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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 - 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
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