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H0563......................................................by STATE AFFAIRS ELECTOR - ABSENTEE BALLOT - Amends existing law relating to election laws to strike a provision providing for finding and discarding the absentee ballot of an elector who has subsequently died. 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 - 60-10-0 AYES -- Andersen, Barraclough, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, Bauer, Bayer, Ellsworth, Harwood, Kulczyk, Moyle, Raybould, Sali, Wood Absent and excused -- None Floor Sponsor - Sayler 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 248 Effective: 03/23/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 563 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTION LAWS; AMENDING SECTION 34-1009, IDAHO CODE, TO STRIKE A 3 PROVISION FOR FINDING AND DISCARDING THE ABSENTEE BALLOT OF AN ELECTOR WHO 4 SUBSEQUENTLY HAS DIED AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN 5 EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 34-1009, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 34-1009. CHALLENGING ABSENTEE ELECTOR'S VOTE. The vote of any absent 10 elector may be challenged in the same manner as other votes are challenged and 11 the receiving judges shall have power and authority to determine the legality 12 of such ballot. If the challenge be sustained, or if the receiving judges 13 determine, that the affidavit accompanying the absent elector's ballot is 14 insufficient, or that the elector is not a qualified registered elector the 15 envelope containing the ballot of such elector shall not be opened and the 16 judges shall endorse on the back of the envelope the reason therefor.Whenever17it shall be made to appear to the receiving judges by sufficient proof that18any elector who has marked and forwarded his ballot has died, then the enve-19lope containing the ballot of such deceased elector shall not be opened and20the judges shall make proper notation on the back of such envelope.If an 21 absent elector's envelope contains more than one (1) marked ballot of any one 22 (1) kind, none of such ballots shall be counted and the judges shall make 23 notations on the back of the ballots the reason therefor. Judges of election 24 shall certify in their returns the number of absent electors' ballots cast and 25 counted and the number of such ballots rejected. 26 SECTION 2. An emergency existing therefor, which emergency is hereby 27 declared to exist, this act shall be in full force and effect on and after its 28 passage and approval.
STATEMENT OF PURPOSE RS 13697 The purpose of this legislation is to amend Idaho Code 34-1009, deleting the section that directs election officials to discard the vote of a person who casts an absentee ballot but dies before election day. FISCAL IMPACT There would be no additional costs associated with the passage of this bill. Contact Name: Rep. George Sayler Phone: 208/332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 563