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H0196...............................................by REVENUE AND TAXATION
ELECTION DATES - Amends existing law relating to elections to limit the
number of elections that may be conducted in a calendar year; to specify
the dates elections may be held; to remove the exemption on the limitation
upon elections as it applies to school districts; to provide for
application to city elections; and to revise dates of elections of
political subdivisions consistent with the specified election dates.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Loc Gov
02/23 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 40-30-0
AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Bilbao, Block, Bolz,
Brackett, Bradford, Chadderdon, Clark, Collins, Crane, Eskridge,
Hagedorn, Hart, Harwood, Henderson, Kren, Labrador, Lake, Loertscher,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nonini, Patrick,
Raybould, Roberts, Schaefer, Shepherd(8), Smith(24), Stevenson,
Thayn, Vander Woude, Wood(35), Mr. Speaker
NAYS -- Andrus, Black, Bock, Boe, Chavez, Chew, Durst, Edmunson,
Henbest, Jaquet, Killen, King, LeFavour, Luker, Nielsen,
Pasley-Stuart, Pence, Ring, Ringo, Ruchti, Rusche, Sayler,
Shepherd(2), Shirley, Shively, Smith(30), Snodgrass, Trail, Wills,
Wood(27)
Absent and excused -- None
Floor Sponsor - Lake
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 196
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ELECTIONS; AMENDING SECTION 22-4301, IDAHO CODE, TO REVISE THE
3 DATE OF ELECTION TO ESTABLISH AND MAINTAIN A WEATHER MODIFICATION DIS-
4 TRICT; AMENDING SECTION 31-402, IDAHO CODE, TO REVISE THE DATE OF ELECTION
5 TO CONSOLIDATE COUNTIES; AMENDING SECTION 31-403, IDAHO CODE, TO REVISE
6 THE DATE OF ELECTION REFERRED TO IN A PETITION TO CONSOLIDATE COUNTIES;
7 AMENDING SECTION 33-308, IDAHO CODE, TO REQUIRE THAT THE DATE OF A SCHOOL
8 DISTRICT ELECTION HELD FOR THE PURPOSE OF EXCISING OR ANNEXING TERRITORY
9 TO A DISTRICT SHALL BE HELD ON A DATE AUTHORIZED IN SECTION 34-106, IDAHO
10 CODE; AMENDING SECTION 33-312, IDAHO CODE, TO REQUIRE THAT THE DATE OF A
11 SCHOOL DISTRICT ELECTION HELD FOR THE PURPOSE OF DIVIDING A SCHOOL DIS-
12 TRICT SHALL BE HELD SUBJECT TO THE PROVISIONS OF SECTION 34-106, IDAHO
13 CODE, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-317, IDAHO
14 CODE, TO PROVIDE THAT AN ELECTION HELD TO AUTHORIZE A LEVY IN SUPPORT OF A
15 COOPERATIVE SERVICE AGENCY SHALL BE HELD SUBJECT TO THE PROVISIONS OF SEC-
16 TION 34-106, IDAHO CODE; AMENDING SECTION 33-351, IDAHO CODE, TO PROVIDE
17 THAT A SCHOOL DISTRICT ELECTION HELD ON THE QUESTION OF CREATING SUBDIS-
18 TRICTS SHALL BE HELD SUBJECT TO THE PROVISIONS OF SECTION 34-106, IDAHO
19 CODE; AMENDING SECTION 33-434, IDAHO CODE, TO PROVIDE THAT A SCHOOL DIS-
20 TRICT ELECTION HELD ON THE QUESTION OF RECALLING A TRUSTEE SHALL BE HELD
21 ON THE NEAREST DATE AUTHORIZED IN SECTION 34-106, IDAHO CODE; AMENDING
22 SECTION 33-503, IDAHO CODE, TO REVISE THE DATE OF ELECTION FOR SCHOOL DIS-
23 TRICT TRUSTEES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
24 33-802, IDAHO CODE, TO PROVIDE THAT ELECTIONS FOR CERTAIN SCHOOL DISTRICT
25 LEVIES SHALL BE HELD SUBJECT TO THE PROVISIONS OF SECTION 34-106, IDAHO
26 CODE; AMENDING SECTION 33-804, IDAHO CODE, TO PROVIDE THAT A SCHOOL DIS-
27 TRICT ELECTION HELD TO AUTHORIZE A SCHOOL PLANT FACILITIES RESERVE FUND
28 LEVY SHALL BE HELD SUBJECT TO THE PROVISIONS OF SECTION 34-106, IDAHO
29 CODE; AMENDING SECTION 34-106, IDAHO CODE, TO LIMIT THE NUMBER OF ELEC-
30 TIONS WHICH MAY BE CONDUCTED IN A CALENDAR YEAR, TO SPECIFY THE DATES
31 ELECTIONS MAY BE HELD, TO REMOVE THE EXEMPTION ON LIMITATION UPON ELEC-
32 TIONS AS IT APPLIES TO SCHOOL DISTRICTS, TO PROVIDE AN EFFECTIVE DATE FOR
33 CERTAIN ELECTIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
34 34-1401, IDAHO CODE, TO CLARIFY ADMINISTRATION OF SCHOOL DISTRICT ELEC-
35 TIONS; AMENDING SECTION 34-2501, IDAHO CODE, TO REVISE THE DEFINITION OF
36 "EXPENDITURE REPORT PERIOD" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
37 SECTION 39-1330, IDAHO CODE, TO REVISE THE DATE OF ELECTION FOR HOSPITAL
38 DISTRICTS AND BOARD MEMBERS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
39 SECTION 40-1305, IDAHO CODE, TO REVISE THE DATE OF ELECTION OF HIGHWAY
40 COMMISSIONERS AND TO DELETE OBSOLETE LANGUAGE; AMENDING SECTION 42-3211,
41 IDAHO CODE, TO REVISE THE DATE OF ELECTION FOR WATER AND SEWER DISTRICTS;
42 AMENDING SECTION 42-4204, IDAHO CODE, TO REVISE THE DATE OF ELECTION FOR
43 BOARD OF DIRECTORS OF AN AQUIFER RECHARGE DISTRICT; AMENDING SECTION
44 42-5104, IDAHO CODE, TO REVISE THE DATE OF ELECTION FOR BOARD OF DIRECTORS
45 OF A GROUND WATER MANAGEMENT DISTRICT; AMENDING SECTION 50-429, IDAHO
46 CODE, TO LIMIT THE NUMBER OF CITY ELECTIONS WHICH MAY BE CONDUCTED IN A
2
1 CALENDAR YEAR, TO SPECIFY THE DATES ELECTIONS MAY BE HELD, TO PROVIDE AN
2 EFFECTIVE DATE FOR ELECTIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
3 SECTION 50-803, IDAHO CODE, TO PROVIDE THAT AN ELECTION HELD ON THE QUES-
4 TION OF ADOPTING THE COUNCIL-MANAGER PLAN SHALL BE HELD ON THE NEAREST
5 DATE AUTHORIZED IN SECTION 50-429, IDAHO CODE; AMENDING SECTION 50-806,
6 IDAHO CODE, TO PROVIDE FOR ELECTION OF OFFICIALS CONSISTENT WITH THE PRO-
7 VISIONS OF SECTION 50-803, IDAHO CODE, AND TO PROVIDE A CODE REFERENCE;
8 AMENDING SECTION 50-2104, IDAHO CODE, TO PROVIDE THAT AN ELECTION HELD ON
9 THE QUESTION OF CONSOLIDATING CITIES SHALL BE HELD ON THE NEAREST DATE
10 AUTHORIZED IN SECTION 50-429, IDAHO CODE; AMENDING SECTION 50-2107, IDAHO
11 CODE, TO PROVIDE THAT AN ELECTION OF OFFICERS OF A CONSOLIDATED CITY SHALL
12 BE HELD ON THE NEAREST DATE AUTHORIZED IN SECTION 50-429, IDAHO CODE;
13 AMENDING SECTION 50-2302, IDAHO CODE, TO PROVIDE THAN AN ELECTION TO ORGA-
14 NIZE A CITY SHALL BE HELD SUBJECT TO THE PROVISIONS OF SECTION 50-429,
15 IDAHO CODE, AND TO MAKE TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE
16 DATE.
17 Be It Enacted by the Legislature of the State of Idaho:
18 SECTION 1. That Section 22-4301, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 22-4301. ESTABLISHMENT -- PETITION -- ELECTION. (1) The county commis-
21 sioners of any county shall, upon petition signed by not less than fifty (50)
22 resident real property holders of said county, or any portion thereof, which
23 may exclude incorporated cities, undertake the following procedure to deter-
24 mine the advisability of resolving to establish and maintain a weather modifi-
25 cation district within the county as may be designated in the petition.
26 (a) A petition to form a weather modification district shall be presented
27 to the county clerk and recorder. The petition shall be signed by not less
28 than fifty (50) of the resident real property holders within the proposed
29 district. The petition shall designate the boundaries of the district.
30 (b) The petition shall be filed with the county clerk and recorder of the
31 county in which the signers of the petition are located. Upon the filing
32 of the petition the county clerk shall examine the petition and certify
33 whether the required number of petitioners have signed the petition. If
34 the number of petition signers is sufficient, the clerk shall transmit the
35 petition to the board of county commissioners.
36 (c) Upon receipt of a duly certified petition the board of county commis-
37 sioners shall give notice of an election to be held, subject to the provi-
38 sions of section 34-106, Idaho Code, in such proposed district for the
39 purpose of determining whether or not the proposed district shall be orga-
40 nized and to elect the first board of trustees for the district. Such
41 notice shall include the date and hours of the election, the polling
42 places, the maximum percent of market value for assessment purposes of
43 taxable property within the district which the proposed district will be
44 permitted to levy, the general purposes of the proposed district, a
45 description of lands to be included in the proposed district, a statement
46 that a map of the proposed district is available in the office of the
47 board of county commissioners, and the names and terms of the members to
48 be elected to the first board of trustees. The notice shall be published
49 once each week for three (3) consecutive weeks prior to such election, in
50 a newspaper of general circulation within the county.
51 (d) The election shall be held and conducted consistent with the provi-
52 sions of chapter 14, title 34, Idaho Code. The board of county commission-
3
1 ers shall appoint three (3) judges of election, one (1) of whom shall act
2 as clerk for the election. At such election the electors shall vote for or
3 against the organization of the district, and the members of the first
4 board of trustees.
5 (e) The judges of election shall certify the returns of the election to
6 the board of county commissioners. If a majority of the votes cast at said
7 election are in favor of the organization, the board of county commission-
8 ers shall declare the district organized and give it a name by which, in
9 all proceedings, it shall thereafter be known, and shall further designate
10 the first board of trustees elected, and thereupon the district shall be a
11 legal taxing district.
12 (f) On the first fourth Tuesday of February May, in the second calendar
13 year after the organization of any district, and on the first fourth Tues-
14 day of February May every year thereafter an election shall be held, which
15 shall be known as the annual election of the district.
16 At the first annual election in any district hereafter organized, and each
17 third year thereafter, there shall be elected by the qualified electors of the
18 district, one (1) member of the board to serve for a term of three (3) years;
19 at the second annual election and each third year thereafter, there shall be
20 elected one (1) member of the board to serve for a term of three (3) years,
21 and at the third annual election, and each third year thereafter, there shall
22 be elected one (1) member of the board to serve for a term of three (3) years.
23 Not later than the sixth Friday before any such election, nominations may
24 be filed with the secretary of the board and if a nominee does not withdraw
25 his name before the first publication of the notice of election, his name
26 shall be placed on the ballot. The board shall provide for holding such elec-
27 tion and shall appoint judges to conduct it. The secretary of the district
28 shall give notice of election by publication, and shall arrange such other
29 details in connection therewith as the board may direct. The returns of the
30 election shall be certified to and shall be canvassed and declared by the
31 board. The candidate or candidates receiving the most votes shall be elected.
32 In any election for trustees, if after the deadline for filing a declara-
33 tion of intent as a write-in candidate, it appears that only one (1) qualified
34 candidate has been nominated for a trustee position, it shall not be necessary
35 for the candidate to stand for election, and the board of trustees of the dis-
36 trict shall declare such candidate elected as trustee, and the secretary of
37 the district shall immediately make and deliver to such person a certificate
38 of election.
39 SECTION 2. That Section 31-402, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 31-402. TIME FOR HOLDING ELECTIONS TO CONSOLIDATE COUNTIES. All elections
42 for the consolidation of counties shall be held on the first fourth Tuesday in
43 August May in the year general elections are held.
44 SECTION 3. That Section 31-403, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 31-403. PETITION FOR CONSOLIDATION. Not less than ninety (90) days nor
47 more than six (6) months prior to the date specified in section 31-402, Idaho
48 Code, a petition may be circulated in any county praying for the consolidation
49 of such county with another county. Such petition shall be entitled in the
50 district court of the former county, and shall be in substantially the follow-
51 ing form:
4
1 "The undersigned qualified electors of .... County, State of Idaho, hereby
2 petition the court or judge thereof to order an election to be held on the
3 first fourth Tuesday in August May next hereafter to determine whether said
4 .... County shall be consolidated with .... County (naming the county with
5 which it is desired to consolidate), under the provisions of the law applica-
6 ble to such elections."
7 Such petition may consist of any number of copies required for convenient
8 and rapid circulation and the various copies shall be considered as one (1)
9 petition. If said petition, within the time limits hereinbefore fixed, is
10 signed by a number of qualified electors of the county which it is proposed to
11 consolidate, equal in number to two-thirds (2/3) of all votes cast therein at
12 the last general election, such petition shall thereupon, and not later than
13 eighty (80) days prior to said first fourth Tuesday in August May, be filed
14 with the clerk of the district court of such county. Such petition shall be
15 deemed a proposal to consolidate said county with the county named therein.
16 SECTION 4. That Section 33-308, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 33-308. EXCISION AND ANNEXATION OF TERRITORY. (1) A board of trustees of
19 any school district including a specially chartered school district, or one-
20 fourth (1/4) or more of the school district electors, residing in an area of
21 not more than fifty (50) square miles within which there is no schoolhouse or
22 facility necessary for the operation of a school district, may petition in
23 writing proposing the annexation of the area to another and contiguous school
24 district.
25 (2) Such petition shall be in duplicate, one (1) copy of which shall be
26 presented to the board of trustees of the district from which the area is pro-
27 posed to be excised, and the other to the board of trustees of the district to
28 which the area is proposed to be annexed. The petition shall contain:
29 (a) The names and addresses of the petitioners;
30 (b) A legal description of the area proposed to be excised from one dis-
31 trict and annexed to another contiguous district;
32 (c) Maps showing the boundaries of the districts as they presently appear
33 and as they would appear should the excision and annexation be approved;
34 (d) The names of the school districts from and to which the area is pro-
35 posed to be excised, and annexed;
36 (e) A description of reasons for which the petition is being submitted;
37 and
38 (f) An estimate of the number of children residing in the area described
39 in the petition.
40 (3) The board of trustees of each school district, no later than ten (10)
41 days after its first regular meeting held subsequent to receipt of the peti-
42 tion, shall transmit the petition, with recommendations, to the state board of
43 education.
44 (4) The state board of education shall approve the proposal provided:
45 (a) The excision and annexation is in the best interests of the children
46 residing in the area described in the petition; and
47 (b) The excision of the territory, as proposed, would not leave a school
48 district with a bonded debt in excess of the limit then prescribed by law.
49 If either condition is not met, the state board shall disapprove the proposal.
50 The approval or disapproval shall be expressed in writing to the board of
51 trustees of each school district named in the petition.
52 (5) If the state board of education shall approve the proposal, it shall
53 be submitted to the school district electors residing in the area described in
5
1 the petition, at an election held in the manner provided in chapter 4, title
2 33, Idaho Code. Such election shall be held within on the date authorized in
3 section 34-106, Idaho Code, which is nearest to sixty (60) days after the
4 state board approves the proposal.
5 (6) At the election there shall be submitted to the electors having the
6 qualifications of electors in a school district bond election and residing in
7 the area proposed to be annexed:
8 (a) The question of whether the area described in the petition shall be
9 excised from school district no. ( ) and annexed to contiguous school
10 district no. ( ); and
11 (b) The question of assumption of the appropriate proportion of any
12 bonded debt, and the interest thereon, of the proposed annexing school
13 district.
14 (7) If a majority of the school district electors in the area described
15 in the petition, voting in the election, shall vote in favor of the proposal
16 to excise and annex the said area, and if in the area the electors voting on
17 the question of the assumption of bonded debt and interest have approved such
18 assumption by the proportion of votes cast as is required by section 3, arti-
19 cle VIII, of the constitution of the state of Idaho, the proposal shall carry
20 and be approved. Otherwise, it shall fail.
21 (8) If the proposal shall be approved by the electors in the manner pre-
22 scribed, the state board of education shall make an appropriate order for the
23 boundaries of the affected school districts to be altered; and the legal
24 descriptions of the school districts shall be corrected as prescribed in sec-
25 tion 33-307(2), Idaho Code.
26 SECTION 5. That Section 33-312, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 33-312. DIVISION OF SCHOOL DISTRICT. A school district may be divided so
29 as to form not more than two (2) districts each of which must have continuous
30 boundaries, in the manner hereinafter provided, except that any district which
31 operates and maintains a secondary school or schools shall not be divided
32 unless the two (2) districts created out of the division shall each operate
33 and maintain a secondary school or schools immediately following such divi-
34 sion.
35 A proposal to divide a school district may be initiated by its board of
36 trustees and submitted to the state board of education. Such proposal shall
37 contain all of the information required in a proposal to consolidate school
38 districts as may be relevant to a proposal to divide a school district. It
39 shall also show the manner in which it is proposed to divide or apportion the
40 property and liabilities of the district, the names and numbers of the pro-
41 posed new districts, and legal description of the proposed trustee zones.
42 Before submitting any proposal to divide a school district, the board of
43 trustees shall hold a hearing or hearings on the proposal within the district.
44 Notice of such hearing or hearings shall be posted by the clerk of the board
45 of trustees in not less than three (3) public places within the district, one
46 (1) of which places shall be at or near the main door of the administrative
47 offices of the school district, for not less than ten (10) days before the
48 date of such hearing or hearings.
49 The state board of education may approve or disapprove any such proposal
50 submitted to it, and shall give notice thereof in the manner of a proposal to
51 consolidate school districts; except, that the state board of education shall
52 not approve any proposal which would result in a district to be created by the
53 division having or assuming a bonded debt in an amount exceeding the limita-
6
1 tions imposed by law, or which would leave the area of any city or village in
2 more than one (1) school district.
3 If the state board of education shall approve the proposal to divide the
4 district, notice of the election shall be published, the election shall be
5 held subject to the provisions of section 34-106, Idaho Code, and conducted,
6 and the ballots shall be canvassed, according to the provisions of sections
7 33-401-- through 33-406, Idaho Code. The division shall be approved only if a
8 majority of all votes cast at said special election by the school district
9 electors residing within the entire existing school district and voting in the
10 election are in favor of the division of such district, and a majority of all
11 votes cast at said special election by the qualified voters within that por-
12 tion of the proposed new district having a minority of the number of qualified
13 voters, such portion to be determined by the number of votes cast in each area
14 which is a contemplated new district, are in favor of the division of the dis-
15 trict, and upon such approval two (2) new school districts shall be thereby
16 created. The organization and division of all school districts which have
17 divided since June 30, 1963, are hereby validated.
18 If the division be approved, as herein provided, the board of canvassers
19 shall thereupon notify the state board of education and the trustees of the
20 district which has been divided. The state board shall give notice to the
21 board of county commissioners of any county in which the newly created dis-
22 tricts may lie.
23 SECTION 6. That Section 33-317, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 33-317. COOPERATIVE SERVICE AGENCY -- POWERS -- DUTIES -- LIMITATIONS.
26 (1) Two (2) or more school districts may join together for educational pur-
27 poses to form a service agency to purchase materials and/or provide services
28 for use individually or in combination. The cooperative service agency thus
29 formed shall be empowered to adopt bylaws, and act as a body corporate and
30 politic with such powers as are assigned through its bylaws but limited to the
31 powers and duties of local school districts. In its corporate capacity, this
32 agency may sue and be sued and may acquire, hold and convey real and personal
33 property necessary to its existence. The employees of the service agency shall
34 be extended the same general rights, privileges and responsibilities as compa-
35 rable employees of a school district.
36 (2) A properly constituted cooperative service agency may request from
37 its member school districts funding to be furnished by a tax levy not to
38 exceed one-tenth of one percent (.1%) for a period not to exceed ten (10)
39 years by such member school districts. Such levy must be authorized by an
40 election held subject to the provisions of section 34-106, Idaho Code, and be
41 conducted in each of the school districts pursuant to chapter 4, title 33,
42 Idaho Code, and approved by a majority of the district electors voting in such
43 election. Moneys received by the member school districts from this source
44 shall be transferred to the cooperative service agency upon receipt of billing
45 from the agency. Excess revenue over billing must be kept in a designated
46 account by the district, with accrued interest, and may only be spent as bud-
47 geted by the agency.
48 (3) For the purpose of constructing and maintaining facilities of a coop-
49 erative service agency, in addition to the levy authorized in subsection (2)
50 of this section, a properly constituted cooperative service agency may request
51 from its member school districts additional funding to be furnished by a tax
52 levy not to exceed one-tenth of one percent (.1%) for a period not to exceed
53 ten (10) years. Such levy must be authorized by an election held subject to
7
1 the provisions of section 34-106, Idaho Code, and be conducted in each of the
2 school districts pursuant to chapter 4, title 33, Idaho Code, and approved by
3 sixty-six and two-thirds percent (66 2/3%) of the district electors voting in
4 such election. Electors of the districts may approve continuation of such levy
5 for an additional ten (10) years at an election held for that purpose. There
6 is no limit on the number of elections which may be held for the purpose of
7 continuing the levy authorized under this subsection (3) for an additional ten
8 (10) years. The administration and accounting of moneys received by imposition
9 of the levy shall be the same as provided in subsection (2) of this section.
10 SECTION 7. That Section 33-351, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 33-351. SUBDISTRICTS -- AUTHORITY TO ESTABLISH -- ELECTION. The board of
13 trustees of any school district which operates two (2) or more high schools
14 may at any time, on its own motion or upon the filing with the board of
15 trustees of a petition so requesting signed by not less than fifty (50) school
16 electors, call an election to submit to the qualified electors of the school
17 district the question of the creation of one or more school subdistricts. Such
18 election shall be called, the election shall be held subject to the provisions
19 of section 34-106, Idaho Code, and shall be conducted pursuant to the provi-
20 sions of chapter 4, title 33, Idaho Code. The proceedings calling such elec-
21 tion shall set forth the boundaries of each proposed school subdistrict and
22 shall provide for the submission of the question of the creation of each such
23 school subdistrict to the qualified electors of the school district and to the
24 qualified electors residing within the proposed boundaries of each such school
25 subdistrict. No proposition for the creation of a school subdistrict shall be
26 determined to have carried unless such proposition shall receive a majority of
27 the votes cast on such proposition by the qualified electors residing within
28 the boundaries of the school district and a majority of the votes cast on such
29 proposition by the qualified electors residing within the boundaries of the
30 proposed school subdistrict. Whenever the creation of more than one (1) school
31 subdistrict is submitted at the same election, separate ballots and separate
32 propositions shall be used in voting on the question of creating each school
33 subdistrict.
34 SECTION 8. That Section 33-434, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 33-434. FIXING DATE FOR RECALL ELECTION -- NOTICE. If, at the conclusion
37 of the verification and canvass, it is found that a petition for recall bears
38 the required number of signatures of certified legal voters, the clerk of the
39 school board shall promptly certify the petitions as sufficient and fix a date
40 for the special election to determine whether or not the school trustee
41 charged shall be recalled and discharged from office. The special election
42 shall be held on the date authorized in section 34-106, Idaho Code, which is
43 nearest to but not less than fourteen (14) days nor more than forty-five (45)
44 days from the certification. Notice shall be given in the manner as required
45 by law for all other school elections as provided in section 33-402, Idaho
46 Code.
47 SECTION 9. That Section 33-503, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 33-503. ELECTION OF TRUSTEES -- UNIFORM DATE. The election of school dis-
8
1 trict trustees including those in charter districts shall be on the third
2 fourth Tuesday in May. Notice and conduct of the election, and the canvassing
3 of the returns shall be as provided in sections 33-401 -- through 33-406,
4 Idaho Code. In each trustee zone, the person receiving the greatest number of
5 votes cast within his zone shall be declared by the board of trustees as the
6 trustee elected from that zone.
7 If any two (2) or more persons have an equal number of votes in any
8 trustee zone and a greater number than any other nominee in that zone, the
9 board of trustees shall determine the winner by a toss of a coin.
10 SECTION 10. That Section 33-802, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 33-802. SCHOOL LEVIES. Any tax levied for school purposes shall be a lien
13 on the property against which the tax is levied. The board of trustees shall
14 determine the levies upon each dollar of taxable property in the district for
15 the ensuing fiscal year as follows:
16 (1) Bond, Interest and Judgment Obligation Levies. Such levies as shall
17 be required to satisfy all maturing bond, bond interest, and judgment obliga-
18 tions.
19 (2) Budget Stabilization Levies. School districts not receiving state
20 equalization funds in fiscal year 2006 may authorize a budget stabilization
21 levy for calendar year 2006 and each year thereafter. Such levies shall not
22 exceed the difference between the amount of equalized funds that the state
23 department of education estimates the school district will receive in fiscal
24 year 2007, based on the school district's fiscal year 2006 reporting data, and
25 the combined amount of money the school district would have received from its
26 maintenance and operation levy and state property tax replacement funds in
27 fiscal year 2007 under the laws of the state of Idaho as they existed prior to
28 amendment by the first extraordinary session of the fifty-eighth Idaho legis-
29 lature. The state department of education shall notify the state tax commis-
30 sion and affected counties and school districts of the maximum levy amounts
31 permitted, by no later than September 1, 2006.
32 (3) Supplemental Maintenance and Operation Levies. No levy in excess of
33 the levy permitted by this section shall be made by a noncharter district
34 unless such a supplemental levy in a specified amount and for a specified time
35 not to exceed two (2) years be first authorized through an election held sub-
36 ject to the provisions of section 34-106, Idaho Code, and pursuant to chapter
37 4, title 33, Idaho Code, and approved by a majority of the district electors
38 voting in such election. A levy approved pursuant to this subsection may be
39 reduced by a majority vote of the board of trustees in the second year.
40 (4) Charter District Supplemental Maintenance and Operation. Levies pur-
41 suant to the respective charter of any such charter district shall be first
42 authorized through an election held subject to the provisions of section
43 34-106, Idaho Code, and pursuant to chapter 4, title 33, Idaho Code, and
44 approved by a majority of the district electors voting in such election.
45 (5) The board of trustees of any school district that has, for at least
46 seven (7) consecutive years, been authorized through an election held subject
47 to the provisions of section 34-106, Idaho Code, and pursuant to chapter 4,
48 title 33, Idaho Code, to certify a supplemental levy that has annually been
49 equal to or greater than twenty percent (20%) of the total general maintenance
50 and operation fund, may submit the question of an indefinite term supplemental
51 levy to the electors of the school district. Such question shall clearly state
52 the dollar amount that will be certified annually and that the levy will be
53 for an indefinite number of years. The question must be approved by a majority
9
1 of the district electors voting on the question in an election held subject to
2 the provisions of section 34-106, Idaho Code, and pursuant to chapter 4,
3 title 33, Idaho Code. The levy approved pursuant to this subsection may be
4 reduced by a majority vote of the board of trustees during any fiscal year.
5 (6) A charter district may levy for maintenance and operations if such
6 authority is contained within its charter. In the event property within a
7 charter district's boundaries is contained in a revenue allocation area
8 established under chapter 29, title 50, Idaho Code, and such revenue alloca-
9 tion area has given notice of termination thereunder, then, only for the pur-
10 pose of determining the levy described in this subsection, the district may
11 add the increment value, as defined in section 50-2903, Idaho Code, to the
12 actual or adjusted market value for assessment purposes of the district as
13 such value existed on December 31 of the previous year.
14 SECTION 11. That Section 33-804, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 33-804. SCHOOL PLANT FACILITIES RESERVE FUND LEVY. In any school district
17 in which a school plant facilities reserve fund has been created, either by
18 resolution of the board of trustees or by apportionment to new districts
19 according to the provisions of section 33-901, Idaho Code, to provide funds
20 therefor the board of trustees shall submit to the qualified school electors
21 of the district the question of a levy not to exceed four-tenths of one per-
22 cent (.4%) of market value for assessment purposes in each year, as such valu-
23 ation existed on December 31 of the previous year, for a period not to exceed
24 ten (10) years.
25 The question of a levy to be submitted to the electors of the district and
26 the notice of such election shall state the dollar amount proposed to be col-
27 lected each year during the period of years in each of which the collection is
28 proposed to be made, the percentage of votes in favor of the proposal which
29 are needed to approve the proposed dollar amount to be collected, and the pur-
30 poses for which such funds shall be used. Said notice shall be given, the
31 election shall be held subject to the provisions of section 34-106, Idaho
32 Code, and conducted and the returns canvassed as provided in chapter 4, title
33 33, Idaho Code; and the dollar amount to be collected shall be approved only
34 if:
35 1. Fifty-five percent (55%) of the electors voting in such election are
36 in favor thereof if the levy will result in a total levy for school plant
37 facilities and bonded indebtedness of less than two-tenths of one percent
38 (.2%) of market value for assessment purposes as such valuation existed on
39 December 31 of the year immediately preceding the election;
40 2. Sixty percent (60%) of the electors voting in such election are in
41 favor thereof if the levy will result in a total levy for school plant facili-
42 ties and bonded indebtedness of two-tenths of one percent (.2%) or more and
43 less than three-tenths of one percent (.3%) of market value for assessment
44 purposes as such valuation existed on December 31 of the year immediately pre-
45 ceding the election; or
46 3. Two-thirds (2/3) of the electors voting in such election are in favor
47 thereof if the levy will result in a total levy for school plant facilities
48 and bonded indebtedness of three-tenths of one percent (.3%) or more of market
49 value for assessment purposes as such valuation existed on December 31 of the
50 year immediately preceding the election.
51 If the question be approved, the board of trustees may make a levy, not to
52 exceed four-tenths of one percent (.4%) of market value for assessment pur-
53 poses as such valuation existed on December 31 of the previous year, in each
10
1 year for which the collection was approved, sufficient to collect the dollar
2 amount approved and may again submit the question at the expiration of the
3 period of such levy, for the dollar amount to be collected during each year,
4 and the number of years which the board may at that time determine. Or, during
5 the period approved at any such election, if such period be less than ten (10)
6 years or the levy be less than four-tenths of one percent (.4%) of market
7 value for assessment purposes as such valuation existed on December 31 of the
8 previous year, the board of trustees may submit to the qualified school elec-
9 tors in the same manner as before, the question whether the number of years,
10 or the levy, or both, be increased, but not to exceed the maximum herein
11 authorized. If such increase or increases be approved by the electors, the
12 terms of such levy shall be in lieu of those approved in the first instance,
13 but disapproval shall not affect any terms theretofore in effect.
14 Any bonded indebtedness incurred in accordance with the provisions of sec-
15 tion 33-1103, Idaho Code, subsequent to the approval of a plant facilities
16 reserve fund levy shall not affect the terms of that levy for any time during
17 which such levy is in effect.
18 SECTION 12. That Section 34-106, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994 2008,
21 notwithstanding any other provisions of the law to the contrary, there shall
22 be no more than four two (42) elections conducted in any county in any calen-
23 dar year, except as provided in this section, and except that elections to
24 fill vacancies in the United States house of representatives shall be held as
25 provided in the governor's proclamation.
26 (1) The dates on which elections may be conducted are:
27 (a) the first Tuesday in February of each year; and
28 (b) tThe fourth Tuesday in May of each year; and
29 (c) the first Tuesday in August of each year; and
30 (db) tThe Tuesday following the first Monday in November of each year.
31 (ec) In addition to the elections specified in paragraphs (a) through and
32 (db) of this subsection (1), an emergency election may be called upon
33 motion of the governing board of a political subdivision. An emergency
34 exists when there is a great public calamity, such as an extraordinary
35 fire, flood, storm, epidemic, or other disaster, or if it is necessary to
36 do emergency work to prepare for a national or local defense, or it is
37 necessary to do emergency work to safeguard life, health or property. Such
38 a special election, if conducted by the county clerk, shall be conducted
39 at the expense of the political subdivision submitting the question.
40 (2) Candidates for office elected in February, May or August shall take
41 office on the date specified in the certificate of election but not more than
42 sixty (60) days following the election.
43 (3) Candidates for office elected in November shall take office as pro-
44 vided in the constitution, or on January 1, next succeeding the November elec-
45 tion.
46 (4) The governing board of each political subdivision subject to the pro-
47 visions of this section, which, prior to January 1, 1994 2008, conducted an
48 election for members of that governing board on a date other than a date per-
49 mitted in subsection (1) of this section, shall establish as the election date
50 for that political subdivision the date authorized in subsection (1) of this
51 section which falls nearest the date on which elections were previously con-
52 ducted, unless another date is established by law.
53 (5) The secretary of state is authorized to provide such assistance as
11
1 necessary, and to prescribe any needed rules, regulations or interpretations
2 for the conduct of elections authorized under the provisions of this section.
3 (6) School districts governed by title 33, Idaho Code, and wWater dis-
4 tricts governed by chapter 6, title 42, Idaho Code, are exempt from the provi-
5 sions of this section.
6 (7) Initiative, referendum and recall elections conducted by any politi-
7 cal subdivision shall be held on the nearest date authorized in subsection (1)
8 of this section which falls more than forty-five (45) days after the clerk of
9 the political subdivision orders that such initiative, referendum or recall
10 election shall be held.
11 SECTION 13. That Section 34-1401, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 34-1401. ELECTION ADMINISTRATION. Notwithstanding any provision to the
14 contrary, the election official of each political subdivision shall administer
15 all elections on behalf of any political subdivision, subject to the provi-
16 sions of this chapter, including all special district elections and elections
17 of special questions submitted to the electors as provided in this chapter.
18 School districts governed by title 33, Idaho Code, and water districts gov-
19 erned by chapter 6, title 42, Idaho Code, irrigation districts governed by
20 title 43, Idaho Code, ground water districts governed by chapter 52, title 42,
21 Idaho Code, and municipal elections governed by the provisions of chapter 4,
22 title 50, Idaho Code, are exempt from the provisions of this chapter. All
23 school district elections shall be conducted pursuant to chapter 4, title 33,
24 Idaho Code, except that they shall be governed by the election dates autho-
25 rized in section 34-106, Idaho Code. All municipal elections shall be con-
26 ducted pursuant to the provisions of chapter 4, title 50, Idaho Code, except
27 that they shall be governed by the elections dates authorized in section
28 34-106, Idaho Code, the registration procedures prescribed in section 34-1402,
29 Idaho Code, and the time the polls are open pursuant to section 34-1409, Idaho
30 Code. For the purposes of achieving uniformity, the secretary of state shall,
31 from time to time, provide directives and instructions to the various county
32 clerks and political subdivision election officials. Unless a specific excep-
33 tion is provided in this chapter, the provisions of this chapter shall govern
34 in all questions regarding the conduct of elections on behalf of all political
35 subdivisions. In all matters not specifically covered by this chapter, other
36 provisions of title 34, Idaho Code, governing elections shall prevail over any
37 special provision which conflicts therewith.
38 A political subdivision may contract with the county clerk to conduct all
39 or part of the elections for that political subdivision. In the event of such
40 a contract, the county clerk shall perform all necessary duties of the elec-
41 tion official of a political subdivision including, but not limited to, notice
42 of the filing deadline, notice of the election, and preparation of the elec-
43 tion calendar.
44 SECTION 14. That Section 34-2501, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 34-2501. DEFINITIONS. As used in this act, the following terms have the
47 following meanings:
48 (a) "Board" means the state board of examiners provided in section
49 67-2001, Idaho Code.
50 (b) "Committee" means the state central committee as provided in section
51 34-504, Idaho Code.
12
1 (c) "Election campaign fund" or "fund" means the fund created by section
2 34-2502, Idaho Code.
3 (d) "Political party" means an affiliation of electors representing a
4 political group under a given name as authorized by section 34-501, Idaho
5 Code:
6 (1) "Major political party" means a political party which at the last
7 general election polled for any one (1) of its candidates for state or
8 national elective office more than ten per cent percent (10%) of the vote
9 cast for the office.
10 (2) "Minor political party" means a political party which at the last
11 general election polled for any one (1) of its candidates for state or
12 national elective office more than three per cent percent (3%) but less
13 than ten per cent percent (10%) of the vote cast for the office.
14 (3) "New political party" means an affiliation of electors who shall file
15 with the secretary of state a petition that they desire recognition as a
16 political party, which said petition shall meet the requirements as other-
17 wise prescribed by law in section 34-501, Idaho Code.
18 (e) "General election" means the national, state and county election held
19 on the first Tuesday succeeding the first Monday of November of each even num-
20 bered year.
21 (f) "Qualified election expense" means an expense:
22 (1) iIncurred by the state central committee in furthering the election
23 of a candidate for office or attempting to influence any election;
24 (2) iIncurred within the expenditure report period as defined in this
25 act, or incurred before the beginning of such period to the extent such
26 expense is for property, service, or facilities used during such period;
27 (3) nNeither the incurring nor payment of which constitutes a violation
28 of any of the laws of the United States or of the state of Idaho.
29 (g) "Expenditure report period" means from the day following the primary
30 election (the fourth Tuesday succeeding the first Monday of August May in each
31 even numbered year) to the thirtieth day following the general election.
32 SECTION 15. That Section 39-1330, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-1330. BIENNIAL ELECTION OF BOARD MEMBERS -- TERMS OF OFFICE. On the
35 first fourth Tuesday of February May in the second calendar year after the
36 organization of any district, and on the first fourth Tuesday of February May
37 every second year thereafter, an election shall be held which shall be known
38 as the biennial election of the district. Prior to January 1, 1997 2008, a
39 board may, by resolution adopted at a regular meeting of the board, designate
40 the fourth Tuesday in May as the election date of the district.
41 At the first biennial election in any district hereafter organized and
42 each sixth year thereafter there shall be elected by the qualified electors of
43 the district three (3) members of the board to serve for a term of six (6)
44 years; at the second biennial election and each sixth year thereafter there
45 shall be elected two (2) members of the board to serve for a term of six (6)
46 years; at the third biennial election and each sixth year thereafter there
47 shall be elected two (2) members of the board to serve for terms of six (6)
48 years.
49 thirty ( ) sixty ( ) Nominations may be filed with the secretary of the
50 board not later than the sixth Friday preceding the election for which the
51 nomination is made, and if a nominee does not withdraw his name before the
52 first publication of the notice of election, his name shall be placed on the
53 ballot. The board shall provide for holding such elections and shall appoint
13
1 judges to conduct it; the secretary of the district shall give notice of elec-
2 tion by publication and shall arrange such other details in connection there-
3 with as the board may direct. The returns of the election shall be certified
4 to and shall be canvassed and declared by the board. The candidate or candi-
5 dates according to the number of directors to be elected, receiving the most
6 votes shall be elected. Any new member of the board shall qualify in the same
7 manner as members of the first board qualify.
8 In any election for director, if after the deadline for filing a declara-
9 tion of intent as a write-in candidate, it appears that only one (1) qualified
10 candidate has been nominated for a director's position, it shall not be neces-
11 sary for the candidate to stand for election, and the board of directors of
12 the district shall declare such candidate elected as a director, and the sec-
13 retary of the board of the district shall immediately make and deliver to such
14 person a certificate of election.
15 SECTION 16. That Section 40-1305, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 40-1305. ELECTION OF HIGHWAY COMMISSIONERS -- TERM OF OFFICE. (1) On the
18 first fourth Tuesday of August May of the next odd-numbered year following the
19 appointment of the first highway district commissioners, commissioners from
20 subdistricts one and two shall be elected for a term of two (2) years. There-
21 after the term of office of all commissioners shall be four (4) years. Highway
22 district commissioners elected prior to January 1, 1994, for a term to expire
23 on January 1, 1996, shall continue in office until October 1, 1995. Highway
24 district commissioners elected prior to January 1, 1994, for a term to expire
25 on January 1, 1998, shall continue in office until October 1, 1997. Elections
26 for commissioners of each of the subdistricts shall continue on the schedule
27 previously established.
28 (2) Alternative election of highway commissioners -- Term of office.
29 (a) Notwithstanding subsection (1) of this section, highway district com-
30 missioners may, upon the unanimous agreement of the existing board of
31 highway district commissioners, adopt an alternative term of office,
32 whereby a single highway district commissioner shall be elected each year
33 for three (3) years and in the fourth year no election shall be held.
34 (b) An election pursuant to paragraph (a) of this subsection shall be
35 conducted in the following manner:
36 (i) The commissioner representing subdistrict one shall be elected
37 for a term of four (4) years upon the expiration of the existing
38 term;
39 (ii) The commissioner representing subdistrict two shall be elected
40 for a term of five (5) years upon the expiration of the existing
41 term; and
42 (iii) Each year thereafter, one (1) commissioner shall be elected,
43 except for the fourth year when no election shall be held.
44 (c) If an alternative election is held pursuant to this subsection, the
45 highway district shall not revert to the former manner of elections and
46 terms of office until eight (8) years after such election.
47 Each highway commissioner shall be elected on a district wide basis.
48 SECTION 17. That Section 42-3211, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 42-3211. ELECTIONS -- TERMS OF OFFICE. (1) Except as provided in subsec-
51 tion (2), of this section, oOn the first fourth Tuesday in February May, in
14
1 the second calendar year after the organization of any district, and on the
2 first fourth Tuesday in February May every second year thereafter an election
3 shall be held, which shall be known as the biennial election of the district.
4 (2) In districts created under section 42-3202B, Idaho Code, biennial
5 elections shall also be held on the first fourth Tuesday in August May.
6 (3) At the first biennial election in any district hereafter organized,
7 and each sixth year thereafter, there shall be elected by the qualified elec-
8 tors of the district, one (1) member of the board to serve for a term of six
9 (6) years; at the second biennial election and each sixth year thereafter,
10 there shall be elected two (2) members of the board to serve for terms of six
11 (6) years, and at the third biennial election, and each sixth year thereafter,
12 there shall be elected two (2) members of the board to serve for terms of six
13 (6) years.
14 Not later than 5:00 p.m. on the sixth Friday preceding the election, nomi-
15 nations may be filed with the secretary of the board and if a nominee does not
16 withdraw his name before the first publication of the notice of election, his
17 name shall be placed on the ballot. The board shall provide for holding such
18 election and shall appoint judges to conduct it. The secretary of the district
19 shall give notice of election by publication, and shall arrange such other
20 details in connection therewith as the board may direct. The returns of the
21 election shall be certified to and shall be canvassed and declared by the
22 board. The candidate or candidates, according to the number of directors to be
23 elected, receiving the most votes, shall be elected. Any new member of the
24 board shall qualify in the same manner as members of the first board qualify.
25 In any election for director, if after the deadline for filing a declara-
26 tion of intent as a write-in candidate, it appears that the number of quali-
27 fied candidates who have been nominated is equal to the number of directors to
28 be elected, it shall not be necessary for the candidates to stand for elec-
29 tion, and the board of directors shall declare such candidates elected as
30 directors, and the secretary of the district shall immediately make and
31 deliver to such persons certificates of election signed by him and bearing the
32 seal of the district.
33 SECTION 18. That Section 42-4204, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 42-4204. BOARD OF DIRECTORS -- COMPOSITION -- APPOINTMENT OF FIRST BOARD
36 -- ELECTION OF SUBSEQUENT BOARDS. (1) The board of directors of the aquifer
37 recharge district shall consist of five (5) members. Each member shall be a
38 water user, or representative of a water user within the district. The members
39 of the board shall be as follows:
40 (a) one (1) member shall be a member of a lateral ditch water user's
41 association, canal company, irrigation district or similar organization;
42 (b) one (1) member shall be an owner or operator of a commercial fish
43 hatchery licensed in accordance with the provisions of section 22-4602,
44 Idaho Code;
45 (c) one (1) member shall be a farmer or rancher who is an appropriator of
46 groundwater and whose diversion thereof is accomplished primarily through
47 the operation of a well or wells;
48 (d) one (1) member shall be a member of the city council of a municipal-
49 ity within the district;
50 (e) one (1) member shall be generally representative of the interests of
51 water users within the district.
52 (2) The first board of directors shall be appointed by the director of
53 the department of water resources. Water users within the district, or groups
15
1 thereof, may submit to the director, or the director may solicit therefrom,
2 the names of qualified individuals to be considered for appointment to the
3 board.
4 (3) The term of office of the directors shall be determined by lot so
5 that three (3) members shall serve for a term of two (2) years and two (2)
6 members shall serve for a term of one (1) year. Thereafter, members shall
7 serve two (2) year terms and shall be elected as hereinafter provided.
8 (4) On the first fourth Tuesday in February May following the expiration
9 of the term of those members serving for one (1) year, and on the first fourth
10 Tuesday in February May of each year thereafter, an election shall be held in
11 accordance with the provisions of chapter 14, title 34, Idaho Code, at which
12 directors to succeed those whose terms have expired will be elected. Each
13 director so elected shall possess the qualifications required of all members
14 of the board and in addition shall possess the qualifications of the director
15 whom he is to succeed in office.
16 In any election for director, if after the deadline for filing a declara-
17 tion of intent as a write-in candidate, it appears that only one (1) qualified
18 candidate has been nominated for a directors position, it shall not be neces-
19 sary for the candidate to stand for election, and the board of trustees of the
20 district shall declare such candidate elected as director, and the secretary
21 of the district shall immediately make and deliver to such person a certifi-
22 cate of election.
23 SECTION 19. That Section 42-5104, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 42-5104. BOARD OF DIRECTORS -- COMPOSITION -- APPOINTMENT OF FIRST BOARD
26 -- ELECTION OF SUBSEQUENT BOARDS. (1) The board of directors of the ground
27 water management district shall consist of three (3) members. Each member
28 shall be a water user, or representative of a water user within the district.
29 (2) The first board of directors shall be appointed by the director of
30 the department of water resources. Water users within the district, or groups
31 thereof, may submit to the director, or the director may solicit therefrom,
32 the names of qualified individuals to be considered for appointment to the
33 board.
34 (3) The term of office of the directors shall be determined by lot so
35 that one (1) member shall serve for a term of three (3) years, one (1) member
36 shall serve for a term of two (2) years, and one (1) member shall serve for a
37 term of one (1) year. Thereafter, members shall serve a three (3) year term
38 and shall be elected as hereinafter provided. If a vacancy occurs, the direc-
39 tor shall appoint a successor to serve the remainder of the term.
40 (4) On the first fourth Tuesday in February May following the expiration
41 of the term of the member serving for one (1) year, and on the first fourth
42 Tuesday in February May of each year thereafter, an election shall be held at
43 which a director to succeed the one whose term has expired will be elected.
44 Each director so elected shall be a water user or a representative of a water
45 user within the district.
46 In any election for director, if after the deadline for filing a declara-
47 tion of intent as a write-in candidate, it appears that only one (1) qualified
48 candidate has been nominated for a directors position, it shall not be neces-
49 sary for the candidate to stand for election, and the board of directors of
50 the district shall declare such candidate elected as director and the secre-
51 tary of the district shall immediately make and deliver to such person a cer-
52 tificate of election.
16
1 SECTION 20. That Section 50-429, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 50-429. GENERAL AND SPECIAL CITY ELECTIONS. (1) A general election shall
4 be held in each city governed by this title, for officials as in this title
5 provided, on the Tuesday following the first Monday of November in each odd-
6 numbered year. All such officials shall be elected and hold their respective
7 offices for the term specified and until their successors are elected and
8 qualified. All other city elections that may be held under authority of gen-
9 eral law shall be known as special city elections.
10 (2) On and after January 1, 1994 2008, notwithstanding any other provi-
11 sions of law to the contrary, there shall be no more than four two (42) elec-
12 tions conducted in any city in any calendar year, except as provided in this
13 section.
14 (3) The dates on which elections may be conducted are:
15 (a) The first Tuesday in February of each year; and
16 (b) The fourth Tuesday in May of each year; and
17 (c) The first Tuesday in August of each year; and
18 (db) The Tuesday following the first Monday in November of each year.
19 (ec) In addition to the elections specified in subsections paragraphs (a)
20 through and (db) of this subsection (3), an emergency election may be
21 called upon motion of the city council of a city. An emergency exists when
22 there is a great public calamity, such as an extraordinary fire, flood,
23 storm, epidemic or other disaster, or if it is necessary to do emergency
24 work to prepare for a national or local defense, or it is necessary to do
25 emergency work to safeguard life, health or property. Such a special elec-
26 tion, if conducted by the city clerk, shall be conducted at the expense of
27 the political subdivision submitting the question.
28 (4) The secretary of state is authorized to provide such assistance as
29 necessary, and to prescribe any needed rules or interpretations for the con-
30 duct of elections authorized under the provisions of this section.
31 SECTION 21. That Section 50-803, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 50-803. TIME FOR HOLDING SPECIAL ELECTION ON PROPOSITION. Within ten (10)
34 days after the filing of such petition or resolution with the city clerk, the
35 mayor shall, by proclamation, establish a date for holding a special election
36 on the question of adopting the council-manager plan, such date to be deter-
37 mined as follows:
38 (1) when the petition or resolution is filed with the city clerk during a
39 year when no general city election is to be held, such election shall be held
40 within on the date authorized in section 50-429, Idaho Code, which is nearest
41 to but not less than sixty (60) days following filing of such petition or res-
42 olution;
43 (2) when the petition or resolution is filed with the city clerk during a
44 year when a general city election is to be held, such election shall be held
45 not less than sixty (60) days prior to on the date for holding general city
46 elections.
47 SECTION 22. That Section 50-806, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 50-806. ELECTION OF OFFICIALS FOLLOWING ADOPTION -- DETERMINING SUCCESS-
50 FUL CANDIDATES -- DESIGNATION OF SEATS. (1) When the proposition submitted to
17
1 the electors under section 50-803, subsection (1), Idaho Code, received a fav-
2 orable vote is held, officials shall be elected at a special the same
3 election, called for that purpose, to be held not more than sixty (60) days
4 following the date on during which the proposition was is submitted to the
5 voters; when the proposition submitted to the electors under section 50-803,
6 subsection (2), Idaho Code, received a favorable vote is held, officials shall
7 be elected at the succeeding same general city election. If any proposition
8 submitted to the electors under section 50-803, Idaho Code, fails to receive a
9 favorable vote, the election of officials at the same election shall be
10 declared null and void.
11 Determination of successful candidates at either a special or general
12 election shall be as herein provided: A. When the council is to consist of
13 five (5) members, the three (3) receiving the largest number of votes shall be
14 declared elected to serve four (4) year terms or so much thereof as remains,
15 and two (2) to serve two (2) year terms or so much thereof as remains; B. When
16 the council is to consist of seven (7) members, the four (4) receiving the
17 largest number of votes shall be declared elected to serve four (4) year terms
18 or so much thereof as remains, and three (3) to serve two (2) year terms or so
19 much thereof as remains. At each general city election thereafter, councilmen
20 shall be elected to fill the unexpired terms.
21 (2) By ordinance, the city may assign a number to each council seat. In
22 that event candidates will file for a designated seat and the candidate
23 receiving the largest number of votes for the seat he has filed for shall be
24 declared elected.
25 SECTION 23. That Section 50-2104, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 50-2104. JOINT SESSION -- RESOLUTION SPECIFYING TIME OF ELECTION. When a
28 majority of the governing bodies of each of the cities desires consolidation,
29 or petitions signed by the requisite number of qualified electors in each city
30 have been duly received and recorded by each city, a joint resolution signed
31 by the respective mayors, shall set a time for a special election to be held
32 in each of the cities desiring consolidation, which dates shall be on the date
33 authorized in section 50-429, Idaho Code, which is nearest to but is not less
34 than sixty (60) days nor more than ninety (90) days following such joint meet-
35 ing and which resolution shall be recorded in the record of proceeding of each
36 of the cities.
37 SECTION 24. That Section 50-2107, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 50-2107. ELECTION OF OFFICERS OF CONSOLIDATED CORPORATIONS. In the event
40 that the majority of the votes cast by the electors of each and all such cit-
41 ies proposed to be consolidated shall favor consolidation, and all other acts
42 and proceedings for consolidation of such cities into one (1) consolidated
43 corporation shall have been severally, duly and regularly done and performed
44 as hereinbefore provided, thereupon such city shall proceed to call a special
45 election to be held in all the cities so proposed to be consolidated for the
46 election of officers of the new corporation. Such election shall be held on
47 the date authorized in section 50-429, Idaho Code, which is nearest to, but
48 not less than sixty (60) days nor more than ninety (90) days after the filing
49 of such original abstract in the office of the secretary of state, provided,
50 that should the time for holding general city elections be within one hundred
51 twenty (120) days of the time as herein provided for holding said special
18
1 election, officials of the newly consolidated city shall be elected at said
2 general election.
3 SECTION 25. That Section 50-2302, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 50-2302. PETITION FOR ORGANIZATION UNDER GENERAL LAWS -- ELECTION. Upon
6 receipt of a petition signed by registered qualified electors equal in number
7 to twenty-five per cent percent (25%) of the total number of voters casting
8 ballots at the last preceding general city election, the governing body shall
9 by resolution issued within ten (10) days after filing of said petition, sub-
10 mit the question of organizing as a city, under this act chapter, and the gen-
11 eral laws of the state of Idaho, at a special election to be held, subject to
12 the provisions of section 50-429, Idaho Code, at the time specified therein,
13 and within which is nearest to sixty (60) days after said petition is filed.
14 SECTION 26. This act shall be in full force and effect on and after Janu-
15 ary 1, 2008.
STATEMENT OF PURPOSE
RS16913
The purpose of this proposal is to consolidate elections for
all purposes on two dates during the year.
It is recognized that voters have a hard time remembering
when they should plan on being at the polls to vote. Also, some
organizations have become very resourceful in encouraging voters
in favor of their position to attend the polls while ignoring
voters that may be in opposition to their position.
This legislation provides that all issues before the voters
shall be submitted either on the 4th Tuesday in May or the
Tuesday following the first Monday in November.
It is expected that providing consistency in the election
dates will increase voter participation.
FISCAL NOTE
None to the General Fund. Some savings on the local level
should result from fewer and consolidated elections.
Contact:
Name: Rep. Lake
Phone: 332-1000
Rep. Roberts
Rep. Moyle
STATEMENT OF PURPOSE/FISCAL NOTE H 196