2005 Legislation
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HOUSE BILL NO. 223 – Election, county sheriff

HOUSE BILL NO. 223

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Bill Status



H0223......................................................by STATE AFFAIRS
COUNTY SHERIFF - ELECTION - Amends existing law to provide when a county
deputy sheriff or jailer has filed a declaration of candidacy for the
position of county sheriff in the same county where he or she is employed
as a county deputy or jailer and where the county sheriff has filed his or
her declaration of candidacy for reelection to the position of county
sheriff, the county deputy sheriff or jailer shall take a leave of absence
from his or her county position on the day following the last day to
declare candidacy; and to provide for reinstatement after the primary or
general election when the person is no longer a candidate for the office
against an incumbent sheriff.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 223
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTION OF COUNTY SHERIFFS; AMENDING SECTION 34-618, IDAHO  CODE,
  3        TO  PROVIDE THAT WHEN A COUNTY DEPUTY SHERIFF OR JAILER HAS FILED A DECLA-
  4        RATION OF CANDIDACY FOR THE POSITION OF COUNTY SHERIFF IN THE SAME  COUNTY
  5        WHERE HE OR SHE IS EMPLOYED AS A COUNTY DEPUTY SHERIFF OR JAILER AND WHERE
  6        THE  COUNTY  SHERIFF  HAS  FILED  HIS  OR HER DECLARATION OF CANDIDACY FOR
  7        REELECTION TO THE POSITION OF COUNTY SHERIFF, THE COUNTY DEPUTY SHERIFF OR
  8        JAILER SHALL TAKE A LEAVE OF ABSENCE FROM HIS OR HER  COUNTY  POSITION  ON
  9        THE  DAY  FOLLOWING  THE  LAST DAY TO DECLARE CANDIDACY AND TO PROVIDE FOR
 10        REINSTATEMENT AFTER THE PRIMARY OR GENERAL ELECTION WHEN THE PERSON IS  NO
 11        LONGER A CANDIDATE FOR THE OFFICE AGAINST AN INCUMBENT SHERIFF.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  34-618, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        34-618.  ELECTION OF COUNTY SHERIFFS -- QUALIFICATIONS. (1) At the general
 16    election, 1972, and every four  (4)  years  thereafter,  a  sheriff  shall  be
 17    elected in every county.
 18        (2)  No  person  shall  be  elected to the office of sheriff unless he has
 19    attained the age of twenty-one (21) years at the time of his  election,  is  a
 20    citizen  of the United States and shall have resided within the county one (1)
 21    year next preceding his election.
 22        (3)  Each candidate shall file  his  declaration  of  candidacy  with  the
 23    county clerk.
 24        (4)  Each candidate who files a declaration of candidacy shall at the same
 25    time  pay  a  filing fee of forty dollars ($40.00) which shall be deposited in
 26    the county treasury.
 27        (5)  Notwithstanding any other provision of law to the contrary,  when   a
 28    county  deputy sheriff or jailer  has filed a declaration of candidacy for the
 29    position of county sheriff in the same county where he or she is employed as a
 30    county deputy sheriff or jailer and where the county sheriff has filed his  or
 31    her declaration of candidacy for reelection to the position of county sheriff,
 32    the county deputy sheriff or jailer shall take a leave of absence from  his or
 33    her  county position on the day following the last day to declare candidacy as
 34    described in section 34-704, Idaho Code, until the day after  the  primary  or
 35    general  election,  at  which time he or she shall be reinstated to his or her
 36    employment at his or her former rank when the person is no longer a  candidate
 37    for the office against an incumbent sheriff.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 14782C2

Police agencies are quasi-military organizations.  When a deputy
sheriff runs against the sheriff who is running for re-election,
discipline, confidentiality, confidence and trust break down
dramatically.  The deputy is in a position to file civil rights
actions against the sheriff for any discipline issued on the
theory that the sheriff is engaging in pretextual discipline in
order to violate the deputy's free speech rights.  This bill
proposes that when a deputy sheriff chooses to run against a
sheriff who is running for re-election, the deputy must take a
leave of absence from his county position until the election is
over. This bill is limited to county sheriff's deputies, and will
have no application to any other position in the state.



                          FISCAL NOTE

This bill will have no fiscal impact on the state general fund.




Contact
Name:  Michael J. Kane, Idaho Sheriff's Association 
Phone: 208-342-4545


STATEMENT OF PURPOSE/FISCAL NOTE                   H 223