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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
]]]] 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 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