2007 Legislation
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HOUSE BILL NO. 94 – Vote by mail

HOUSE BILL NO. 94

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Bill Status



H0094......................................................by STATE AFFAIRS
ELECTIONS - VOTE BY MAIL - Amends and adds to existing law to provide for
board of county commissioner authorization of vote by mail; to provide
specific elections required or eligible to be conducted by mail; to provide
procedures for conducting elections by mail; to provide procedures for the
ordering of candidate names on the vote by mail ballot; to provide for the
applicability of other laws; and to provide for city council authorization
of vote by mail subject to specified Idaho law.
                                                                        
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to St Aff
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    Ret'd to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 94
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTIONS; AMENDING TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW
  3        CHAPTER 26, TITLE 34, IDAHO CODE, TO PROVIDE FOR BOARD OF  COUNTY  COMMIS-
  4        SIONER  AUTHORIZATION  OF  VOTE  BY MAIL, TO SPECIFY ELECTIONS REQUIRED OR
  5        ELIGIBLE TO BE CONDUCTED BY MAIL, TO  PROVIDE  PROCEDURES  FOR  CONDUCTING
  6        ELECTIONS  BY  MAIL,  TO  PROVIDE PROCEDURES FOR THE ORDERING OF CANDIDATE
  7        NAMES ON THE VOTE BY MAIL BALLOT AND TO PROVIDE FOR THE  APPLICABILITY  OF
  8        OTHER  LAWS;  AND AMENDING SECTION 50-429, IDAHO CODE, TO PROVIDE FOR CITY
  9        COUNCIL AUTHORIZATION OF VOTE BY MAIL SUBJECT TO SPECIFIED IDAHO  LAW  AND
 10        TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION  1.  That Title 34, Idaho Code, be, and the same is hereby amended
 13    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 14    ter 26, Title 34, Idaho Code, and to read as follows:
                                                                        
 15                                      CHAPTER 26
 16                                     VOTE BY MAIL
                                                                        
 17        34-2601.    AUTHORIZATION  BY  BOARD OF COUNTY COMMISSIONERS. With express
 18    authorization from the board of county commissioners, the clerk of the  county
 19    board  of  commissioners shall conduct all primary, special, and general elec-
 20    tions entirely by a vote by mail system. The  board  of  county  commissioners
 21    shall give the county clerk at least ninety (90) days' notice before the first
 22    election  to be conducted entirely by mail. If the board of county commission-
 23    ers, after consultation with the county clerk, decides to return to a  polling
 24    place  election  environment, the board of county commissioners shall give the
 25    county clerk at least ninety (90) days' notice before the first election to be
 26    conducted using polling places. Authorization under this section  shall  apply
 27    to  all  primary, special, and general elections conducted by the county clerk
 28    and in accordance with section 34-1401, Idaho Code.
                                                                        
 29        34-2602.  ELECTIONS REQUIRED OR ELIGIBLE. (1) Once designated by the board
 30    of county commissioners, primary and general elections shall be  conducted  by
 31    mail.
 32        (2)  Any  election  held  pursuant  to  the provisions of section 34-1401,
 33    Idaho Code, may be conducted by mail if so designated by the  governing  board
 34    of the jurisdiction.
                                                                        
 35        34-2603.  PROCEDURES.  (1)  A  vote by mail election shall be conducted as
 36    provided in this section.
 37        (2)  At a minimum, the places designated under this section shall be  open
 38    on  the date of the election for a period of eight (8) hours, but must be open
 39    until at least 8:00 p.m. local time. At each place of deposit designated under
 40    this section, the county clerk shall prominently display a sign  stating  that
                                                                        
                                       2
                                                                        
  1    the location is an official ballot drop site.
  2        (3)  (a) Except  as  provided  in  paragraph  (b)  of this subsection, the
  3        county clerk shall mail by nonforwardable mail an official ballot  with  a
  4        return  identification envelope and a secrecy envelope not sooner than the
  5        eighteenth day before the date of a vote by mail election  and  not  later
  6        than  the  fourteenth day before the date of the election, to every regis-
  7        tered voter.
  8        (b)  Notwithstanding paragraph (a) of this subsection, in the case of bal-
  9        lots to be mailed to addresses outside this state, the county clerk  shall
 10        follow  the  provisions  of  chapter  10,  title 34, Idaho Code, regarding
 11        absentee voting.
 12        (4)  Election day registration shall be made available  for  each  elector
 13    who completes a voter registration in accordance with section 34-408(3), Idaho
 14    Code.   The  county  clerk shall make available to the registrant the official
 15    ballot, the return identification envelope and the  secrecy  envelope  at  the
 16    county clerk's office or at another place designated by the county.
 17        (5)  Upon  receipt  of  any  ballot described in this section, the elector
 18    shall mark the ballot, sign the return identification envelope  supplied  with
 19    the  ballot  and  comply  with  the instructions provided with the ballot. The
 20    elector may return the marked ballot to the county clerk by United States mail
 21    or by depositing the ballot at the office of the county clerk or at any  place
 22    of deposit designated by the county. The ballot must be returned in the return
 23    identification  envelope. If the elector returns the ballot by mail, the elec-
 24    tor must provide the proper postage.  A ballot must be received at the  office
 25    of  the  county clerk or a designated place of deposit not later than the 8:00
 26    p.m. local time on the date of the election.
 27        (6)  An  elector  may  obtain  a  replacement  ballot  if  the  ballot  is
 28    destroyed, spoiled, lost or not received by the elector.  Replacement  ballots
 29    shall  be  issued and processed as described in this section. The county clerk
 30    shall keep a record of each replacement ballot provided under this subsection.
 31    Notwithstanding any deadline for mailing ballots in subsection (3) or  (4)  of
 32    this section, a replacement ballot may be mailed, made available in the office
 33    of  the county clerk or at a location designated by the county.  A replacement
 34    ballot need not be mailed after the fifth day before the date of the election.
 35        (7)  A ballot shall be counted only if:
 36        (a)  It is returned in the return identification envelope;
 37        (b)  The envelope is signed by the elector to whom the ballot  is  issued;
 38        and
 39        (c)  The  signature is verified as provided in subsection (8) of this sec-
 40        tion.
 41        (8)  The county clerk shall verify the signature of each  elector  on  the
 42    return  identification  envelope with the signature on the elector's registra-
 43    tion card, according to the procedure provided by rules adopted by the  secre-
 44    tary  of  state.  If  the  county  clerk  determines that an elector to whom a
 45    replacement ballot has been issued has voted more than once, the county  clerk
 46    shall count only one (1) ballot cast by that elector.
 47        (9)  The  county clerk shall begin official processing of returned ballots
 48    in a vote by mail system including opening of both the outer envelope and  the
 49    inner  secrecy  envelope  and removing the ballot from the envelope no earlier
 50    than five (5) working days before the election. However, no ballots  shall  be
 51    actually  counted  until  the  day  of the election. The county clerk shall be
 52    responsible for ensuring the security of the ballots at all  times,  including
 53    restriction of access to any areas where ballots are stored or counted.
 54        (10) The  requirements  regarding certification, reporting and the mailing
 55    of overseas and military ballots apply to elections conducted by mail ballot.
                                                                        
                                       3
                                                                        
  1        (11) Ballots shall be counted in a manner consistent with  the  provisions
  2    of chapters 12, 23 and 24, title 34, Idaho Code.
                                                                        
  3        34-2604.  ORDER  OF CANDIDATES NAMES ON THE BALLOT. (1) Not later than the
  4    sixty-ninth day before the date of any election held by vote by mail  process,
  5    the  secretary of state shall complete a random ordering of the letters of the
  6    alphabet.
  7        (2)  Not later than the sixty-eighth day before the date of  any  election
  8    held  by vote by mail, the secretary of state shall communicate to each county
  9    clerk a copy of the random ordering of the letters of the alphabet.
 10        (3)  The county clerk shall arrange by surname the names of the candidates
 11    on the ballot or ballot label in the random order of the letters of the alpha-
 12    bet completed by the secretary of state under subsection (1) of this section.
                                                                        
 13        34-2605.  APPLICABILITY OF OTHER LAWS. All election laws,  including,  but
 14    not limited to, bond election laws, city charters or ordinances, not inconsis-
 15    tent  with  this  chapter,  shall apply to all elections in election precincts
 16    where vote by mail systems are used. No provision of law or  ordinance,  which
 17    in any way conflicts with this chapter or with the use of vote by mail systems
 18    as  provided  in  this  chapter, shall operate to prohibit use of vote by mail
 19    systems in any election or bond issue election.
                                                                        
 20        SECTION 2.  That Section 50-429, Idaho Code, be, and the  same  is  hereby
 21    amended to read as follows:
                                                                        
 22        50-429.  GENERAL  AND SPECIAL CITY ELECTIONS. (1) A general election shall
 23    be held in each city governed by this title, for officials as  in  this  title
 24    provided,  on  the Tuesday following the first Monday of November in each odd-
 25    numbered year. All such officials shall be elected and hold  their  respective
 26    offices  for  the  term  specified  and until their successors are elected and
 27    qualified. All other city elections that may be held under authority  of  gen-
 28    eral law shall be known as special city elections.
 29        (2)  With  express  authorization from the city council and subject to the
 30    provisions of chapter 26, title 34, Idaho Code, the city clerk  shall  conduct
 31    all  primary, special and general elections entirely by a vote by mail system.
 32    The city council shall give the city clerk at least ninety (90)  days'  notice
 33    before  the first election to be conducted entirely by mail. If the city coun-
 34    cil decides to return to a polling place election environment, the city  coun-
 35    cil  shall  give  the  city clerk at least ninety (90) days' notice before the
 36    first election to be conducted using polling places. If a city chooses to have
 37    the county conduct any general or special election for it and if  that  county
 38    has  adopted  a  vote  by  mail system pursuant to chapter 26, title 34, Idaho
 39    Code, the city election shall be conducted by mail ballot.
 40        (3)  On and after January 1, 1994, notwithstanding any other provisions of
 41    law to the contrary, there shall be no more than four (4) elections  conducted
 42    in any city in any calendar year, except as provided in this section.
 43        (34)  The dates on which elections may be conducted are:
 44        (a)  The first Tuesday in February of each year; and
 45        (b)  The fourth Tuesday in May of each year; and
 46        (c)  The first Tuesday in August of each year; and
 47        (d)  The Tuesday following the first Monday in November of each year.
 48        (e)  In  addition to the elections specified in subsections paragraphs (a)
 49        through (d) of this subsection, an emergency election may be  called  upon
 50        motion  of the city council of a city. An emergency exists when there is a
 51        great public calamity, as an extraordinary fire, flood, storm, epidemic or
                                                                        
                                       4
                                                                        
  1        other disaster, or if it is necessary to do emergency work to prepare  for
  2        a  national  or  local defense, or it is necessary to do emergency work to
  3        safeguard life, health or property. Such a special election, if  conducted
  4        by the city clerk, shall be conducted at the expense of the political sub-
  5        division submitting the question.
  6        (45)  The  secretary  of state is authorized to provide such assistance as
  7    necessary, and to prescribe any needed rules or interpretations for  the  con-
  8    duct of elections authorized under the provisions of this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16790
                                
This legislation provides an option for county commissioners to
adopt a vote-by-mail election system in their county that would
apply to all primary, general, and special elections.  Ballots
would be mailed to all registered voters.  However, some polling
locations would be available for those wishing to make a physical
appearance at the polls, or for those exercising same day
registration.  Mail-in-ballots would contain a ballot, a return
signature verification envelope, and a secrecy envelope.  The
signature on the return envelope will be verified with the
signature on the elector's registration card.  No ballots will be
counted until Election Day.  Vote-by-mail would be available to
all taxing districts, except school districts, upon approval of
their respective governing boards.  If taxing districts contract
with a vote-by-mail county for their election, it will be
conducted by mail.  

Currently, all counties utilize absentee voting and nine (9)
counties utilize the mail ballot precinct law.  Voter
participation is greater in these precincts as compared to the
turnout county-wide. To date, no complaints of fraud in the mail
ballot precincts have been filed in Idaho. 


                         FISCAL IMPACT
                                
There will be no fiscal impact to the General Fund.  The impact
to local government will be determined on a county-by-county
basis for those counties who choose the vote-by-mail option.  





CONTACT
Names:    Daniel G. Chadwick, Idaho Association of Counties 
          Tony Poinelli
          Kelci Karl-Robinson
          Kerry Ellen Elliott
Phone:    (208) 345-9126


STATEMENT OF PURPOSE/FISCAL NOTE                         H 94