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H0671aaS...................................................by STATE AFFAIRS
SCHOOL DISTRICTS - ELECTIONS - Amends existing law relating to school
district elections to allow the candidate to authorize a watcher to observe
the counting of votes; to permit challengers and watchers to work in
shifts; to provide for watchers at school district elections which are
other than for the election of officers; to remove the requirement that
such watchers not absent themselves until the polls close; to provide that
challengers or watchers shall not be a candidate at the election where they
are serving as a challenger or watcher; and to remove the requirement that
an elector be absent from the district or be unable because of physical
disability or blindness to vote by absentee ballot.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to St Aff
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson,
Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Boe, Denney, Sali
Floor Sponsor - Field(23)
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to St Aff
03/02 Rpt out - to 14th Ord
03/08 Rpt out amen - to 1st rdg as amen
03/09 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Little
Title apvd - to House
03/15 House concurred in Senate amens - to engros
03/16 Rpt engros - 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/22 3rd rdg as amen - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Eskridge, Nonini
Floor Sponsor - Field(23)
Title apvd - to enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/30 Governor signed
Session Law Chapter 232
Effective: 03/30/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 671
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL DISTRICT ELECTIONS; AMENDING SECTION 33-403C, IDAHO CODE,
3 TO ALLOW EACH CANDIDATE TO AUTHORIZE A WATCHER TO OBSERVE THE CONDUCT OF
4 THE ELECTION, TO PERMIT CHALLENGERS AND WATCHERS TO WORK IN SHIFTS, TO
5 PROVIDE FOR WATCHERS AT SCHOOL DISTRICT ELECTIONS WHICH ARE OTHER THAN FOR
6 THE ELECTION OF OFFICERS, TO REMOVE THE REQUIREMENT THAT SUCH WATCHERS NOT
7 ABSENT THEMSELVES UNTIL THE POLLS CLOSE AND TO MAKE TECHNICAL CORRECTIONS;
8 AMENDING SECTION 33-406, IDAHO CODE, TO REMOVE THE REQUIREMENT THAT AN
9 ELECTOR BE ABSENT FROM THE DISTRICT OR UNABLE BECAUSE OF PHYSICAL DISABIL-
10 ITY OR BLINDNESS TO VOTE BY ABSENTEE BALLOT AND TO MAKE TECHNICAL CORREC-
11 TIONS; AND DECLARING AN EMERGENCY.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 33-403C, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 33-403C. CHALLENGERS -- WATCHERS. a.(1) The school district clerk shall,
16 upon receipt of a written request to be received no later than five (5) days
17 prior to the day of election, direct that the election judges permit one (1)
18 person authorized by each candidate to be at the polling place for the purpose
19 of challenging voters, and shall if requested, permit one (1) person autho-
20 rized by any candidate to be present to watch the receiving and counting of
21 votes serve as a watcher to observe the conduct of the election. Challengers
22 or watchers may work in various shifts throughout the day. However, each can-
23 didate may have only one (1) challenger and only one (1) watcher at the poll-
24 ing place at any given time.
25 b.(2) Where the issue before the electors of a school district is other
26 than the election of officers, the clerk of the school district shall upon
27 receipt of a written request, such request to be received no later than five
28 (5) days prior to the date of voting on the issue or issues, direct that the
29 election judges permit one (1) pro and one (1) con person to be at the polling
30 place for the purpose of challenging voters and to watch the receiving and
31 counting of votes serve as a watcher to observe the conduct of the election.
32 Such authorization shall be evidenced in writing signed by the requesting per-
33 son and shall state which position relative to the issue or issues the person
34 represents. Challengers or watchers may work in various shifts throughout the
35 day. Persons who are authorized to serve as challengers or watchers shall wear
36 a visible name tag which includes their respective titles. Persons permitted
37 to be present to watch the counting of votes shall not absent themselves until
38 the polls are closed.
39 SECTION 2. That Section 33-406, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 33-406. ABSENTEE VOTING. For the purposes of this section the term
2
1 "clerk" shall mean the clerk of the board of county commissioners whenever an
2 election involves changing the boundaries of school districts, or the creation
3 of new school districts by consolidation of districts or division of a dis-
4 trict. In all other school elections the term "clerk" shall mean the clerk of
5 the board of trustees of the school district.
6 In any school election, a qualified school elector who expects to be
7 absent from the district on the day of the election, or who will be unable,
8 because of physical disability or blindness, to go to the polling place, may
9 vote in such election by absentee ballot in the manner herein provided.
10 Any such elector may make written application to the clerk for a ballot or
11 ballots of the kind or kinds to be voted on at such election, which applica-
12 tion shall contain the name of the elector, the trustee zone of the district
13 in which he resides, and his present address. The application for an absent
14 elector's ballot shall be filed with the clerk not later than 5:00 p.m. of the
15 day before the election.
16 The clerk receiving such application shall, not more than twenty-eight
17 (28) days prior to the day of the election, deliver to said applicant elector
18 personally or by mail to the mailing address given in the application, postage
19 prepaid, a ballot or ballots, one (1) of each kind thereof, to be voted on in
20 the election, and a form of oath of qualification.
21 The elector shall vote in secret and shall enclose his ballot or ballots
22 in an envelope to be supplied by the clerk and seal the same. The elector
23 shall then place the secrecy envelope in a return envelope, together with the
24 form of oath of qualification executed by him, and address and mail, or
25 deliver, the same to the clerk. The absentee ballot must be received by the
26 clerk, not later than 8:00 p.m. on the day of the election, before such ballot
27 may be counted.
28 Any elector physically unable to mark his own ballot may receive assis-
29 tance in marking his ballot from the officer delivering same or an available
30 person of his own choosing. In the event the officer is requested to render
31 assistance in marking an absent elector's ballot, the officer shall ascertain
32 the desires of the elector and shall vote the applicant's ballot accordingly.
33 No election officer or any other person assisting a disabled voter shall
34 attempt to influence the vote of such elector in any manner.
35 The written applications shall be kept by the clerk as a part of the
36 records of the election and he shall, on the day of the election and before
37 the polling places are closed, deliver to the proper board of election all
38 such envelopes together with a list, compiled and signed by him, of the elec-
39 tors making application to vote in absentia.
40 The board of election shall verify all return envelopes delivered to it by
41 the clerk against the names appearing on the said list, open the return enve-
42 lopes and examine the elector's oath. If these are found to be in order, the
43 ballots shall remain in the secrecy envelopes and be placed in the ballot box
44 in the same manner as though the elector were personally present and voting;
45 and the voter's name shall thereupon be subscribed in any polling book or
46 other record kept at such election.
47 SECTION 3. An emergency existing therefor, which emergency is hereby
48 declared to exist, this act shall be in full force and effect on and after its
49 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Davis
Seconded by Stegner
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 671
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 38, following "closed." insert:
3 "Challengers or watchers shall not be a candidate at the election where they
4 are serving as a challenger or watcher.".
5 CORRECTION TO TITLE
6 On page 1, in line 7, following "CLOSE" insert: ", TO PROVIDE THAT
7 CHALLENGERS OR WATCHERS SHALL NOT BE A CANDIDATE AT THE ELECTION WHERE THEY
8 ARE SERVING AS A CHALLENGER OR WATCHER".
2
Moved by Little
Seconded by Goedde
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 671
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 21, delete "conduct of the
3 election" and insert: "counting of votes"; and in line 31, delete "conduct of
4 the election" and insert: "counting of votes".
5 CORRECTION TO TITLE
6 On page 1, in line 3, delete "CONDUCT OF" and in line 4, delete "THE ELEC-
7 TION" and insert: "COUNTING OF VOTES".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 671, As Amended in the Senate
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL DISTRICT ELECTIONS; AMENDING SECTION 33-403C, IDAHO CODE,
3 TO ALLOW EACH CANDIDATE TO AUTHORIZE A WATCHER TO OBSERVE THE COUNTING OF
4 VOTES, TO PERMIT CHALLENGERS AND WATCHERS TO WORK IN SHIFTS, TO PROVIDE
5 FOR WATCHERS AT SCHOOL DISTRICT ELECTIONS WHICH ARE OTHER THAN FOR THE
6 ELECTION OF OFFICERS, TO REMOVE THE REQUIREMENT THAT SUCH WATCHERS NOT
7 ABSENT THEMSELVES UNTIL THE POLLS CLOSE, TO PROVIDE THAT CHALLENGERS OR
8 WATCHERS SHALL NOT BE A CANDIDATE AT THE ELECTION WHERE THEY ARE SERVING
9 AS A CHALLENGER OR WATCHER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
10 SECTION 33-406, IDAHO CODE, TO REMOVE THE REQUIREMENT THAT AN ELECTOR BE
11 ABSENT FROM THE DISTRICT OR UNABLE BECAUSE OF PHYSICAL DISABILITY OR
12 BLINDNESS TO VOTE BY ABSENTEE BALLOT AND TO MAKE TECHNICAL CORRECTIONS;
13 AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 33-403C, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 33-403C. CHALLENGERS -- WATCHERS. a.(1) The school district clerk shall,
18 upon receipt of a written 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 candidate to be at the polling place for the purpose
21 of challenging voters, and shall if requested, permit one (1) person autho-
22 rized by any candidate to be present to watch the receiving and counting of
23 votes serve as a watcher to observe the counting of votes. Challengers or
24 watchers may work in various shifts throughout the day. However, each candi-
25 date may have only one (1) challenger and only one (1) watcher at the polling
26 place at any given time.
27 b.(2) Where the issue before the electors of a school district is other
28 than the election of officers, the clerk of the school district shall upon
29 receipt of a written request, such request to be received no later than five
30 (5) days prior to the date of voting on the issue or issues, direct that the
31 election judges permit one (1) pro and one (1) con person to be at the polling
32 place for the purpose of challenging voters and to watch the receiving and
33 counting of votes serve as a watcher to observe the counting of votes. Such
34 authorization shall be evidenced in writing signed by the requesting person
35 and shall state which position relative to the issue or issues the person rep-
36 resents. Challengers or watchers may work in various shifts throughout the
37 day. Persons who are authorized to serve as challengers or watchers shall wear
38 a visible name tag which includes their respective titles. Persons permitted
39 to be present to watch the counting of votes shall not absent themselves until
40 the polls are closed. Challengers or watchers shall not be a candidate at the
41 election where they are serving as a challenger or watcher.
42 SECTION 2. That Section 33-406, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 33-406. ABSENTEE VOTING. For the purposes of this section the term
3 "clerk" shall mean the clerk of the board of county commissioners whenever an
4 election involves changing the boundaries of school districts, or the creation
5 of new school districts by consolidation of districts or division of a dis-
6 trict. In all other school elections the term "clerk" shall mean the clerk of
7 the board of trustees of the school district.
8 In any school election, a qualified school elector who expects to be
9 absent from the district on the day of the election, or who will be unable,
10 because of physical disability or blindness, to go to the polling place, may
11 vote in such election by absentee ballot in the manner herein provided.
12 Any such elector may make written application to the clerk for a ballot or
13 ballots of the kind or kinds to be voted on at such election, which applica-
14 tion shall contain the name of the elector, the trustee zone of the district
15 in which he resides, and his present address. The application for an absent
16 elector's ballot shall be filed with the clerk not later than 5:00 p.m. of the
17 day before the election.
18 The clerk receiving such application shall, not more than twenty-eight
19 (28) days prior to the day of the election, deliver to said applicant elector
20 personally or by mail to the mailing address given in the application, postage
21 prepaid, a ballot or ballots, one (1) of each kind thereof, to be voted on in
22 the election, and a form of oath of qualification.
23 The elector shall vote in secret and shall enclose his ballot or ballots
24 in an envelope to be supplied by the clerk and seal the same. The elector
25 shall then place the secrecy envelope in a return envelope, together with the
26 form of oath of qualification executed by him, and address and mail, or
27 deliver, the same to the clerk. The absentee ballot must be received by the
28 clerk, not later than 8:00 p.m. on the day of the election, before such ballot
29 may be counted.
30 Any elector physically unable to mark his own ballot may receive assis-
31 tance in marking his ballot from the officer delivering same or an available
32 person of his own choosing. In the event the officer is requested to render
33 assistance in marking an absent elector's ballot, the officer shall ascertain
34 the desires of the elector and shall vote the applicant's ballot accordingly.
35 No election officer or any other person assisting a disabled voter shall
36 attempt to influence the vote of such elector in any manner.
37 The written applications shall be kept by the clerk as a part of the
38 records of the election and he shall, on the day of the election and before
39 the polling places are closed, deliver to the proper board of election all
40 such envelopes together with a list, compiled and signed by him, of the elec-
41 tors making application to vote in absentia.
42 The board of election shall verify all return envelopes delivered to it by
43 the clerk against the names appearing on the said list, open the return enve-
44 lopes and examine the elector's oath. If these are found to be in order, the
45 ballots shall remain in the secrecy envelopes and be placed in the ballot box
46 in the same manner as though the elector were personally present and voting;
47 and the voter's name shall thereupon be subscribed in any polling book or
48 other record kept at such election.
49 SECTION 3. An emergency existing therefor, which emergency is hereby
50 declared to exist, this act shall be in full force and effect on and after its
51 passage and approval.
STATEMENT OF PURPOSE
RS 15808C1
The purpose of this legislation is to clarify the role of poll
watchers in the school elections and to allow any qualified
elector to vote by absentee ballot.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Representative Frances Field
Phone: (208) 332-1000
Name: Mr. Tim Hurst
Agency: Secretary of State, Office of
Phone: (208) 332-2812
STATEMENT OF PURPOSE/FISCAL NOTE H 671