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H0467......................................................by STATE AFFAIRS
ELECTIONS - Amends existing law to provide for watchers to observe the
conduct of an election; to allow pro and con persons to be at polling
places for the purpose of challenging voters and observing the conduct of
an election; to provide procedures; to provide for utilization of the
statewide voter registration system for notifying registration officials or
the county clerk where the elector was previously registered so the prior
registration may be cancelled; to delete language allowing an elector to
request a change in the information on his registration card; and to
provide that the county clerk shall supply to a requesting school board a
list of registered electors.
01/25 House intro - 1st rdg - to printing
01/26 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 467
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ELECTION PROCEDURES; AMENDING SECTION 34-304, IDAHO CODE, TO PRO-
3 VIDE FOR WATCHERS TO OBSERVE THE CONDUCT OF AN ELECTION, TO ALLOW PRO AND
4 CON PERSONS TO BE AT POLLING PLACES FOR THE PURPOSE OF CHALLENGING VOTERS
5 AND OBSERVING THE CONDUCT OF AN ELECTION AND TO PROVIDE PROCEDURES; AMEND-
6 ING SECTION 34-418, IDAHO CODE, TO PROVIDE FOR UTILIZATION OF THE STATE-
7 WIDE VOTER REGISTRATION SYSTEM FOR NOTIFYING REGISTRATION OFFICIALS OR THE
8 COUNTY CLERK WHERE THE ELECTOR WAS PREVIOUSLY REGISTERED SO THAT THE PRIOR
9 REGISTRATION MAY BE CANCELLED; AMENDING SECTION 34-432, IDAHO CODE, TO
10 DELETE LANGUAGE ALLOWING AN ELECTOR TO REQUEST A CHANGE IN THE INFORMATION
11 ON HIS REGISTRATION CARD; AND AMENDING SECTION 34-437B, IDAHO CODE, TO
12 PROVIDE THAT THE COUNTY CLERK SHALL SUPPLY TO A REQUESTING SCHOOL BOARD A
13 LIST OF REGISTERED ELECTORS.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 34-304, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 34-304. CHALLENGERS -- WATCHERS. The county clerk shall, upon receipt of
18 a written request, such request to be received no later than five (5) days
19 prior to the day of election, direct that the election judges permit one (1)
20 person authorized by each political party to be at the polling place for the
21 purpose of challenging voters, and shall, if requested, permit any candidate,
22 or one (1) person authorized by a candidate, several candidates or political
23 party, to be present to watch the receiving and counting of the votes serve as
24 a watcher to observe the conduct of the election. Such authorization shall be
25 evidenced by a writing signed by the county chairman and secretary of the
26 political party, or by the candidate or candidates, and filed with the county
27 clerk. Where the issue before the electors is other than the election of offi-
28 cers, the clerk shall, upon receipt of a written request, such request to be
29 received no later than five (5) days prior to the date of voting on the issue
30 or issues, direct that the election judges permit one (1) pro and one (1) con
31 person to be at the polling place for the purpose of challenging voters and to
32 observe the conduct of the election. Such authorization shall be evidenced in
33 writing signed by the requesting person and shall state which position rela-
34 tive to the issue or issues the person represents. Persons who are authorized
35 to serve as challengers or watchers shall wear a visible name tag which
36 includes their respective titles. A watcher is entitled to observe any activ-
37 ity conducted at the location at which the watcher is serving, provided how-
38 ever, that the watcher does not interfere with the orderly conduct of the
39 election. If the watchers are present at the polling place when ballots are
40 counted they shall not absent themselves until the polls are closed. A watcher
41 serving at a central counting station may be present at any time the station
42 is open for the purpose of processing or preparing to process election results
43 and until the election officers complete their duties at the station. If the
2
1 county clerk does not receive the list of names of those which the parties
2 desired to be present for the purpose of either poll watching or challenging
3 within the time prescribed above, the clerk shall not allow the presence of
4 such persons later seeking to serve in those capacities. Persons who are
5 authorized to serve as challengers or watchers shall wear a visible name tag
6 which includes their respective titles. Persons permitted to be present to
7 watch the counting of the votes shall not absent themselves until the polls
8 are closed.
9 SECTION 2. That Section 34-418, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 34-418. WEEKLY REVIEW OF NEW REGISTRATION CARDS -- REPORT TO INTERESTED
12 OFFICIALS. Each week the county clerk shall review the registration cards of
13 all newly registered electors for the past weekly period to determine whether
14 they have been previously registered to vote in another state or in another
15 county within this state. The county clerk or secretary of state, through the
16 statewide voter registration system, shall mail a notification of registration
17 to notify the proper registration official or county clerk where the elector
18 was previously registered so that the prior registration may be cancelled.
19 This notice shall explain that the elector has appeared and registered in this
20 county. The form of such notice shall be prescribed by the secretary of state.
21 SECTION 3. That Section 34-432, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 34-432. CORRECTION OF ELECTION REGISTER FROM CHALLENGES AT ELECTION. (1)
24 Within sixty (60) days after each election, the county clerk shall examine the
25 election register and note the challenges as described in section 34-431,
26 Idaho Code. The county clerk shall mail a written inquiry to the challenged
27 elector at his mailing address as indicated on his registration card. Such
28 inquiry shall state the nature of the challenge and provide a suitable form
29 for reply.
30 (2) Within twenty (20) days from date of mailing of the written inquiry
31 the elector may, in person or in writing, state that the information on his
32 registration card is correct. or he may request a change in the information on
33 his registration card. Upon receipt of such a statement or request the county
34 clerk shall determine whether the information satisfies the challenge. If the
35 county clerk determines that the challenge has not been satisfied, the county
36 clerk shall schedule a hearing on the challenge and shall notify the elector
37 of the place and time of the hearing. The hearing shall be held no later than
38 twenty (20) days after notice is given. At the hearing, the challenged elector
39 may present evidence of qualification. If the county clerk, upon the conclu-
40 sion of the hearing, determines that the challenged elector's registration is
41 not valid, the county clerk shall cancel the registration. If a challenged
42 elector fails to make the statement or request in response to the inquiry, the
43 county clerk shall cancel the registration.
44 (3) The county clerk may make inquiry into the validity of any registra-
45 tion at any time. The inquiry shall proceed as provided in this section.
46 SECTION 4. That Section 34-437B, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 34-437B. FURNISHING LISTS OF REGISTERED ELECTORS TO SCHOOL DISTRICTS.
49 Each of the county clerks, upon receiving a request therefor, not later than
3
1 the thirtieth day prior to a school election, shall, not later than the sev-
2 enth day prior to the election, supply to a requesting school board a list of
3 registered electors, by precinct, that are within the school district within
4 which a school district election is to be held. The county clerk may assess
5 the school board an amount which will compensate the county for the cost of
6 preparing such a list.
STATEMENT OF PURPOSE
RS 15615
The purpose of this legislation is to clarify the role of poll
watchers in the election process and provide the ability to have
watchers and challengers of elections when issues only are being
voted on. This legislation also clarifies procedures and
responsibilities in maintaining the statewide voter registration
list required by the Help America Vote Act.
FISCAL NOTE
There will be no fiscal impact.
Contact
Name: Tim Hurst, Chief Deputy
Agency: Secretary of State, Office of
Phone: (208) 334-2300
STATEMENT OF PURPOSE/FISCAL NOTE H 467