2004 Legislation
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HOUSE BILL NO. 560 – Precinct, mail ballot, created

HOUSE BILL NO. 560

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Bill Status



H0560aaS...................................................by STATE AFFAIRS
MAIL BALLOT PRECINCT - Adds to existing law to provide for the creation of
a mail ballot precinct; and to provide conditions which must be met in the
conduct of an election.
                                                                        
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 - 52-18-0
      AYES -- Andersen, Barraclough, Bauer, Bell, Black, Block, Boe, Bolz,
      Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas,
      Edmunson, Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest,
      Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez, Meyer,
      Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring,
      Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Bayer, Bedke, Bradford, Crow, Eberle, Ellsworth,
      Harwood, Kulczyk, McGeachin, McKague, Moyle, Raybould, Roberts, Sali,
      Schaefer, Smylie, Wood
      Absent and excused -- None
    Floor Sponsors - Miller & Skippen
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to St Aff
03/02    Rpt out - to 14th Ord
03/08    Rpt out amen - to 1st rdg as amen
03/09    1st rdg - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/12    3rd rdg as amen - PASSED - 31-4-0
      AYES -- Andreason(Andreason), Bailey, Brandt, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Little, Lodge, Malepeai, Marley,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Werk, Williams
      NAYS -- Bunderson, Keough, McKenzie, Sweet
      Absent and excused -- None
    Floor Sponsor - Stennett
    Title apvd - to House
03/15    House concurred in Senate amens - to engros
03/16    Rpt engros - 1st rdg - to 2nd rdg as amen
03/17    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 54-15-1
      AYES -- Andersen, Barraclough, Bauer, Bell, Black, Block, Boe, Bolz,
      Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Douglas,
      Edmunson, Eskridge, Field(18), Gagner, Garrett, Henbest, Jaquet,
      Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
      Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,
      Ridinger, Ring, Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Mr. Speaker
      NAYS -- Barrett, Bayer, Bedke, Crow, Denney, Eberle, Ellsworth,
      Harwood, Kulczyk, McKague, Moyle, Roberts, Sali, Schaefer, Wood
      Absent and excused -- Field(23)
    Floor Sponsor - Miller
    Title apvd - to enrol
03/18    Rpt enrol - Sp signed
03/19    Pres signed - To Governor
03/23    Governor signed
         Session Law Chapter 165
         Effective: 03/23/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 560
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CONDUCT OF ELECTIONS BY MAIL; AMENDING CHAPTER 3, TITLE 34,  IDAHO
  3        CODE,  BY  THE ADDITION OF A NEW SECTION 34-308, IDAHO CODE, TO GOVERN THE
  4        CREATION OF A MAIL BALLOT PRECINCT AND TO PROVIDE CONDITIONS WHICH MUST BE
  5        MET IN THE CONDUCT OF AN ELECTION; AND DECLARING AN EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Chapter 3, Title 34, Idaho Code,  be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 34-308, Idaho Code, and to read as follows:
                                                                        
 10        34-308.  MAIL BALLOT PRECINCT. A precinct within the county which contains
 11    no more than two hundred fifty (250) registered electors at the  last  general
 12    election, may be designated by the board of county commissioners a mail ballot
 13    precinct  no  later  than April 1 in an even-numbered year. Such a designation
 14    shall apply thereafter to all elections conducted within  the  precinct  until
 15    revoked  by the board of county commissioners. Having designated a mail ballot
 16    precinct, there shall be no voting  place  established  within  the  precinct.
 17    Elections  in a mail ballot precinct shall be conducted in a manner consistent
 18    with absentee voting with the following special provisions.
 19        (1)  The clerk shall issue a ballot, by mail, to every registered voter in
 20    a mail ballot precinct, and shall affix to the return envelope, postage suffi-
 21    cient to return the ballot.
 22        (2)  The ballot shall be mailed no sooner than twenty-four (24) days prior
 23    to the election day and no later than the fourteenth day prior  to  the  elec-
 24    tion.
 25        (3)  The  clerk  shall  make necessary provisions to segregate mail ballot
 26    precinct ballots by precinct, and for all purposes of the election,  the  pre-
 27    cinct integrity shall be maintained.
 28        (4)  The  clerk shall make available in the office of the clerk, registra-
 29    tion on election day for any individual  who  is  eligible  to  vote  and  who
 30    resides in a mail ballot precinct and has not previously registered. The clerk
 31    shall provide an official polling place in the office of the clerk and a qual-
 32    ified  elector who registers on election day and resides in a mail ballot pre-
 33    cinct shall be allowed to vote at the office of the clerk.
                                                                        
 34        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 35    declared to exist, this act shall be in full force and effect on and after its
 36    passage and approval.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                                     Moved by    Stegner             
                                                                        
                                                     Seconded by Stennett            
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 560
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in  line  11,  delete  "two  hundred  fifty
  3    (250)" and insert: "one hundred twenty-five (125)".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 560, As Amended in the Senate
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CONDUCT OF ELECTIONS BY MAIL; AMENDING CHAPTER 3, TITLE 34,  IDAHO
  3        CODE,  BY  THE ADDITION OF A NEW SECTION 34-308, IDAHO CODE, TO GOVERN THE
  4        CREATION OF A MAIL BALLOT PRECINCT AND TO PROVIDE CONDITIONS WHICH MUST BE
  5        MET IN THE CONDUCT OF AN ELECTION; AND DECLARING AN EMERGENCY.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Chapter 3, Title 34, Idaho Code,  be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 34-308, Idaho Code, and to read as follows:
                                                                        
 10        34-308.  MAIL BALLOT PRECINCT. A precinct within the county which contains
 11    no more than one hundred twenty-five (125) registered  electors  at  the  last
 12    general  election,  may  be  designated by the board of county commissioners a
 13    mail ballot precinct no later than April 1 in an even-numbered  year.  Such  a
 14    designation  shall apply thereafter to all elections conducted within the pre-
 15    cinct until revoked by the board of county commissioners. Having designated  a
 16    mail  ballot  precinct,  there shall be no voting place established within the
 17    precinct. Elections in a mail ballot precinct shall be conducted in  a  manner
 18    consistent with absentee voting with the following special provisions.
 19        (1)  The clerk shall issue a ballot, by mail, to every registered voter in
 20    a mail ballot precinct, and shall affix to the return envelope, postage suffi-
 21    cient to return the ballot.
 22        (2)  The ballot shall be mailed no sooner than twenty-four (24) days prior
 23    to  the  election  day and no later than the fourteenth day prior to the elec-
 24    tion.
 25        (3)  The clerk shall make necessary provisions to  segregate  mail  ballot
 26    precinct  ballots  by precinct, and for all purposes of the election, the pre-
 27    cinct integrity shall be maintained.
 28        (4)  The clerk shall make available in the office of the clerk,  registra-
 29    tion  on  election  day  for  any  individual  who is eligible to vote and who
 30    resides in a mail ballot precinct and has not previously registered. The clerk
 31    shall provide an official polling place in the office of the clerk and a qual-
 32    ified elector who registers on election day and resides in a mail ballot  pre-
 33    cinct shall be allowed to vote at the office of the clerk.
                                                                        
 34        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 35    declared to exist, this act shall be in full force and effect on and after its
 36    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 13586
                                
This legislation creates a mail ballot precinct at the
option of the county commissioners. Mail ballot precincts
may contain no more than two hundred and fifty (250)
registered electors. Elections conducted in the precincts
designated remote will be consistent with absentee voting
with the following special provisions:
1.) Each registered voter in the mail ballot precinct will
be issued a ballot by the clerk with a return envelope,
postage paid.
2.) The ballot will be mailed no sooner than 24 days prior
to the election and no later than the 14th day prior to the
election.
3.) Precinct integrity will be maintained by segregating
the ballots received.
4.) Same day registration and voting will be provided in
the office of the clerk.
      
      
      
      
                           FISCAL IMPACT
                                
Savings will be realized by the State and counties in an
amount up to $260,000 by not requiring the purchase of a
touch screen voting device otherwise required by the Help
America Vote Act for each polling place. Staff savings for
mail ballot precincts will also be realized. In addition,
it is becoming more difficult to locate people who will
work at the polls.
     
      
CONTACT
Name:    Tim Hurst
Agency:  Secretary of State
Phone    334-2852
     
CONTACT
Name:    Tony Poinelli
Agency:  Idaho Association of Counties
Phone    345-9126                            H 560