2006 Legislation
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HOUSE BILL NO. 467 – Elections, conduct, watchers

HOUSE BILL NO. 467

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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