Print Friendly SENATE BILL NO. 1244 – Elections, primary, registration
SENATE BILL NO. 1244
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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 - 2007
IN 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-
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-
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
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 the mail registration form prescribed in section
13 34-41 01, 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
19 (a) His fFull name and sex.
20 (b) His mMailing address, his residence address or any other necessary
21 information definitely locating his the elector's residence.
22 (c) The period of time preceding the date of registration during which he
23 the elector has resided in the state.
24 (d) Whether or not he the elector is a citizen.
25 (e) That he the elector is under no legal disqualifications to vote.
26 (f) The county and state where he the 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
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 the the elector'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
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 a single separate
7 primary election ballot on which the complete ticket of for 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 ticket
10 shall be separated from the others by a perforated line that will enable the
11 elector to detach the ticket of the political party voted from those remain-
12 ing. 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
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
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
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.
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
Name: J. Kirk Sullivan, GOP Chairman
Keith Allred, President, The Common Interst
Rep. Marv Hagedorn
Rep. Raul Labrador
STATEMENT OF PURPOSE/FISCAL NOTE S 1244