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H0657...................................................by LOCAL GOVERNMENT
BELLEVUE CITY CHARTER - Amends the Charter of the City of Bellevue to
provide for the election dates and election procedures to be as set forth
in the general laws of the state of Idaho applicable to election of city
officials.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 657
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 AMENDING THE CHARTER OF THE CITY OF BELLEVUE, TO AMEND CHAPTER III, SECTION
3 33, AS ADDED BY SECTION 2, CHAPTER 130, LAWS OF 1996, TO REDESIGNATE THE
4 SECTION; TO AMEND CHAPTER IV, ELECTIONS, SECTIONS 33, 34, 36, 37, 41, 42
5 AND 43 THEREOF TO PROVIDE FOR THE ELECTION DATES AND ELECTION PROCEDURES
6 TO BE AS SET FORTH IN THE GENERAL LAWS OF THE STATE OF IDAHO APPLICABLE TO
7 ELECTION OF CITY OFFICIALS, INCLUDING SUBSEQUENT AMENDMENTS THERETO; AND
8 DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 33, Chapter III of the Charter of the City of
11 Bellevue, as added by Section 2, Chapter 130, Laws of 1996, be, and the same
12 is hereby amended to read as follows:
13 SECTION 33A. All powers and authority granted to cities under any general
14 law of the state of Idaho are hereby granted to the City of Bellevue. The City
15 of Bellevue may pass and publish ordinances as provided by the general laws of
16 the state of Idaho.
17 SECTION 2. That Section 33, Chapter IV, of the Charter of the City of
18 Bellevue, be, and the same is hereby amended to read as follows:
19 Section 33. There shall be a general election for all city officers
20 required to be elected under this Act, on the first Monday Tuesday in April
21 November in every year which shall be conducted as set forth in the general
22 laws of the State of Idaho governing election of city officials under Title
23 50, Idaho Code, including subsequent amendments thereto and recodifications
24 thereof, which laws shall apply to and govern elections under this Act unless
25 otherwise set forth in this Act. For the purpose of the first two (2) elec-
26 tions conducted after the effective date hereof, the term of office of each
27 Common Council seat and of Mayor then elected shall be until the first Common
28 Council meeting in January of the second year following their election.
29 SECTION 3. That Section 34, Chapter IV, of the Charter of the City of
30 Bellevue, be, and the same is hereby amended to read as follows:
31 Section 34. No person is qualified to vote at any election under this Act
32 who does not possess the qualifications of an elector according to Section
33 50-411, Idaho Code the general laws of the State of Idaho applicable to elec-
34 tion of city officials under Title 50, Idaho Code, including subsequent
35 amendments thereto and recodifications thereof, which laws shall apply to and
36 govern elections under this Act unless otherwise set forth in this Act.
37 SECTION 4. That Section 36, Chapter IV, of the Charter of the City of
38 Bellevue, be, and the same is hereby amended to read as follows:
2
1 Section 36. The Clerk, under the direction of the Common Council shall
2 give ten days' notice, by posting the same in at least two public places in
3 each ward of the city, or by publication in some newspaper published in said
4 city, of such general election, the officers to be elected, the places desig-
5 nated for holding the election in each ward, and the judges and clerks
6 appointed to conduct the same shall provide such notices of election, and mat-
7 ters incidental thereto, under direction of the Common Council, as required
8 under the general laws of the State of Idaho applicable to city elections
9 under Title 50, Chapter 4, Idaho Code, including subsequent amendments thereto
10 and recodifications thereof, which laws shall apply to and govern elections
11 under this Act unless otherwise set forth in this Act.
12 SECTION 5. That Section 37, Chapter IV, of the Charter of the City of
13 Bellevue, be, and the same is hereby amended to read as follows:
14 Section 37. All elections shall commence at twelve o'clock P.M., and con-
15 tinue until eight o'clock P.M. of the same day, without closing the polls
16 between such hours. If any judge of an election fails to attend and serve at
17 the proper time, the voters of the ward then present may elect another in his
18 place, and if any clerk fails to attend and serve at the proper time, the
19 judges of the election may appoint another in his place be conducted in accor-
20 dance with the general laws of the State of Idaho applicable to election of
21 city officials under Title 50, Idaho Code, including subsequent amendments
22 thereto and recodifications thereof, which laws shall apply to and govern
23 elections under this Act unless otherwise set forth in this Act.
24 SECTION 6. That Section 41, Chapter IV, of the Charter of the City of
25 Bellevue, be, and the same is hereby amended to read as follows:
26 Section 41. The term of office of everyone elected to office under this
27 Act shall be two (2) years and shall commence being on the first Monday of May
28 of each year. Any person elected to any office who shall fail to qualify by
29 filing a bond and taking the oath of office, as is herein provided on or
30 before the same first Monday of May after his election, shall be deemed to
31 have declined said office, and said office shall thereby become vacant; except
32 in cases of contests, in which case such person must qualify within ten days
33 from the determination of such contest upon taking office the first Common
34 Council meeting in the January following the election at which such person was
35 elected to office in accordance with the general laws of the State of Idaho
36 applicable to election of city officials under Title 50, Idaho Code, including
37 subsequent amendments thereto and recodifications thereof, which laws shall
38 apply to and govern elections under this Act unless otherwise set forth in
39 this Act.
40 SECTION 7. That Section 42, Chapter IV, of the Charter of the City of
41 Bellevue, be, and the same is hereby amended to read as follows:
42 Section 42. All persons elected under this Act, before entering upon the
43 duties of his office, shall take and file with the clerk an oath to the fol-
44 lowing effect: "I, A.B., do solemnly swear (or affirm) that I will support the
45 Constitution of the United States and the organic Act of this Territory, and I
46 will to the best of my ability faithfully perform the duties of .............
47 during my continuance in same office, so help me God," and file an official
48 bond when required or affirmation of office in accordance with the general
49 laws of the State of Idaho applicable to election of city officials under
3
1 Title 50, Idaho Code, including subsequent amendments thereto and
2 recodifications thereof, which laws shall apply to and govern elections under
3 this Act unless otherwise set forth in this Act.
4 SECTION 8. That Section 43, Chapter IV, of the Charter of the City of
5 Bellevue, be, and the same is hereby amended to read as follows:
6 Section 43. All general laws of this Territory the State of Idaho regu-
7 lating and governing general elections and special election proceedings, and
8 matters incidental thereto, shall apply to and govern elections under this
9 Act, unless as herein otherwise provided including, without limitation, Chap-
10 ter 4, Title 50, Idaho Code, Municipal Elections, and subsequent amendments
11 thereto and recodifications thereof, shall apply to and govern all such elec-
12 tions under this Act unless expressly otherwise set forth in this Act.
13 SECTION 9. An emergency existing therefor, which emergency is hereby
14 declared to exist, this act shall be in full force and effect on and after its
15 passage and approval.
STATEMENT OF PURPOSE
RS 15989
This legislation aims to align Bellevue's election laws with
those of other cities in Idaho.
FISCAL NOTE
No impact on the general fund.
Contact
Name: Representative Wendy Jaquet, House Democratic Leader
Phone: 332-1133
STATEMENT OF PURPOSE/FISCAL NOTE H 657