2004 Legislation
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HOUSE BILL NO. 559 – Recall petitions, procedures

HOUSE BILL NO. 559

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H0559......................................................by STATE AFFAIRS
RECALL PETITIONS - Amends existing law relating to recall petitions and
elections to revise approval of prospective recall petitions; to provide
qualifications for a person who circulates a petition; to provide for
examination to verify signatures by the county clerk; to provide for
notification of sufficiency of petitions; to increase the number of days
allowed for canvass of returns; to eliminate the procedure for removal of a
signature after the petitions have been filed; and to provide a procedure
in the event of refusal to accept a petition.
                                                                        
01/27    House intro - 1st rdg - to printing
01/28    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 - 57-6-7
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Block, Boe,
      Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,
      Martinez, McGeachin, Meyer, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Sali, Sayler, Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Crow, Harwood, McKague, Schaefer, Wood
      Absent and excused -- Black, Deal, Gagner, Garrett, Miller, Rydalch,
      Shepherd
    Floor Sponsor - Jaquet
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 27-0-8
      AYES -- Andreason, Bailey, Bunderson, Burtenshaw, Calabretta,
      Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy,
      Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
      Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Werk
      NAYS -- None
      Absent and excused -- Brandt, Burkett, Cameron, Davis, Noble, Noh,
      Stennett, Williams
    Floor Sponsor - Calabretta
    Title apvd - to House
03/16    To enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 164
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 559
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RECALL PETITIONS AND ELECTIONS; AMENDING  SECTION  34-1704,  IDAHO
  3        CODE,  TO FURTHER GOVERN APPROVAL OF A PROSPECTIVE RECALL PETITION; AMEND-
  4        ING SECTION 34-1705, IDAHO CODE, TO PROVIDE QUALIFICATIONS  FOR  A  PERSON
  5        WHO  CIRCULATES  A  PETITION;  AMENDING  SECTION  34-1706,  IDAHO CODE, TO
  6        REQUIRE EXAMINATION TO VERIFY SIGNATURES BY  THE  COUNTY  CLERK;  AMENDING
  7        SECTION  34-1707,  IDAHO CODE, TO CLARIFY PROCEDURE GOVERNING NOTIFICATION
  8        OF SUFFICIENCY OF PETITIONS AND TO MAKE  TECHNICAL  CORRECTIONS;  AMENDING
  9        SECTION  34-1711,  IDAHO  CODE, TO INCREASE THE NUMBER OF DAYS ALLOWED FOR
 10        CANVASS OF RETURNS; AMENDING SECTION 34-1713,  IDAHO  CODE,  TO  ELIMINATE
 11        PROCEDURE  FOR REMOVAL OF A SIGNATURE AFTER THE PETITIONS HAVE BEEN FILED;
 12        AND AMENDING SECTION 34-1715, IDAHO CODE, TO GOVERN PROCEDURE IN THE EVENT
 13        OF REFUSAL TO ACCEPT A PETITION.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 34-1704, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        34-1704.  PRINTING  OF  PETITION  AND SHEETS FOR SIGNATURES -- TIME LIMITS
 18    FOR PERFECTING PETITION. (1) Before or at the time of beginning  to  circulate
 19    any  petition  for  the recall of any officer subject to recall, the person or
 20    persons, organization or organizations under whose authority the recall  peti-
 21    tion  is  to  be  circulated, shall send or deliver to the secretary of state,
 22    county clerk, or city clerk, as the case may be, a copy of such a  prospective
 23    petition  duly  signed  by at least twenty (20) electors eligible to sign such
 24    petition. The receiving officer shall immediately  examine  the  petition  and
 25    specify  the  form  and  kind and size of paper on which the petition shall be
 26    printed and circulated for further signatures.  All  petitions  and  signature
 27    sheets for recall and sheets for signatures shall be printed on a good quality
 28    bond  or  ledger paper, on pages eight and one-half (8 1/2) inches in width by
 29    thirteen (13) inches in length, with a margin of one and three-fourths (1 3/4)
 30    inches at the top for binding, and the sheets for signatures shall  have  num-
 31    bered  lines  thereon from one (1) to twenty (20) for signatures. The petition
 32    shall be prepared in sections, with each section numbered consecutively.  Each
 33    section  of  a  petition must have a printed copy of the petition as the first
 34    page, and each section shall have attached to it not more than ten (10) sheets
 35    for signatures of standardized size in substantial conformance within the pro-
 36    visions of section 34-1703, Idaho Code. To every sheet of petitioners'  signa-
 37    tures shall be attached a full and correct copy of the recall petition.
 38        (2)  The  secretary of state, county clerk, or city clerk, as the case may
 39    be, shall indicate in writing on the prospective recall petition that  he  has
 40    approved  it  as  to  form  and the date of such approval. Upon approval as to
 41    form, the secretary of state, county  auditor  clerk,  or  city  clerk,  shall
 42    inform  the  person  or  persons,  organization  or  organizations under whose
 43    authority the recall petition is to be circulated, in writing, that the  peti-
                                                                        
                                           2
                                                                        
  1    tion must be perfected with the required number of certified signatures within
  2    sixty  (60)  seventy-five (75) days following the date of approval as to form.
  3    Signatures on the  prospective  petition  shall  not  be  counted  toward  the
  4    required  number  of certified signatures. Any petition that has not been per-
  5    fected with the required number of certified signatures within the sixty  (60)
  6    seventy-five  (75)  days  allowed shall be declared null and void ab initio in
  7    its entirety, except for the extension allowed for in section  34-1707,  Idaho
  8    Code.
                                                                        
  9        SECTION  2.  That  Section 34-1705, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        34-1705.  VERIFICATION ON SHEETS FOR SIGNATURES. Each and every  signature
 12    sheet  of  each  petition  containing signatures shall be verified on the face
 13    thereof in substantially the following form by the person who circulated  said
 14    sheet of the petition, by his or her affidavit thereon, as a part thereof:
 15    State of Idaho
 16                            ss.
 17    County of
 18        I,  ....,  swear,  under  penalty  of perjury, that I am a resident of the
 19    State of Idaho and at least eighteen (18) years of age; and that every  person
 20    who signed this sheet of the foregoing petition signed his or her name thereto
 21    in  my presence. I believe that each has stated his or her name and the accom-
 22    panying required information on the signature sheet correctly,  and  that  the
 23    person was eligible to sign this petition.
 24                                                     (Signature) .................
 25                                                     Post office address .........
 26                                                     .............................
 27    Subscribed and sworn to before me this .... day of ...., 19.....
 28    (Notary Seal)
 29                                                     .............................
 30                                                             Notary Public
 31                                                     Residing at .................
                                                                        
 32        SECTION  3.  That  Section 34-1706, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        34-1706.  EXAMINATION AND CERTIFICATION OF SIGNATURES. (1)  All  petitions
 35    with  attached  signature  sheets  shall be presented to filed on the same day
 36    with the secretary of state, county clerk, or city clerk, as the case may  be,
 37    on  the  same day, and a cursory examination of the petitions shall be made by
 38    such officer first receiving them. The cursory examination shall  be  made  to
 39    determine  whether  the  petitions  apparently contain the necessary number of
 40    signatures. The secretary of state or the city clerk shall  promptly  transmit
 41    the  petitions  and attached signature sheets to the county clerk. An examina-
 42    tion to verify whether or not the  petition  signers  are  qualified  electors
 43    shall  be  conducted by the county clerk as provided in section 34-1807, Idaho
 44    Code. This examination shall not exceed fifteen (15) business  days  from  the
 45    date of receipt of the petitions.
 46        (a)  If  the total number of signatures on the petitions is not sufficient
 47        to satisfy the number required by section 34-1702, Idaho Code,  all  peti-
 48        tions  with attached signature sheets shall be retained by the officer who
 49        shall notify in writing the person filing the petition of  the  number  of
 50        signatures needed, and further signatures may be gathered.
 51        (b)  If the cursory examination of the signature sheets reveals:
                                                                        
                                           3
                                                                        
  1             (i)   Erasures on any signature;
  2             (ii)  Illegible or undecipherable signatures;
  3             (iii) Signatures  not  properly  identified by all of the information
  4             required on the sheet;
  5             (iv)  Duplicate signatures;
  6             (v)   Signatures of persons who have requested  in  writing  to  have
  7             their names removed from the petition;
  8    the officer making such cursory examination shall summarily reject such signa-
  9    tures  and such rejected signatures shall not be counted. Each rejected signa-
 10    ture shall be drawn through with ink and initialed by the  rejecting  officer.
 11    If  the  total  number of signatures not rejected is not sufficient to satisfy
 12    the number required  by  section  34-1702,  Idaho  Code,  all  petitions  with
 13    attached signature sheets shall be retained by the officer who shall notify in
 14    writing the person filing the petition of the number of signatures needed, and
 15    further signatures may be gathered.
 16        (2) (a)  All recall petitions presented to the secretary of state found to
 17        apparently  contain the necessary number of signatures, after the examina-
 18        tion provided for in section 34-1706(1), Idaho Code, shall be filed by the
 19        secretary of state and become public  records  of  the  state  not  to  be
 20        returned. The secretary of state shall promptly transmit the petition sec-
 21        tions  with  attached signature sheets to the proper county clerk, with an
 22        accompanying letter from the secretary of  state  ordering  the  signature
 23        sheets  to  be  examined and returned to the secretary of state within ten
 24        (10) days. The county clerk shall examine each signature purported  to  be
 25        that of a registered elector from his county, and compare each such signa-
 26        ture  with  the  registration documents available to the county clerk. The
 27        county clerk shall summarily reject all signatures:
 28             (i)   Which are illegible or undecipherable;
 29             (ii)  Which are not the signatures of registered electors;  and  such
 30             rejected signatures shall not be counted;
 31             (iii) Duplicate signatures; and
 32             (iv)  Signatures  of  persons  who  have requested in writing to have
 33             their names removed from the petition.
 34        Each rejected signature shall be drawn through with ink and  initialed  by
 35        the auditor.
 36        The  county clerk shall certify each signature found to comply with all of
 37    the requirements of this act by an appropriate mark following each signature.
 38        The county clerk shall certify to the secretary of state within the speci-
 39    fied number of days the number of signatures on the petition found  to  be  of
 40    registered electors, and shall return all petitions to the secretary of state.
 41        (b)  The secretary of state shall total the number of certified signatures
 42        from  each  of the county clerks, if applicable, and if found to total the
 43        number of signatures required by section 34-1702, Idaho Code,  shall  pro-
 44        ceed as provided in section 34-1707, Idaho Code.
 45        (3)  All  recall petitions presented to the county clerk for the recall of
 46    any county officer or special district officer found to apparently contain the
 47    necessary number of signatures, after the examination provided for in  section
 48    34-1706(1), Idaho Code, shall be filed with the county clerk and become public
 49    records  of the county not to be returned. The county clerk shall examine each
 50    signature purported to be that of a registered elector from  his  county,  and
 51    compare  each  such signature with the registration documents available to the
 52    county clerk. The county clerk shall summarily reject all signatures which are
 53    not the signatures of registered electors; and such rejected signatures  shall
 54    not  be  counted.  Each rejected signature shall be drawn through with ink and
 55    initialed by the clerk. The county clerk may take not to exceed ten (10)  days
                                                                        
                                           4
                                                                        
  1    after filing of the petition to complete his examination.
  2        The  county clerk shall certify each signature found to comply with all of
  3    the requirements of this act by an appropriate mark following each signature.
  4        The county clerk shall total the number of certified  signatures,  and  if
  5    found  to  total  the  number of signatures required by section 34-1702, Idaho
  6    Code, shall proceed as provided in section 34-1707, Idaho Code.
  7        (4)  All recall petitions presented to the city clerk for  the  recall  of
  8    any  city  officer  found to apparently contain the necessary number of signa-
  9    tures, after the examination provided for in section 34-1706(1),  Idaho  Code,
 10    shall  be  filed with the city clerk and become public records of the city not
 11    to be returned. The city clerk shall examine each such signature purported  to
 12    be  that  of a registered elector of the city, and compare each such signature
 13    with the registration documents available to the city clerk.  The  city  clerk
 14    shall summarily reject all signatures which are not the signatures of a regis-
 15    tered  elector of the city; and such rejected signatures shall not be counted.
 16    Each rejected signature shall be drawn through with ink and initialed  by  the
 17    city  clerk.  The city clerk may take not to exceed ten (10) days after filing
 18    of the petition to complete his examination.
 19        The city clerk shall certify each signature found to comply  with  all  of
 20    the requirements of this act by an appropriate mark following each signature.
 21        The  city  clerk  shall  total  the number of certified signatures, and if
 22    found to total the number of signatures required  by  section  34-1702,  Idaho
 23    Code, shall proceed as provided in section 34-1707, Idaho Code.
                                                                        
 24        SECTION  4.  That  Section 34-1707, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        34-1707.  SUFFICIENCY OF PETITION -- NOTIFICATION -- EFFECT OF RESIGNATION
 27    -- SPECIAL ELECTION.
 28        (1)  (a) In the event that a petition filed with the  secretary  of  state
 29        does  not  contain the required number of certified signatures after being
 30        returned by the county clerks, the secretary of  state  shall  inform  the
 31        person  or  organization under whose authority the petition was circulated
 32        that the petition is defective for lack of certified signatures, and spec-
 33        ify the number of additional signatures  required  to  make  the  petition
 34        valid.  The petition must be perfected within thirty (30) days of the date
 35        that the secretary of state finds the petition defective for lack of  cer-
 36        tified signatures. If the petition is not perfected within the thirty (30)
 37        day  period,  the  secretary  of state shall declare the petition null and
 38        void ab initio in its entirety.
 39        (b)  In the event that a petition filed with the  secretary  of  state  is
 40        found  by  the secretary of state to contain the required number of certi-
 41        fied signatures, the secretary of state shall promptly, by certified mail,
 42        inform the officer being recalled, and the  petitioner,  that  the  recall
 43        petition is in proper form.
 44             (ia)  If  the  officer  being recalled resigns his office within five
 45             (5) business days after notice from the secretary of state, his  res-
 46             ignation  shall  be accepted and the resignation shall take effect on
 47             the day it is offered, and the vacancy shall be filled as provided by
 48             law.
 49             (iib)  If the officer being  recalled  does  not  resign  his  office
 50             within  five  (5)  business  days  after notice from the secretary of
 51             state, a special election shall be ordered by the secretary of state,
 52             unless he is the officer being recalled, in which event the governor
 53             shall order such special election. The special election must be  held
                                                                        
                                           5
                                                                        
  1             on  the date prescribed in section 34-106, Idaho Code. If the officer
  2             being recalled is one (1) specified in section  34-1701(1)(a),  Idaho
  3             Code, the special election shall be conducted statewide. If the offi-
  4             cer  being  recalled  is  one (1) specified in section 34-1701(1)(b),
  5             Idaho Code, the special election shall be conducted only in the  leg-
  6             islative district.
  7        (2)  (a) In  the  event that a petition filed with a county clerk does not
  8        contain the required number of  certified  signatures,  the  county  clerk
  9        shall inform the person or organization under whose authority the petition
 10        was circulated that the petition is defective for lack of certified signa-
 11        tures,  and  specify  the number of additional signatures required to make
 12        the petition valid. The petition must be perfected within thirty (30) days
 13        of the date that the clerk finds the petition defective for lack of certi-
 14        fied signatures. If the petition is not perfected within the  thirty  (30)
 15        day  period,  the clerk shall declare the petition null and void ab initio
 16        in its entirety.
 17        (b)  In the event that a petition filed with the county clerk is found  by
 18        the  county  clerk to contain the required number of certified signatures,
 19        the county clerk shall promptly, by certified  mail,  inform  the  officer
 20        being  recalled, and the petitioner, that the recall petition is in proper
 21        form.
 22             (ia)  If the officer being recalled resigns his  office  within  five
 23             (5) business days after notice from the county clerk, his resignation
 24             shall be accepted and the resignation shall take effect on the day it
 25             is offered, and the vacancy shall be filled as provided by law.
 26             (iib)  If  the  officer  being  recalled  does  not resign his office
 27             within five (5) business days after notice from the county  clerk,  a
 28             special  election  shall  be ordered by the county clerk. The special
 29             election must be held on the date prescribed in section 34-106, Idaho
 30             Code. The special election shall be conducted county-wide countywide.
 31        (c3)  In the event that a petition filed with the county clerk  concerning
 32        the  recall  of  an  official of a special district is found by the county
 33        clerk to contain the required number of certified signatures,  the  county
 34        clerk  shall  promptly,  by  certified  mail,  inform  the  officer  being
 35        recalled,  and  the petitioner, and the governing board and election offi-
 36        cials of the special district that the recall petition is in proper form.
 37             (ia)  If the officer being recalled resigns his  office  within  five
 38             (5) business days after notice from the county clerk, his resignation
 39             shall be accepted and the resignation shall take effect on the day it
 40             is offered, and the vacancy shall be filled as provided by law.
 41             (iib)  If  the  officer  being  recalled  does  not resign his office
 42             within five (5) business days after notice from the county  clerk,  a
 43             special  election shall be ordered by the governing board of the spe-
 44             cial district. The special election must be held  on  the  date  pre-
 45             scribed  in  section  34-106,  Idaho Code. The election shall be con-
 46             ducted by the special district in  the  manner  provided  in  section
 47             34-1401,  Idaho  Code, and the special district may contract with the
 48             county clerk as provided in section 34-1401, Idaho Code.
 49        (3)  (a) In the event that a petition filed with a  city  clerk  does  not
 50        contain  the required number of certified signatures, the city clerk shall
 51        inform the person or organization under whose authority the  petition  was
 52        circulated  that  the  petition  is defective for lack of certified signa-
 53        tures, and specify the number of additional signatures  required  to  make
 54        the petition valid. The petition must be perfected within thirty (30) days
 55        of  the  date that the city clerk finds the petition defective for lack of
                                                                        
                                           6
                                                                        
  1        certified signatures. If the petition is not perfected within  the  thirty
  2        (30)  day  period,  the  clerk shall declare the petition null and void ab
  3        initio in its entirety.
  4        (b4)  In the event that a petition filed with a city clerk is found by the
  5        city clerk to contain the required number  of  certified  signatures,  the
  6        city  clerk  shall  promptly,  by certified mail, inform the officer being
  7        recalled, and the petitioner, that the recall petition is in proper form.
  8             (ia)  If the officer being recalled resigns his  office  within  five
  9             (5)  business  days after notice from the city clerk, his resignation
 10             shall be accepted and the resignation shall take effect on the day it
 11             is offered, and the vacancy shall be filled as provided by law.
 12             (iib)  If the officer being  recalled  does  not  resign  his  office
 13             within  five  (5)  business  days after notice from the city clerk, a
 14             special election shall be ordered by  the  city  clerk.  The  special
 15             election must be held on the date prescribed in section 34-106, Idaho
 16             Code. The special election shall be conducted city-wide citywide.
 17        (5)  In the event that a petition is found not to have the required number
 18    of signatures, the officer shall continue in office and no new recall petition
 19    may be circulated for a period of ninety (90) days against the same officer.
                                                                        
 20        SECTION  5.  That  Section 34-1711, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        34-1711.  CANVASS OF RETURNS. (1) The board of county commissioners  shall
 23    act  as  the  board  of  canvassers for all special recall elections involving
 24    state and county officers that involve elections held wholly or partly  within
 25    their county.
 26        (a)  For  all special recall elections involving state officers, the board
 27        of county commissioners shall meet at 12 noon on the third within ten (10)
 28        days after said election to canvass the votes cast at such  election,  and
 29        shall  immediately  transmit  to the secretary of state an abstract of the
 30        votes cast.
 31        (ib)  Within ten fifteen (105) days following the special recall  election
 32        held  to  recall a state officer, the state board of canvassers shall meet
 33        and canvass the votes cast at such election, and the  secretary  of  state
 34        shall immediately after the completion thereof, proclaim the results.
 35        (bc)  For  all  special  recall  elections  involving county officers, the
 36        board of county commissioners shall meet at 12 noon on  the  third  within
 37        ten  (10) days after said election to canvass the votes cast at such elec-
 38        tion, and the county clerk shall immediately after the completion thereof,
 39        proclaim the results.
 40        (cd)  For all special recall elections involving city officers, the  mayor
 41        and  council  shall  meet within five six (56) days after said election to
 42        canvass the votes cast at such election, and the city clerk shall  immedi-
 43        ately after the completion thereof, proclaim the results.
                                                                        
 44        SECTION  6.  That  Section 34-1713, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        34-1713.  TIME WITHIN WHICH RECALL MAY BE FILED -- REMOVAL OF  SIGNATURES.
 47    (1)  No petition for a recall shall be circulated against any officer until he
 48    has actually held his office ninety (90) days.
 49        (2)  After one (1) special recall election,  no  further  recall  petition
 50    shall    be  filed against the same officer during his current term of office,
 51    unless the petitioners first pay into the public treasury which has paid  such
                                                                        
                                           7
                                                                        
  1    special recall election expenses the whole amount of the expenses for the pre-
  2    ceding recall election. The specific reason for recall in one (1) recall peti-
  3    tion cannot be the basis for a second recall petition during that current term
  4    of office.
  5        (3)  The  signer  of  any recall petition may remove his own name from the
  6    petition by crossing out, obliterating, or otherwise defacing his  own  signa-
  7    ture at any time prior to the time when the petition is filed.
  8        (4)  The  signer of any recall petition may have his name removed from the
  9    petition at any time after the petition has been filed, but prior to the  time
 10    when  an election has been ordered, by presenting or submitting to the officer
 11    who receives the recall petition, a signed statement, that the signer  desires
 12    to have his name removed from the petition. The statement shall contain suffi-
 13    cient information to clearly identify the signer. The officer who receives the
 14    statement  shall  immediately  strike the signer's name from the petition, and
 15    adjust the total of certified signatures  on  the  petition  accordingly.  The
 16    statement shall be attached to, and become a part of the petition for recall.
                                                                        
 17        SECTION  7.  That  Section 34-1715, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        34-1715.  REFUSAL TO ACCEPT PETITION -- MANDATE -- INJUNCTION. If the sec-
 20    retary of state, county clerk, or city clerk, shall refuses to accept and file
 21    any petition for the recall of a public officer with the requisite  number  of
 22    eligible signatures, any citizen may apply within ten (10) business days after
 23    such  refusal to the district court for a writ of mandamus to compel him to do
 24    so. If it shall be decided by the court that such petition is  legally  suffi-
 25    cient,  the  secretary of state, county clerk, or city clerk shall then accept
 26    and file the recall petition, with a certified copy of the  judgment  attached
 27    thereto,  as  of the date on which it was originally offered for filing in his
 28    office, except that the time limitations required by section 34-1704(2), Idaho
 29    Code, shall begin to run only as of the date  of  the  court  judgment,  which
 30    shall  be  so  stated  in  the judgment. On a showing that the petition is not
 31    legally sufficient, the court may enjoin the secretary of state, county clerk,
 32    or city clerk, and all other officers from certifying or printing any official
 33    ballot for a recall election. All such suits shall be advanced  on  the  court
 34    docket and heard and decided by the court as quickly as possible. Either party
 35    may appeal to the supreme court of appeals within ten (10) business days after
 36    a  decision  is  rendered. The district court of the state of Idaho in and for
 37    Ada County shall have jurisdiction in all cases involving the recall of  state
 38    officers.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
    
                               RS 13590
    
This legislation does not affect the constitutional right to
initiate a recall, but clarifies the procedures to be followed
from the time a prospective recall petition is presented through
the petition checking, election and canvass of votes. This
legislation will remove some of the confusion involved with the
process and establishes set time-lines.
    
    
    
    
    
    
                            FISCAL IMPACT
    
This legislation will have no impact on the state general fund.
    
    
CONTACT
Name:       Tim Hurst
Agency:     Secretary of State
Phone       334-2852                           H 559