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S1244......................................................by STATE AFFAIRS ELECTIONS - REGISTRATION - PRIMARY - Amends and adds to existing law relating to elections to revise provisions relating to the receipt of primary ballots; to revise provisions applicable to registration of electors; to revise provisions relating to application for registration; to provide for the designation or change of party affiliation status; to revise provisions relating to primary election ballots; to set forth provisions applicable to the eligibility to vote in primary elections; to revise provisions relating to applications for absentee ballots; and to revise provisions applicable to the issuance of absentee ballots. 03/26 Senate intro - 1st rdg - to printing Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1244 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 34-308, IDAHO CODE, TO REVISE PROVI- 3 SIONS RELATING TO THE RECEIPT OF PRIMARY BALLOTS; AMENDING SECTION 34-404, 4 IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO REGISTRATION OF ELECTORS; 5 AMENDING SECTION 34-406, IDAHO CODE, TO REMOVE A REFERENCE TO MAIL REGIS- 6 TRATION FORM, TO REVISE A CODE REFERENCE AND TO MAKE TECHNICAL CHANGES; 7 AMENDING SECTION 34-411, IDAHO CODE, TO REVISE PROVISIONS RELATING TO 8 APPLICATION FOR REGISTRATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING 9 CHAPTER 4, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-411A, 10 IDAHO CODE, TO PROVIDE FOR THE DESIGNATION OR CHANGE OF PARTY AFFILIATION 11 STATUS; AMENDING SECTION 34-904, IDAHO CODE, TO REVISE PROVISIONS RELATING 12 TO PRIMARY ELECTION BALLOTS; AMENDING CHAPTER 9, TITLE 34, IDAHO CODE, BY 13 THE ADDITION OF A NEW SECTION 34-904A, IDAHO CODE, TO SET FORTH PROVISIONS 14 APPLICABLE TO THE ELIGIBILITY TO VOTE IN PRIMARY ELECTIONS; AMENDING SEC- 15 TION 34-1002, IDAHO CODE, TO REVISE PROVISIONS RELATING TO APPLICATIONS 16 FOR ABSENTEE BALLOTS AND TO MAKE TECHNICAL CHANGES; AMENDING SECTION 17 34-1003, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE ISSUANCE OF 18 ABSENTEE BALLOTS. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 34-308, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 34-308. MAIL BALLOT PRECINCT. A precinct within the county which contains 23 no more than one hundred twenty-five (125) registered electors at the last 24 general election, may be designated by the board of county commissioners a 25 mail ballot precinct no later than April 1 in an even-numbered year. Such a 26 designation shall apply thereafter to all elections conducted within the pre- 27 cinct until revoked by the board of county commissioners. Having designated a 28 mail ballot precinct, there shall be no voting place established within the 29 precinct. Elections in a mail ballot precinct shall be conducted in a manner 30 consistent with absentee voting with the following special provisions. 31 (1) The clerk shall issue a ballot, by mail, to every registered voter in 32 a mail ballot precinct, and shall affix to the return envelope, postage suffi- 33 cient to return the ballot. 34 (2) The ballot shall be mailed no sooner than twenty-four (24) days prior 35 to the election day and no later than the fourteenth day prior to the elec- 36 tion. 37 (3) The clerk shall make necessary provisions to segregate mail ballot 38 precinct ballots by precinct, and for all purposes of the election, the pre- 39 cinct integrity shall be maintained. 40 (4) The clerk shall make available in the office of the clerk, registra- 41 tion on election day for any individual who is eligible to vote and who 42 resides in a mail ballot precinct and has not previously registered. The clerk 43 shall provide an official polling place in the office of the clerk and a qual- 2 1 ified elector who registers on election day and resides in a mail ballot pre- 2 cinct shall be allowed to vote at the office of the clerk. 3 (5) Electors who have designated a political party affiliation pursuant 4 to section 34-404, Idaho Code, shall receive the primary ballot for that party 5 pursuant to sections 34-904 and 34-904A, Idaho Code. 6 (6) In order to receive a political party's primary ballot, pursuant to 7 section 34-904A, Idaho Code, the county clerk shall mail a ballot request form 8 for the primary election ballot to the electors in a mail ballot precinct for 9 the electors to use in selecting the party ballot they choose to receive. If 10 an "independent" does not indicate a choice of political party's primary bal- 11 lot, the elector will receive a nonpartisan ballot. 12 SECTION 2. That Section 34-404, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 34-404. REGISTRATION OF ELECTORS. (1) All electors must register before 15 being able to vote at any primary, general, special, school or any other elec- 16 tion governed by the provisions of title 34, Idaho Code. Registration of a 17 qualified person occurs when a legible, accurate and complete registration 18 card is received in the office of the county clerk or is received at the polls 19 pursuant to section 34-408A, Idaho Code. 20 (2) Each elector may select on the registration card an affiliation with 21 a political party qualified to participate in elections pursuant to section 22 34-501, Idaho Code, or may select to be designated as an "independent." The 23 county clerk shall record the party affiliation or "independent" status so 24 selected as part of the elector's registration record. If an elector shall 25 fail or refuse to make such a selection, the county clerk shall enter on the 26 registration records that such an elector is "independent." 27 (3) In order to provide an elector with the appropriate primary ballot, 28 pursuant to section 34-904A, Idaho Code, the poll book for primary elections 29 shall include the party affiliation or status as an "independent" for each 30 elector so registered. The poll book shall also contain check off boxes for 31 "independent" electors by which such an elector will indicate for which 32 party's primary ballot such an "independent" elector chooses to vote, pursuant 33 to section 34-904A, Idaho Code. 34 (4) In order to provide electors who are already registered to vote as of 35 July 1, 2007, and who remain registered electors, with an opportunity to 36 select a party affiliation or to select their status as an "independent," the 37 poll book for the 2008 primary election shall include check off boxes by which 38 such electors can choose a party affiliation or choose to be designated as an 39 "independent." After the 2008 primary election, the county clerk shall record 40 the party affiliation or "independent" status so selected in the poll book as 41 part of such an elector's record within the voter registration systems as pro- 42 vided for in section 34-437A, Idaho Code. 43 (5) In order to provide electors who did not vote in the 2008 primary 44 election and who were already registered to vote as of July 1, 2007, and who 45 remain registered electors, with an opportunity to select a party affiliation 46 or to select their status as an "independent," the poll book for the 2010 pri- 47 mary election shall include check off boxes by which such electors can choose 48 a party affiliation or choose to be designated as an "independent." After the 49 2010 primary election, the county clerk shall record the party affiliation or 50 "independent" status so selected in the poll book as part of such an elector's 51 record within the voter registration systems as provided for in section 52 34-437A, Idaho Code. 53 (6) After the 2010 primary election, electors who were registered to vote 3 1 as of July 1, 2007, who remain registered voters and who did not vote in 2 either the 2008 or 2010 primary elections shall be designated as 3 "independents" and the county clerk shall record that designation for each 4 such elector within the voter registration systems as provided for in section 5 34-437A, Idaho Code. 6 SECTION 3. That Section 34-406, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 34-406. APPOINTMENT OF REGISTRARS. (1) The county clerk shall provide for 9 voter registration in the clerk's office and may appoint registrars to assist 10 in voter registration throughout the county. 11 (2) The county clerk shall provide all political parties within the 12 county with a supply of the01, Idaho Code. 14 SECTION 4. That Section 34-411, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 34-411. APPLICATION FOR REGISTRATION -- CONTENTS. (1) Each elector who 17 requests registration shall supply the following information under oath or 18 affirmation: 19 (a)His fFull name and sex. 20 (b)His mMailing address,hisresidence address or any other necessary 21 information definitely locatinghisthe elector's residence. 22 (c) The period of time preceding the date of registration during whichhe23 the elector has resided in the state. 24 (d) Whether or nothethe elector is a citizen. 25 (e) Thathethe elector is under no legal disqualifications to vote. 26 (f) The county and state wherehethe elector was previously registered, 27 if any. 28 (g) Date of birth. 29 (h) Current driver's license number or, in the absence of an Idaho dri- 30 ver's license, the last four (4) digits of the elector's social security 31 number. 32 (2) Each elector may select an affiliation with a political party quali- 33 fied to participate in elections pursuant to section 34-501, Idaho Code, or 34 select to be designated as an "independent." That selection of party affilia- 35 tion or status as an "independent" shall be maintained within the voter regis- 36 tration systems as provided for in section 34-437A, Idaho Code. If an elector 37 shall fail or refuse to make such a selection, the county clerk shall record 38 as "independent" such an elector within the voter registration systems as pro- 39 vided for in section 34-437A, Idaho Code. 40 (3) Any elector who shall supply any information under subsection (1) of 41 this section, knowing it to be false, is guilty of perjury. 42 (34) Each elector who requests registration may, at the elector's option, 43 supply thetheelector's telephone number. If the telephone number is supplied 44 by the elector, the telephone number shall be available to the public. 45 SECTION 5. That Chapter 4, Title 34, Idaho Code, be, and the same is 46 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 47 ignated as Section 34-411A, Idaho Code, and to read as follows: 48 34-411A. DESIGNATING OR CHANGING PARTY AFFILIATION. Any elector may des- 49 ignate or change such an elector's political party affiliation or status as an 4 1 "independent" elector by filing a signed form with the county clerk or the 2 poll worker on election day. The application form provided in Section 34-1002, 3 Idaho Code, shall also be used for this purpose. 4 SECTION 6. That Section 34-904, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 34-904. PRIMARY ELECTION BALLOTS. (1) There shall be asingleseparate 7 primary election balloton which the complete ticket offor each political 8 party upon which only its ticket shall be printed; however, a county may use a 9 separate ballot for the office of precinct committeeman.Each political ticket10shall be separated from the others by a perforated line that will enable the11elector to detach the ticket of the political party voted from those remain-12ing.All candidates who have filed their declarations of candidacy and are 13 subsequently certified shall be listed under the proper office titles on their 14 political party ticket. The secretary of state shall design the primary elec- 15 tion ballot to allow for write-in candidates under each office title. 16 (2) The office titles shall be listed in order beginning with the highest 17 federal office and ending with precinct offices. The secretary of state has 18 the discretion and authority to arrange the classifications of offices as pro- 19 vided by law. 20 (3) It is not necessary to print a primary ballot for a political party 21 which does not have candidates for more than half of the federal or statewide 22 offices on the ballot if no more than one (1) candidate files for nomination 23 by that party for any of the offices on the ballot. The secretary of state 24 shall certify that no primary election is necessary for that party if such is 25 the case and shall certify to the county clerk the names of candidates for 26 that party for the general election ballot only. 27 SECTION 7. That Chapter 9, Title 34, Idaho Code, be, and the same is 28 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 29 ignated as Section 34-904A, Idaho Code, and to read as follows: 30 34-904A. ELIGIBILITY TO VOTE IN PRIMARY ELECTIONS. (1) An elector who has 31 designated a party affiliation shall be allowed to vote only in the primary 32 election of the political party for which such an elector is so registered. 33 (2) An elector registered as an "independent" shall be allowed to vote in 34 the primary election of such an elector's choice. "Independent" electors shall 35 designate in which political party's primary election they choose to vote by 36 checking a box in the poll book pursuant to section 34-404, Idaho Code. Having 37 made such a choice, an elector registered as an "independent" shall not be 38 able to vote in the primary election of any other party held on that primary 39 election date. If an "independent" elector does not indicate a choice of 40 political party's primary ballot or an elector fails or refuses to select a 41 political party affiliation or status as an "independent," the elector shall 42 not be able to vote in any political party's primary election but shall 43 receive a nonpartisan ballot. Nothing in this section shall be construed to 44 prohibit an elector registered as an "independent" from voting in the primary 45 election of a different party held in subsequent years. 46 SECTION 8. That Section 34-1002, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 34-1002. APPLICATION FOR ABSENTEE BALLOT. (1) Any registered elector may 49 make written application to the county clerk, or other proper officer charged 5 1 by law with the duty of issuing official ballots for such election, for an 2 official ballot or ballots of the kind or kinds to be voted at the election. 3 The application shall contain the name of the elector, his home address, 4 county, and address to which such ballot shall be forwarded. In the case of an 5 "independent" elector requesting a ballot for a primary election, such an 6 elector shall designate in writing which political party's ballot the elector 7 chooses. If an "independent" does not indicate a choice of political party's 8 primary ballot, the elector will receive a nonpartisan ballot. 9 (2) The application for an absent elector's ballot shall be signed per- 10 sonally by the applicant. The application for a mail-in absentee ballot shall 11 be received by the county clerk not later than 5:00 p.m. on the sixth day 12 before the election. An application for in person absentee voting at the 13 absent elector's polling place described in section 34-1006, Idaho Code, shall 14 be received by the county clerk not later than 5:00 p.m. on the day before the 15 election. Application for an absentee ballot may be made by using a facsimile 16 machine. In the event a registered elector is unable to vote in person at his 17 designated polling place on the day of election because of an emergency situa- 18 tion which rendered him physically unable, he may nevertheless apply for an 19 absent elector's ballot on the day of election by notifying the county clerk. 20 No person, may, however, be entitled to vote under an emergency situation 21 unless the situation claimed rendered him physically unable to vote at his 22 designated polling place within forty-eight (48) hours prior to the closing of 23 the polls. 24 (3) A person may make application for an absent elector's ballot by use 25 of a properly executed federal postcard application as provided for in the 26 laws of the United States known as Uniformed and Overseas Citizens Absentee 27 Voting Act (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed federal 28 postcard application (F.P.C.A.), shall be considered as a request for an 29 absent elector's ballot through the next two (2) regularly scheduled general 30 elections for federal office following receipt of the application. The issuing 31 officer shall keep as a part of the records of his office a list of all appli- 32 cations so received and of the manner and time of delivery or mailing to and 33 receipt of returned ballot. 34 (4) The county clerk shall, not later than seventy-five (75) days after 35 the date of each general election, submit a report to the secretary of state 36 containing information concerning absentee voters as required by federal law. 37 SECTION 9. That Section 34-1003, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 34-1003. ISSUANCE OF ABSENTEE BALLOT. (1) Upon receipt of an application 40 for an absent elector's ballot within the proper time, the county clerk 41 receiving it shall examine the records of his office to ascertain whether or 42 not such applicant is registered and lawfully entitled to vote as requested 43 and, if found to be so, he shall arrange for the applicant to vote by absent 44 elector's ballot. 45 (2) In the case of requests for primary ballots: 46 (a) An elector who has designated a political party affiliation shall 47 receive a primary ballot for that political party. 48 (b) An "independent" elector shall receive the primary ballot for the 49 political primary which the elector designated in the elector's applica- 50 tion for an absentee ballot pursuant to section 34-1002, Idaho Code. 51 (c) If an "independent" does not indicate a choice of political party's 52 primary ballot, the elector will receive a nonpartisan ballot. 53 (3) The absentee ballot may be delivered to the absent elector in the 6 1 office of the county clerk, by postage prepaid mail or by other appropriate 2 means, including use of a facsimile machine. A political party may supply a 3 witness to accompany the clerk in the personal delivery of an absentee ballot. 4 (4) If the political party desires to supply a witness it shall be the 5 duty of the political party to supply the names of such witnesses to the clerk 6 no later than forty-five (45) days prior to the election. The clerk shall 7 notify such witnesses of the date and approximate hour the clerk or deputy 8 clerk intends to deliver the ballot. A candidate for public office or a spouse 9 of a candidate for public office shall not be a witness in the personal deliv- 10 ery of absentee ballots. 11 (5) An elector physically unable to mark his own ballot may receive 12 assistance in marking such ballot from the officer delivering same or an 13 available person of his own choosing. In the event the election officer is 14 requested to render assistance in marking an absent elector's ballot, the 15 officer shall ascertain the desires of the elector and shall vote the 16 applicant's ballot accordingly. When such ballot is marked by an election 17 officer, the witnesses on hand shall be allowed to observe such marking. No 18 county clerk, deputy, or other person assisting a disabled voter shall attempt 19 to influence the vote of such elector in any manner.
STATEMENT OF PURPOSE RS 17198C2 This legislation amends Idaho's election code to provide for modified closed primary elections. It enables voters to select an affiliation with a political party or to select designation as an "independent." A voter who has selected a party affiliation can vote only in the primary for that party. An "independent" voter can vote in the primary of his or her choice. Voters who do not select a party affiliation or designation as an "independent" will be registered as an "independent" and will be able to vote in the primary of their choice. FISCAL NOTE The fiscal impact of this legislation would be $250,000 to be appropriated to the Secretary of State for implementation costs to be used for public outreach and county election costs as determined by the Secretary of State after consultation with the county clerks. Contact Name: J. Kirk Sullivan, GOP Chairman Keith Allred, President, The Common Interst Rep. Marv Hagedorn Rep. Raul Labrador Phone: 208-860-8289 STATEMENT OF PURPOSE/FISCAL NOTE S 1244