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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN 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 twentyper centpercent (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 twentyper centpercent (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 twentyper centpercent (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 twentyper centpercent (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 fiftyper centpercent (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 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