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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 - 2004
IN 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. Whenever
17 it shall be made to appear to the receiving judges by sufficient proof that
18 any elector who has marked and forwarded his ballot has died, then the enve-
19 lope containing the ballot of such deceased elector shall not be opened and
20 the 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