View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0500aaS...................................................by STATE AFFAIRS
ELECTIONS - Amends existing law to provide when a candidate may appeal the
results of a recount or the determination that a recount is not necessary;
and to revise procedures.
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to St Aff
02/04 Rpt out - rec d/p - to 2nd rdg
02/05 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
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, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke
Floor Sponsor - Black
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to St Aff
02/16 Rpt out - to 14th Ord
02/19 Rpt out amen - to 1st rdg as amen
02/20 1st rdg - to 2nd rdg as amen
02/23 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton(Duncan), Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
Malepeai, Marley, McKenzie, Noble(Anderson), Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- McWilliams
Floor Sponsor - Stennett
Title apvd - to House
03/03 House concurred in Senate amens - to engros
03/04 Rpt engros - 1st rdg - to 2nd rdg as amen
03/05 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen- PASSED - 68-0-2
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,
Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Harwood, Shepherd
Floor Sponsor - Black
Title apvd - to enrol
03/09 Rpt enrol - Sp signed
03/10 Pres signed
03/11 To Governor
03/16 Governor signed
Session Law Chapter 48
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 500
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AN ELECTION CANDIDATE DISAGREEING WITH RECOUNT RESULTS; AMENDING
3 SECTION 34-2308, IDAHO CODE, TO PROVIDE WHEN A CANDIDATE MAY APPEAL THE
4 RESULTS OF A RECOUNT OR THE DETERMINATION THAT A RECOUNT IS NOT NECESSARY,
5 TO REVISE PROCEDURES AND TO PROVIDE FOR THE AWARD OF COSTS AND ATTORNEY'S
6 FEES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 34-2308, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 34-2308. CANDIDATE DISAGREEING WITH RECOUNT RESULTS -- APPEAL. (1) Any
11 candidate may appeal the results of a recount or the determination that a
12 recount is not necessary when:
13 (a) Any candidate for the office for which recount has been requested
14 disagreeing disagrees with the results of the recount and alleging alleges
15 that the law has been misinterpreted or misapplied, and if;
16 (b) Iit appears that a different application or interpretation of the law
17 would have required a general recount where no general recount was
18 ordered; or
19 (c) It appears that a different application or interpretation of the law
20 would not have required a general recount where a general recount was
21 ordered;
22 then the candidate claiming the misinterpretation or the misapplication of law
23 may appeal to the district court in the county concerned if the office be is a
24 county or municipal office or to the district court in Ada county if the
25 office be is a federal or state office.
26 (2) The submittal on appeal shall be by brief and submitted within
27 twenty-four (24) hours following the recount. The appeal submittal shall be
28 served upon the attorney general of Idaho within twenty-four (24) hours of
29 filing it within the district court. The appeal submittal shall also be
30 served upon the opposing candidate(s) within twenty-four (24) hours of filing
31 the appeal in the district court.
32 (3) The attorney general, in consultation with the secretary of state,
33 may respond to the submittal by brief.
34 (4) The opposing candidate(s) may respond to the submittal by brief.
35 (5) At the discretion of the district court judge, a hearing may be
36 ordered within five (5) days of the filing of the appeal. All parties served
37 with the appeal may participate fully in the hearing. The judge may determine
38 that the appeal may be decided on the brief without a hearing.
39 (6) A decision thereon shall be given within five (5) days. Any appeal
40 from the decision of the district court must be taken within twenty-four (24)
41 hours after a decision is rendered. A decision on the appeal shall be given
42 within five (5) days. No further appeal shall be allowed.
43 (7) A candidate who appeals the recount, with the result of the appeal
2
1 resulting in no change in the outcome of the election, shall bear the costs
2 and attorney's fees of all participants in the appeal.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Stennett
Seconded by Little
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 500
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 36, following "parties" insert:
3 "required to be"; delete line 43; and on page 2, delete lines 1 and 2.
4 CORRECTIONS TO TITLE
5 On page 1, in line 4, delete "," and delete lines 5 and 6 and insert: "AND
6 TO REVISE PROCEDURES.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 500, As Amended in the Senate
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO AN ELECTION CANDIDATE DISAGREEING WITH RECOUNT RESULTS; AMENDING
3 SECTION 34-2308, IDAHO CODE, TO PROVIDE WHEN A CANDIDATE MAY APPEAL THE
4 RESULTS OF A RECOUNT OR THE DETERMINATION THAT A RECOUNT IS NOT NECESSARY
5 AND TO REVISE PROCEDURES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 34-2308, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 34-2308. CANDIDATE DISAGREEING WITH RECOUNT RESULTS -- APPEAL. (1) Any
10 candidate may appeal the results of a recount or the determination that a
11 recount is not necessary when:
12 (a) Any candidate for the office for which recount has been requested
13 disagreeing disagrees with the results of the recount and alleging alleges
14 that the law has been misinterpreted or misapplied, and if;
15 (b) Iit appears that a different application or interpretation of the law
16 would have required a general recount where no general recount was
17 ordered; or
18 (c) It appears that a different application or interpretation of the law
19 would not have required a general recount where a general recount was
20 ordered;
21 then the candidate claiming the misinterpretation or the misapplication of law
22 may appeal to the district court in the county concerned if the office be is a
23 county or municipal office or to the district court in Ada county if the
24 office be is a federal or state office.
25 (2) The submittal on appeal shall be by brief and submitted within
26 twenty-four (24) hours following the recount. The appeal submittal shall be
27 served upon the attorney general of Idaho within twenty-four (24) hours of
28 filing it within the district court. The appeal submittal shall also be
29 served upon the opposing candidate(s) within twenty-four (24) hours of filing
30 the appeal in the district court.
31 (3) The attorney general, in consultation with the secretary of state,
32 may respond to the submittal by brief.
33 (4) The opposing candidate(s) may respond to the submittal by brief.
34 (5) At the discretion of the district court judge, a hearing may be
35 ordered within five (5) days of the filing of the appeal. All parties required
36 to be served with the appeal may participate fully in the hearing. The judge
37 may determine that the appeal may be decided on the brief without a hearing.
38 (6) A decision thereon shall be given within five (5) days. Any appeal
39 from the decision of the district court must be taken within twenty-four (24)
40 hours after a decision is rendered. A decision on the appeal shall be given
41 within five (5) days. No further appeal shall be allowed.
STATEMENT OF PURPOSE
RS 13568
The amendments to this legislation are intended to clarify the
appeal of recount of elections process. Under the current statute,
the process could be interpreted as an ex parte proceeding, wherein
only the candidate claiming injury would be allowed to present his
argument to the court. The amendments clarify that all involved
parties including the prevailing candidate in the election would be
presented with the appeal and given the opportunity to present
their case to the court. The amendments also provide for attorneys
fees in the circumstance that the appeal results in no change in
the final outcome.
FISCAL IMPACT
None.
CONTACTS:
Name: Brian P. Kane,Deputy Attorney General
William von Tagen, Deputy Attorney General
Office of the Attorney General
Phone: 334-4155
Name: Tim Hurst, Chief Deputy Secretary of State
Office of the Secretary of State
Phone: 332-2812
STATEMENT OF PURPOSE/FISCAL NOTE H 500