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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
]]]] 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
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