View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 - 2004IN 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 ofsucha 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 recalland sheets for signaturesshall be printed on a good quality 28 bond or ledger paper, on pages eight and one-half (8 1/2) inches in width by29thirteen (13) inches in length, with a margin of one and three-fourths (1 3/4)30inches at the top for binding, and the sheets for signatures shall have num-31bered lines thereon from one (1) to twenty (20) for signatures. The petition32shall be prepared in sections, with each section numbered consecutively. Each33section of a petition must have a printed copy of the petition as the first34page, and each section shall have attached to it not more than ten (10) sheets35for signaturesof 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, countyauditorclerk, 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 2sixty (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 thesixty (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, Idaho8Code. 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 bepresented tofiled on the same day 36 with the secretary of state, county clerk, or city clerk, as the case may be,37on the same day, and a cursory examination of the petitions shall be made by38such officer first receiving them. The cursory examination shall be made to39determine whether the petitions apparently contain the necessary number of40signatures. 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 sufficient47to satisfy the number required by section 34-1702, Idaho Code, all peti-48tions with attached signature sheets shall be retained by the officer who49shall notify in writing the person filing the petition of the number of50signatures 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 information4required on the sheet;5(iv) Duplicate signatures;6(v) Signatures of persons who have requested in writing to have7their names removed from the petition;8the officer making such cursory examination shall summarily reject such signa-9tures and such rejected signatures shall not be counted. Each rejected signa-10ture shall be drawn through with ink and initialed by the rejecting officer.11If the total number of signatures not rejected is not sufficient to satisfy12the number required by section 34-1702, Idaho Code, all petitions with13attached signature sheets shall be retained by the officer who shall notify in14writing the person filing the petition of the number of signatures needed, and15further signatures may be gathered.16(2) (a) All recall petitions presented to the secretary of state found to17apparently contain the necessary number of signatures, after the examina-18tion provided for in section 34-1706(1), Idaho Code, shall be filed by the19secretary of state and become public records of the state not to be20returned. The secretary of state shall promptly transmit the petition sec-21tions with attached signature sheets to the proper county clerk, with an22accompanying letter from the secretary of state ordering the signature23sheets to be examined and returned to the secretary of state within ten24(10) days. The county clerk shall examine each signature purported to be25that of a registered elector from his county, and compare each such signa-26ture with the registration documents available to the county clerk. The27county clerk shall summarily reject all signatures:28(i) Which are illegible or undecipherable;29(ii) Which are not the signatures of registered electors; and such30rejected signatures shall not be counted;31(iii) Duplicate signatures; and32(iv) Signatures of persons who have requested in writing to have33their names removed from the petition.34Each rejected signature shall be drawn through with ink and initialed by35the auditor.36The county clerk shall certify each signature found to comply with all of37the requirements of this act by an appropriate mark following each signature.38The county clerk shall certify to the secretary of state within the speci-39fied number of days the number of signatures on the petition found to be of40registered electors, and shall return all petitions to the secretary of state.41(b) The secretary of state shall total the number of certified signatures42from each of the county clerks, if applicable, and if found to total the43number of signatures required by section 34-1702, Idaho Code, shall pro-44ceed as provided in section 34-1707, Idaho Code.45(3) All recall petitions presented to the county clerk for the recall of46any county officer or special district officer found to apparently contain the47necessary number of signatures, after the examination provided for in section4834-1706(1), Idaho Code, shall be filed with the county clerk and become public49records of the county not to be returned. The county clerk shall examine each50signature purported to be that of a registered elector from his county, and51compare each such signature with the registration documents available to the52county clerk. The county clerk shall summarily reject all signatures which are53not the signatures of registered electors; and such rejected signatures shall54not be counted. Each rejected signature shall be drawn through with ink and55initialed by the clerk. The county clerk may take not to exceed ten (10) days4 1after filing of the petition to complete his examination.2The county clerk shall certify each signature found to comply with all of3the requirements of this act by an appropriate mark following each signature.4The county clerk shall total the number of certified signatures, and if5found to total the number of signatures required by section 34-1702, Idaho6Code, shall proceed as provided in section 34-1707, Idaho Code.7(4) All recall petitions presented to the city clerk for the recall of8any city officer found to apparently contain the necessary number of signa-9tures, after the examination provided for in section 34-1706(1), Idaho Code,10shall be filed with the city clerk and become public records of the city not11to be returned. The city clerk shall examine each such signature purported to12be that of a registered elector of the city, and compare each such signature13with the registration documents available to the city clerk. The city clerk14shall summarily reject all signatures which are not the signatures of a regis-15tered elector of the city; and such rejected signatures shall not be counted.16Each rejected signature shall be drawn through with ink and initialed by the17city clerk. The city clerk may take not to exceed ten (10) days after filing18of the petition to complete his examination.19The city clerk shall certify each signature found to comply with all of20the requirements of this act by an appropriate mark following each signature.21The city clerk shall total the number of certified signatures, and if22found to total the number of signatures required by section 34-1702, Idaho23Code, 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 state29does not contain the required number of certified signatures after being30returned by the county clerks, the secretary of state shall inform the31person or organization under whose authority the petition was circulated32that the petition is defective for lack of certified signatures, and spec-33ify the number of additional signatures required to make the petition34valid. The petition must be perfected within thirty (30) days of the date35that the secretary of state finds the petition defective for lack of cer-36tified signatures. If the petition is not perfected within the thirty (30)37day period, the secretary of state shall declare the petition null and38void 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 not8contain the required number of certified signatures, the county clerk9shall inform the person or organization under whose authority the petition10was circulated that the petition is defective for lack of certified signa-11tures, and specify the number of additional signatures required to make12the petition valid. The petition must be perfected within thirty (30) days13of the date that the clerk finds the petition defective for lack of certi-14fied signatures. If the petition is not perfected within the thirty (30)15day period, the clerk shall declare the petition null and void ab initio16in 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 conductedcounty-widecountywide. 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 not50contain the required number of certified signatures, the city clerk shall51inform the person or organization under whose authority the petition was52circulated that the petition is defective for lack of certified signa-53tures, and specify the number of additional signatures required to make54the petition valid. The petition must be perfected within thirty (30) days55of the date that the city clerk finds the petition defective for lack of6 1certified signatures. If the petition is not perfected within the thirty2(30) day period, the clerk shall declare the petition null and void ab3initio 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 conductedcity-widecitywide. 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 meetat 12 noon on the thirdwithin 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) Withintenfifteen (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 meetat 12 noon on the thirdwithin 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 withinfivesix (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 the9petition at any time after the petition has been filed, but prior to the time10when an election has been ordered, by presenting or submitting to the officer11who receives the recall petition, a signed statement, that the signer desires12to have his name removed from the petition. The statement shall contain suffi-13cient information to clearly identify the signer. The officer who receives the14statement shall immediately strike the signer's name from the petition, and15adjust the total of certified signatures on the petition accordingly. The16statement 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,shallrefuses 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 thesupremecourt 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