible or unreasonable, such as a natural disas-
43 ter or an armed conflict involving United States armed forces, mobilization of
2
1 those forces, including state national guard and reserve components of this
2 state, the secretary of state may prescribe, by directive, such special proce-
3 dures or requirements as may be necessary to facilitate absentee voting by
4 those citizens directly affected who otherwise are eligible to vote in this
5 state.
6 SECTION 2. That Chapter 2, Title 34, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 34-216, Idaho Code, and to read as follows:
9 34-216. GRIEVANCE PROCEDURES. The secretary of state shall promulgate
10 rules in compliance with chapter 52, title 67, Idaho Code, establishing a
11 state-based administrative complaint procedure as required by the help America
12 vote act (P.L. 107-252).
13 SECTION 3. That Section 34-303, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 34-303. APPOINTMENT OF ELECTION JUDGES BY COUNTY CLERK. The county clerk
16 shall appoint two (2) or more election judges, one (1) of whom shall be desig-
17 nated chief judge, and the number of clerks deemed necessary by him for each
18 polling place. In the event a single polling place is designated for two (2)
19 or more precincts, an individual may serve simultaneously on the election
20 board for two (2) or more precincts thus served by a single polling place. No
21 election board for a precinct shall exceed ten (10) members. The precinct com-
22 mitteemen shall recommend persons for the position in their respective pre-
23 cincts to the county clerk in writing at least ten (10) days prior to the date
24 on which any appointment shall be made and the county clerk shall appoint the
25 judges from such lists if the persons recommended are qualified.
26 The chief election judge shall be responsible for the conduct of the pro-
27 ceedings in the polling place. Compensation for all election personnel shall
28 be determined by the board of county commissioners, and not less than the min-
29 imum wage as prescribed by the laws of the state of Idaho.
30 Each election board shall contain personnel representing all existing
31 political parties if a list of applicants has been provided to the county
32 clerk by the precinct committeemen of the precincts at least sixty (60) days
33 prior to the primary election.
34 SECTION 4. That Section 34-410, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 34-410. MAIL REGISTRATION. Any elector may register by mail for any elec-
37 tion. Any mail registration application must be received by the county clerk
38 prior to the close of registration as provided in section 34-408, Idaho Code,
39 provided that any mail registration application postmarked not later than
40 twenty-five (25) days prior to an election shall be deemed timely.
41 The secretary of state shall prescribe the form for the mail registration
42 application. This mail application form shall be available for distribution
43 through governmental and private entities, with particular emphasis on making
44 them available for organized voter registration programs.
45 Any federal mail registration form adopted pursuant to the provisions of
46 the national voter registration act of 1993 (P.L. 103-31) shall also be
47 accepted as a valid registration, if such form is postmarked not later than
48 twenty-five (25) days prior to an election.
49 The county clerk shall prepare and issue by first class nonforwardable
3
1 mail to each elector registering by mail a verification of registration con-
2 taining the name and residence of the elector and the name or number of the
3 precinct in which the elector resides.
4 A verification returned undeliverable shall cause the county clerk to
5 remove the elector's card from the register of electors.
6 As required by the help America vote act of 2002 (P.L. 107-252), a copy of
7 proper identification will be required prior to issuance of a ballot to anyone
8 who has registered by mail and has not previously voted in an election for
9 federal office in the state. Proper identification consists of:
10 (1) A current and valid photo identification; or
11 (2) A copy of a current utility bill, bank statement, government check,
12 paycheck, or other government document that shows the name and address of the
13 voter.
14 SECTION 5. That Section 34-411, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 34-411. APPLICATION FOR REGISTRATION -- CONTENTS. (1) Each elector who
17 requests registration shall supply the following information under oath or
18 affirmation:
19 (a) His full name and sex.
20 (b) His mailing address, his residence address or any other necessary
21 information definitely locating his residence.
22 (c) The period of time preceding the date of registration during which he
23 has resided in the state.
24 (d) Whether or not he is a citizen.
25 (e) That he is under no legal disqualifications to vote.
26 (f) The county and state where he was previously registered, if any.
27 (g) Date of birth.
28 (h) Current driver's license number or, in the absence of an Idaho dri-
29 ver's license, the last four (4) digits of the elector's social security
30 number.
31 (2) Any elector who shall supply any information under subsection (1) of
32 this section, knowing it to be false, is guilty of perjury.
33 (3) Each elector who requests registration may, at the elector's option,
34 supply the following information:
35 (a) Social security number; and
36 (b) Home the elector's telephone number. If the home telephone number is
37 supplied by the elector, the home telephone number shall be available to
38 the public.
39 SECTION 6. That Section 34-416, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 34-416. REGISTRATION CARDS. (1) The registration card shall contain the
42 following warning:
43 WARNING: Any elector who supplies any information, knowing it to be
44 false, is guilty of perjury.
45 (2) The elector shall read the warning set forth in subsection (1) of
46 this section and shall sign his name in an appropriate place on the completed
47 card. The official who personally registers the elector shall sign his name
48 and title in attestation in an appropriate place on the completed card.
49 (3) The registration card completed and signed as provided in this sec-
50 tion constitutes the official registration card of the elector. The county
51 clerk shall keep and file all such cards in a convenient manner in his office.
4
1 Such cards constitute the register of electors.
2 SECTION 7. That Section 34-437, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 34-437. FURNISHING LISTS OF REGISTERED ELECTORS -- RESTRICTIONS. (1) Each
5 of the county clerks, upon receiving a request therefor not later than the
6 thirtieth day before a general, special or primary election, shall supply to
7 any individual, a current list of the registered electors of the county and
8 their addresses, arranged in groups according to election precincts. The
9 county clerks shall prepare an original of the above list from the state voter
10 registration system at county expense. Any person desiring a copy of the orig-
11 inal list shall be furnished the same, and the county clerk shall assess the
12 individual an amount which will compensate the county for the cost of repro-
13 ducing such copy.
14 (2) The county clerk may, in his sole discretion, waive the deadline pro-
15 vided in subsection (1) of this section; provided that the clerk shall not
16 discriminate against any political party, candidate or individual in waiving
17 said deadline.
18 (3) No person to whom a list of registered electors is made available or
19 supplied under subsection (1) of this section and no person who acquires a
20 list of registered electors prepared from such list shall use any information
21 contained therein for commercial purposes the purpose of mailing or delivering
22 any advertisement or offer for any property, establishment, organization,
23 product, or service or for the purpose of mailing or delivering any solicita-
24 tion for money, services, or anything of value. Provided however, that any
25 such list and label may be used for any political purpose.
26 SECTION 8. That Section 34-437A, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 34-437A. SECRETARY OF STATE REQUIRING STATEWIDE LISTS OF REGISTERED ELEC-
29 TORS. (1) The secretary of state, may require each county clerk to submit to
30 him, for use in compiling a statewide list of registered electors, the current
31 list of registered electors as described in section 34-437, Idaho Code in con-
32 junction with county clerks, shall develop and implement a single, uniform
33 official, centralized, interactive, computerized statewide voter registration
34 system as required by the help America vote act of 2002 (P.L. 107-252).
35 (2) The statewide system shall contain the name and registration informa-
36 tion of every legally registered voter in the state and assign a unique iden-
37 tifier to each legally registered voter in the state, and include the follow-
38 ing:
39 (a) The computerized list shall serve as the single system for storing
40 and managing the official list of registered voters throughout the state.
41 (b) The computerized list shall contain the name and registration infor-
42 mation of every legally registered voter in the state.
43 (c) Under the computerized list, a unique identifier shall be assigned to
44 each legally registered voter in the state.
45 (d) The computerized list shall be coordinated with other agency
46 databases within the state.
47 (e) Any election official in the state, including any local election
48 official, may obtain immediate electronic access to the information con-
49 tained in the computerized list.
50 (f) All voter registration information obtained by any local election
51 official in the state shall be electronically entered into the computer-
5
1 ized list on an expedited basis at the time the information is provided to
2 the local official.
3 (g) The secretary of state shall provide such support as may be required
4 so that local election officials are able to enter information as
5 described in subsection (2)(f) of this section.
6 (h) The computerized list shall serve as the official voter registration
7 list for the conduct of all elections for federal office in the state.
8 (3) Any person desiring a copy of the statewide list of registered elec-
9 tors shall be furnished the same, and the secretary of state shall assess the
10 individual an amount which will compensate the state for the cost of reproduc-
11 ing such copy.
12 No person to whom a list of statewide electors is furnished and no person
13 who acquires a list of statewide electors prepared from such list shall use
14 any information contained therein for commercial purposes the purpose of mail-
15 ing or delivering any advertisement or offer for any property, establishment,
16 organization, product, or service or for the purpose of mailing or delivering
17 any solicitation for money, services, or anything of value. Provided however,
18 that any such list and label may be used for any political purpose.
19 SECTION 9. That Section 34-438, Idaho Code, be, and the same is hereby
20 repealed.
21 SECTION 10. That Section 34-704, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 34-704. DECLARATION OF CANDIDACY. Any person legally qualified to hold
24 such office is entitled to become a candidate and file his declaration of can-
25 didacy. Each political party candidate for precinct, state, district or county
26 office shall file his declaration of candidacy in the proper office between 8
27 a.m., on the tenth twelfth Monday preceding the primary election and 5 p.m.,
28 on the eighth tenth Friday preceding the primary election. All political party
29 candidates shall declare their party affiliation in their declaration of can-
30 didacy, except candidates for nonpartisan office.
31 Candidates who file a declaration of candidacy under a party name and are
32 not nominated at the primary election shall not be allowed to appear on the
33 general election ballot under any other political party name, nor as an inde-
34 pendent candidate.
35 Independent candidates shall file their declaration of candidacy in the
36 manner provided in section 34-708, Idaho Code.
37 SECTION 11. That Section 34-1002, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 34-1002. APPLICATION FOR ABSENTEE BALLOT. Any registered elector may make
40 written application to the county clerk, or other proper officer charged by
41 law with the duty of issuing official ballots for such election, for an offi-
42 cial ballot or ballots of the kind or kinds to be voted at the election. The
43 application shall contain the name of the elector, his home address, county,
44 and address to which such ballot shall be forwarded.
45 The application for an absent elector's ballot shall be signed personally
46 by the applicant. The application for a mail-in absentee ballot shall be
47 received by the county clerk not later than 5:00 p.m. on the sixth day before
48 the election. An application for in person absentee voting at the absent
49 elector's polling place described in section 34-1006, Idaho Code, shall be
50 received by the county clerk not later than 5:00 p.m. on the day before the
6
1 election. Application for an absentee ballot may be made by using a facsimile
2 machine. In the event a registered elector is unable to vote in person at his
3 designated polling place on the day of election because of an emergency situa-
4 tion which rendered him physically unable, he may nevertheless apply for an
5 absent elector's ballot on the day of election by notifying the county clerk.
6 No person, may, however, be entitled to vote under an emergency situation
7 unless the situation claimed rendered him physically unable to vote at his
8 designated polling place within forty-eight (48) hours prior to the closing of
9 the polls.
10 A person may make application for an absent elector's ballot by use of a
11 properly executed federal postcard application as provided for in the laws of
12 the United States known as Uniformed and Overseas Citizens Absentee Voting Act
13 (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed federal postcard
14 application (F.P.C.A.), if received prior to the primary election, shall be
15 considered as a request for an absent elector's ballot for both the primary
16 and general election through the next two (2) regularly scheduled general
17 elections for federal office following receipt of the application. The issuing
18 officer shall keep as a part of the records of his office a list of all appli-
19 cations so received and of the manner and time of delivery or mailing to and
20 receipt of returned ballot.
21 The county clerk shall, not later than seventy-five (75) days after the
22 date of each general election, submit a report to the secretary of state con-
23 taining information concerning absentee voters as required by federal law.
24 SECTION 12. That Section 34-1203, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 34-1203. COUNTING OF BALLOTS -- CERTIFICATES OF JUDGES. The ballots and
27 polls lists agreeing, the election personnel shall then proceed to tally the
28 votes cast. Under each office title the number of votes for each candidate and
29 such other information required by the secretary of state shall be entered in
30 the tally books together with the total of the above figures in the manner
31 prescribed by the secretary of state. Any ballot or part of a ballot from
32 which it is impossible to determine the elector's choice, shall be void and
33 shall not be counted. When a ballot is sufficiently plain to determine there-
34 from a part of the voter's intention, it shall be the duty of the judges to
35 count such part.
36 Following the counting, the judges must post a correct copy of such
37 results at the polling place and a copy transmitted to the county clerk.
38 In no event shall the results of any count be released to the public until
39 all voting places in the state have closed on election day.
40 The secretary of state shall issue directives or promulgate administrative
41 rules adopting standards that define what constitutes a vote and what will be
42 counted as a vote for each category of voting system used in this state.
43 SECTION 13. That Section 34-1402, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 34-1402. REGISTRATION. All electors must register with the county clerk
46 before being able to vote in any primary, general, special or any other elec-
47 tion conducted in this state. The county clerk shall determine, for each reg-
48 istered elector, the elections for which he is eligible to vote by a determi-
49 nation of the applicable code areas. The register of electors shall be main-
50 tained by the clerk in a manner which will make this information readily
51 available to the electors and to the election officials of the various politi-
7
1 cal subdivisions. The determination of tax code area shall be made for all
2 political subdivisions including those otherwise exempt from the provisions of
3 this chapter.
4 The county clerk shall conform to the provisions of chapter 4, title 34,
5 Idaho Code, in the administration of registration for all political subdivi-
6 sions within the county. The county clerk shall appoint each city clerk for
7 any city within the county and each election official designated by a politi-
8 cal subdivision, as an at-large registrar as provided in section 34-406, Idaho
9 Code, except that no compensation shall be paid by the county clerk for elec-
10 tors registered by these special registrars.
11 SECTION 14. That Section 34-2401, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 34-2401. DEFINITIONS. As used in this chapter:
14 (1) "Ballot" means any material used or the voting surface of a direct
15 recording electronic system on which votes are cast for offices, and candi-
16 dates and measures. which do not appear on ballot labels or a ballot which is
17 used to record votes which are cast for offices and candidates and measures in
18 a voting system which does not use ballot cards.
19 (2) "Ballot card" means the tabulating card or cards of any size upon
20 which the voter records his vote.
21 (3) "Ballot label" means the cards, papers, booklet or other material
22 containing the names of offices and candidates and measures to be voted on.
23 (4) "Election" means all state, county, city, district and other politi-
24 cal subdivision elections including bond issue elections.
25 (5) "Governing body" means the board of county commissioners of any
26 county or the governing body of any city, district or other political subdivi-
27 sion elections including bond issue elections.
28 (6) "Measure" means a proposed law, act or part of an act of the legisla-
29 tive assembly or amendment to the constitution of the state of Idaho to be
30 submitted to the people for their approval or rejection at an election.
31 "Measure" also means other propositions which can be submitted to the voters
32 at any election by counties, cities, districts or other political subdivi-
33 sions.
34 (7) "Model" means a mechanically operated model of a portion of the face
35 of the machine illustrating the means of voting.
36 (8) "Precinct" includes all election districts.
37 (9) "Voting machine" means:
38 (a) Any mechanical or electronic device which will record every vote cast
39 by any voter on candidates and measures and which will either internally
40 or externally total all votes cast on that device;
41 (b) Any device into which a ballot card may be inserted and which is so
42 designed and constructed that the vote for any candidate or measure may be
43 indicated by punching or marking the ballot card.
44 (10) "Vote tally system" means one (1) or more pieces of machinery or
45 equipment necessary to examine and tally automatically paper ballots having
46 marks placed thereon by a written mark or by a marking stamp. The examination
47 shall be accomplished by either mark sensing or optical scanning.
48 SECTION 15. That Section 67-916, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 67-916. DEMOCRACY FUND. (1) There is hereby created in the state treasury
51 in the office of the secretary of state the "Democracy Fund." The purpose of
8
1 the democracy fund is to provide funding for improving the election systems
2 for the benefit of Idaho's voters carrying out the activities for which pay-
3 ments are made to the state under the federal help America vote act of 2002
4 (P.L. 107-252) including, but not limited to:
5 (a) Establishing and maintaining accurate lists of eligible voters;
6 (b) Encouraging eligible voters to vote;
7 (c) Improving verification and identification of voters at the polling
8 place;
9 (d) Improving equipment and methods for casting and counting votes;
10 (e) Recruiting and training election officials and poll workers;
11 (f) Improving the quantity and quality of available polling places;
12 (g) Educating voters about their rights and responsibilities;
13 (h) Assuring access for voters with physical disabilities;
14 (i) Carrying out other activities to improve the administration of elec-
15 tions in the state.
16 (2) The democracy fund shall consist of all moneys appropriated by the
17 legislature, federal moneys that may be available for the purpose of improving
18 Idaho's election system, county matching funds and funds from any other
19 source.
20 (3) Moneys in the democracy fund may be expended pursuant to appropria-
21 tion and aAll interest earned on the investment of idle moneys in the fund by
22 the state treasurer shall be returned to the fund.
23 (4) Moneys deposited in, or remitted to, the democracy fund are continu-
24 ously appropriated to the secretary of state for the purpose of paying the
25 expenses of carrying out the activities for which payments are made to this
26 state under the federal help America vote act of 2002 (P.L. 107-252).
27 SECTION 16. An emergency existing therefor, which emergency is hereby
28 declared to exist, this act shall be in full force and effect on and after its
29 passage and approval.
STATEMENT OF PURPOSE
RS 12790
The purpose of this legislation is to bring Idaho statutes into
conformance with the federal Help America Vote Act of 2002 (P.L.
107-252) that was signed into law on October 29, 2002 by
President Bush. The legislation more clearly defines the role of
the Secretary of State in administering federal elections,
provides for a statewide registered voter list, directs the
Secretary of State to adopt rules or directives outlining an
election grievance procedure and the definition of what
constitutes a valid vote, and more clearly defines the operations
of the Democracy Fund established by the Legislature to handle
funds authorized in the Help America Vote Act of 2002.
FISCAL IMPACT
The fiscal impact of the legislation is uncertain at this time,
however if the Congress fully funds the federal bill, Idaho could
receive up to twenty million dollars ($20,000,000) in federal
money over the next three (3) years Fifteen million dollars
($15,000,000) would require a five percent (5%) match which could
be comprised of state or local funds.
CONTACT
Name: Tim Hurst
Agency: Secretary of State
Phone: 334-2852 H 162