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H0711......................................................by STATE AFFAIRS
MUNICIPAL ELECTIONS - Amends, adds to and repeals existing law relating to
municipal election laws; to revise filing deadlines, ballot preparation and
printing deadlines and general administration provisions of city election
law.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to St Aff
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Deal, Denney, 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, Sali, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Crow, Mr. Speaker
Floor Sponsor - McGeachin
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/14 3rd rdg - 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 - McKenzie
Title apvd - to House
03/15 To enrol
03/16 Rpt enrol - Sp signed
03/17 Pres signed - To Governor
03/22 Governor signed
Session Law Chapter 105
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 711
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MUNICIPAL ELECTIONS; AMENDING SECTION 50-203, IDAHO CODE, TO
3 REVISE TIMING DEADLINES FOR COMPENSATION CHANGES FOR CITY MAYORS AND CITY
4 COUNCILMEN; REPEALING SECTION 50-413, IDAHO CODE, RELATING TO QUALIFICA-
5 TIONS OF ELECTORS; AMENDING SECTION 50-431, IDAHO CODE, TO REVISE CANDI-
6 DATE FILING DEADLINES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
7 50-432, IDAHO CODE, TO REVISE CANDIDATE FILING DEADLINES AND TO CLARIFY
8 PROCEDURES FOR VERIFICATION OF PETITION SIGNATURES; AMENDING CHAPTER 4,
9 TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-435, IDAHO CODE,
10 TO PROVIDE FOR PUBLICATION OF NOTICE OF CANDIDATE FILING DEADLINES BY THE
11 CITY CLERK; AMENDING SECTION 50-436, IDAHO CODE, TO REVISE DEADLINES FOR
12 PUBLICATION OF NOTICES OF ELECTION, TO ADD THE LIST OF POLLING PLACES TO
13 THE FIRST NOTICE OF ELECTION AND TO PROVIDE THE NAME OF THE CITY IN THE
14 SECOND NOTICE OF ELECTION; AMENDING SECTION 50-439, IDAHO CODE, TO REVISE
15 THE DEADLINE FOR BALLOT PREPARATION AND TO CLARIFY PROCEDURES FOR COUNTING
16 VOTES CAST FOR WRITE-IN CANDIDATES; AMENDING SECTION 50-440, IDAHO CODE,
17 TO REVISE THE DEADLINES FOR PRINTING AND PUBLICATION OF SAMPLE BALLOTS;
18 REPEALING SECTION 50-459, IDAHO CODE, RELATING TO MANNER OF VOTING; AMEND-
19 ING CHAPTER 4, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
20 50-459, IDAHO CODE, TO PROVIDE FOR THE MANNER OF VOTING; REPEALING SECTION
21 50-479, IDAHO CODE, RELATING TO APPLICATION OF PERSUASIVE POLL REQUIRE-
22 MENTS; AMENDING SECTION 50-612, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION
23 AND TO REVISE DEADLINES FOR BALLOT PREPARATION AND PRINTING OF SAMPLE
24 BALLOTS IN MAYORAL RUNOFF ELECTIONS; AND AMENDING SECTION 50-707B, IDAHO
25 CODE, TO REVISE DEADLINES FOR BALLOT PREPARATION AND PRINTING OF SAMPLE
26 BALLOTS IN CITY COUNCIL RUNOFF ELECTIONS.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That Section 50-203, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 50-203. OFFICIALS -- COMPENSATION. The officials of each city shall con-
31 sist of a mayor and either four (4) or six (6) councilmen whose compensation
32 shall be fixed by ordinance passed published at least sixty seventy-five
33 (6075) days before any general city election, which ordinance shall be effec-
34 tive for all said officials commencing on January 1 following said election
35 and continuing until changed pursuant to this section.
36 SECTION 2. That Section 50-413, Idaho Code, be, and the same is hereby
37 repealed.
38 SECTION 3. That Section 50-431, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 50-431. FORM OF DECLARATION OF CANDIDACY. Declarations of candidacy and
2
1 petitions of candidacy shall read substantially as herein set forth. Any num-
2 ber of separate petitions of candidacy may be circulated at the same time for
3 any candidate and all petitions for each candidate shall be considered one (1)
4 petition when filed with the city clerk. Each signer of a petition shall be a
5 registered qualified elector.
6 DECLARATION OF CANDIDACY
7 I, the undersigned, affirm that I am a qualified elector of the City of
8 ........., State of Idaho, and that I have resided in the city for at least
9 thirty (30) days. I hereby declare myself to be a candidate for the office of
10 ............., for a term of .... years, to be voted for at the election to be
11 held on the .... day of ....., ...., and certify that I possess the legal
12 qualifications to fill said office, and that my residence address is
13 ...............
14 (Signed) ................
15 Subscribed and sworn to before me this .... day of ........, .....
16 ................
17 Notary Public
18 State of Idaho
19 County of ........ ss.
20 City of ..........
21 PETITION OF CANDIDACY
22 OF ...........................................................................
23 (NAME OF CANDIDATE)
24 FOR OFFICE OF ................................................................
25 This petition must be filed in the office of the City Clerk not earlier
26 than 8:00 a.m. on the eighth Friday eleventh Monday nor later than 5:00 p.m.
27 on the sixth ninth Friday immediately preceding election day. The submitted
28 petition must have affixed thereto the names of at least five (5) qualified
29 electors who reside within the appropriate city.
30 I, the undersigned, being a qualified elector of the City of
31 .............., in the State of Idaho, do hereby certify and declare that I
32 reside at the place set opposite my name and that I do hereby join in the
33 petition of .............., a candidate for the office of ................. to
34 be voted at the election to be held on the .... day of ........, .....
35 Signature of Petitioner Printed Name Residence Address Date
36 signed
37 ....................... ............ ................. ...........
38 ....................... ............ ................. ...........
39 ....................... ............ ................. ...........
40 ....................... ............ ................. ...........
41 ....................... ............ ................. ...........
42 ....................... ............ ................. ...........
43 ....................... ............ ................. ...........
44 ....................... ............ ................. ...........
45 ....................... ............ ................. ...........
46 ....................... ............ ................. ...........
47 ....................... ............ ................. ...........
48 ....................... ............ ................. ...........
49 STATE OF IDAHO
50 County of ....................
51 I, ......................, being first duly sworn, say: That I am a resi-
3
1 dent of the State of Idaho and at least eighteen (18) years of age; that every
2 person who signed this sheet of the foregoing petition signed his or her name
3 thereto in my presence; I believe that each has stated his or her name, and
4 residence address correctly,; and that each signer is a qualified elector of
5 the State of Idaho, and the City of ....................
6 Signed .....................................
7 Address ....................................
8 Subscribed and sworn to before me this ...... day of ......., .....
9 Signed Notary Public ....................................
10 Residing at .............................................
11 Commission expires ......................................
12 (Notary Seal)
13 SECTION 4. That Section 50-432, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 50-432. TIME AND MANNER OF FILING DECLARATIONS. All declarations of can-
16 didacy for elective city offices shall be filed with the clerk of the respec-
17 tive city wherein the elections are to be held, not earlier than 8:00 a.m. on
18 the eighth Friday eleventh Monday nor later than 5:00 p.m. on the sixth ninth
19 Friday, immediately preceding election day. Signatures on petitions Before a
20 candidate files a petition of candidacy with the city clerk, the petition sig-
21 natures shall be verified by the county clerk in the manner described in sec-
22 tion 34-1807, Idaho Code, except that the city clerk shall stand in place of
23 the secretary of state. Before any declaration of candidacy and filing fee or
24 petition of candidacy mentioned in section 50-431, Idaho Code, can be filed,
25 the city clerk shall ascertain that it conforms to the provisions of chapter
26 4, title 50, Idaho Code. The city clerk shall not accept any declarations of
27 candidacy after 5:00 p.m. on the sixth ninth Friday immediately preceding
28 election day. Write-in candidates shall be governed by section 34-702A, Idaho
29 Code, but shall file the declarations required in that section with the city
30 clerk.
31 SECTION 5. That Chapter 4, Title 50, Idaho Code, be, and the same is
32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
33 ignated as Section 50-435, Idaho Code, and to read as follows:
34 50-435. NOTICE OF CANDIDATE FILING DEADLINE. Not more than fourteen (14)
35 nor less than seven (7) days preceding the candidate filing deadline for an
36 election, the city clerk shall cause to be published in the official newspaper
37 a notice of the forthcoming candidate filing deadline. The notice shall state
38 the name of the city, the date of the election, the offices up for election,
39 that declarations of candidacy are available from the city clerk, and the
40 deadline for filing such declarations with the city clerk.
41 SECTION 6. That Section 50-436, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 50-436. NOTICE OF ELECTION -- CONTENTS -- PUBLICATION. The city clerk
44 shall give notice for any general or special city election by publishing such
45 notice in at least two (2) issues of the official newspaper of the city. The
46 first publication of notice of election shall be made not less than forty-five
47 twelve (4512) days prior to the election. The first notice of election shall
48 include the name of the city, wherein the election shall be held, the purpose
4
1 of the election, the date of the election, the polling place in each precinct
2 and the hours during which the polls shall be open for the purpose of voting.
3 If the election is held for the purpose of electing the mayor and/or members
4 of the city council, the first notice of election shall state that declara-
5 tions of candidacy are available from the city clerk, and provide the deadline
6 for filing such declarations with the city clerk. The last publication of
7 notice shall be made not less than fifteen five (15) days prior to the elec-
8 tion. The second notice of election shall state the name of the city, the date
9 of the election, the purpose of the election, the polling place in each pre-
10 cinct and the hours during which the polls shall be open for the purpose of
11 voting.
12 SECTION 7. That Section 50-439, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 50-439. PREPARATION AND CONTENTS OF BALLOT. The ballot for each election
15 shall be prepared not less than twenty-one thirty-five (2135) days prior to
16 the date of election by the city clerk. Candidates for mayor will be listed
17 first followed by councilman positions for four (4) years and then two (2)
18 year councilman positions, provided, that in printing the ballots, the posi-
19 tion of the names shall be changed in each office division by placing the top
20 name for that office at the bottom of that division and moving each other name
21 up the column by one (1) position, as many times as there are candidates in
22 the office division in which there are the greatest number of candidates. Can-
23 didates' names shall be rotated by precinct for those cities using voting
24 machines or vote tally systems. Nothing shall prevent a voter from writing in
25 the name of any qualified elector of the city for any office to be filled at
26 the said election, and the but a write-in vote shall not be counted unless the
27 candidate has filed a declaration of intent with the city clerk as required by
28 section 50-432, Idaho Code. The clerk in preparing the ballot shall make pro-
29 visions for the writing in of names. Separate ballots may be used for bond
30 issues, capital improvement levy, recall, referendum, initiative, advisory
31 ballots or any other measure authorized to be decided by the electorate.
32 SECTION 8. That Section 50-440, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 50-440. SAMPLE BALLOTS. The city clerk shall cause to be printed not less
35 than fifteen twenty-nine (1529) days before the election, sample ballots con-
36 taining the candidates for each office, and all measures to be submitted,
37 which sample ballots shall be in the same form as the official ballots to be
38 used, except they shall have printed thereon the words "sample ballot," and
39 shall be on paper of a different color than the official ballot, and the clerk
40 shall furnish copies of the same on application at his office, to anyone
41 applying therefor. Said sample ballot shall be published at least twice in the
42 official newspaper of the city, the last time to be within seven (7) days of
43 the first publication not less than twelve (12) days prior to the election and
44 the second publication not less than five (5) days prior to the election.
45 SECTION 9. That Section 50-459, Idaho Code, be, and the same is hereby
46 repealed.
47 SECTION 10. That Chapter 4, Title 50, Idaho Code, be, and the same is
48 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
49 ignated as Section 50-459, Idaho Code, and to read as follows:
5
1 50-459. MANNER OF VOTING. On receipt of his ballot, the elector shall
2 retire to a vacant voting booth and mark his ballot according to the instruc-
3 tions provided by law. Before leaving the voting compartment the elector shall
4 fold his ballot so that the official stamp is visible and the face of the bal-
5 lot is completely enclosed.
6 After marking his ballot, the elector shall present himself to the receiv-
7 ing clerk, state his name and residence, and hand his ballot to the receiving
8 clerk. The clerk shall deposit the ballot in the proper box after ascertaining
9 that the ballot is folded correctly, and shall proclaim in an audible voice
10 that the elector has voted. The election officials shall then record that the
11 elector has voted.
12 SECTION 11. That Section 50-479, Idaho Code, be, and the same is hereby
13 repealed.
14 SECTION 12. That Section 50-612, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 50-612. MAJORITY REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city may, by
17 ordinance, provide that a majority of the votes for any candidate running for
18 the office of mayor shall be required for election to that office. In the
19 event that no candidate receives a majority of the votes cast, there shall be
20 a runoff election between the two (2) candidates receiving the highest number
21 of votes cast. Such runoff election shall be conducted as in the general elec-
22 tion in a manner and at such time, within thirty (30) days of the general
23 election, as prescribed by the city and shall be exempt from the limitation
24 upon elections provided in sections 34-106 and 50-429, Idaho Code. The first
25 notice of election shall be made by the city clerk not less than twenty (20)
26 days next preceding any runoff election, and The ballot shall be prepared by
27 the city clerk not less than twenty-two (22) days preceding the runoff elec-
28 tion. Tthe designation of polling places shall be made by the city clerk not
29 less than twenty (20) days next preceding any runoff election and sample bal-
30 lots shall be printed not less than eighteen (18) days preceding the runoff
31 election.
32 SECTION 13. That Section 50-707B, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 50-707B. MAJORITY MAY BE REQUIRED FOR ELECTION -- RUNOFF ELECTION. A city
35 may, by ordinance, provide that a majority of the votes for any candidate run-
36 ning for a council seat adopted by a city in accordance with section 50-707 or
37 50-707A, Idaho Code, may shall be required for election to that office. In the
38 event no candidate receives a majority of the votes cast, there shall be a
39 runoff election between the two (2) candidates receiving the highest number of
40 votes cast. Such runoff election shall be conducted as in the general election
41 in a manner and at such time within thirty (30) days of the general election,
42 as prescribed by the city and shall be exempt from the limitation upon elec-
43 tions provided in sections 34-106 and 50-429, Idaho Code. The first notice of
44 election shall be made by the city clerk not less than twenty (20) days next
45 preceding any runoff election, and The ballot shall be prepared by the city
46 clerk not less than twenty-two (22) days preceding the runoff election. Tthe
47 designation of polling places shall be made by the city clerk not less than
48 twenty (20) days next preceding any runoff election, and sample ballots shall
49 be printed not less than eighteen (18) days preceding the runoff election.
STATEMENT OF PURPOSE
RS 16078C1
This legislation makes numerous amendments to the city election
laws (Chapter 4, Title 50, Idaho Code) in order to extend the
absentee voting period in city elections. Currently, the
deadline for ballot preparation in city elections is not less
than 21 days before the election. This legislation would move
the deadline for ballot preparation back to 35 days before the
election to allow an additional two weeks for absentee voting.
This will make it easier for citizens in the Armed Forces
overseas to get their absentee ballots returned by the deadline
on Election Day.
Because the ballot preparation deadline is moved back, the
legislation also moves back deadlines for the candidate filing
period, approval of elected official salary increases and
preparation of sample ballots. In order to achieve greater
uniformity with county-run elections, the legislation also
changes the deadlines for publication of the notice of election
and sample ballot to not less than 12 and 5 days before the
election, and provides for a notice to interested candidates
published before the end of the filing period.
FISCAL NOTE
No fiscal impact to the state. Fiscal impact to cities is
minimal the legislation would require publication of an
additional notice (the notice to interested candidates) and
require polling places to be listed on the first notice of
election. There could also be additional costs for the few
cities that hire temporary staff to handle absentee voting.
Contact
Name: Representative Janice McGeachin
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 711