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H0094......................................................by STATE AFFAIRS ELECTIONS - VOTE BY MAIL - Amends and adds to existing law to provide for board of county commissioner authorization of vote by mail; to provide specific elections required or eligible to be conducted by mail; to provide procedures for conducting elections by mail; to provide procedures for the ordering of candidate names on the vote by mail ballot; to provide for the applicability of other laws; and to provide for city council authorization of vote by mail subject to specified Idaho law. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to St Aff 02/15 Rpt out - rec d/p - to 2nd rdg 02/16 Ret'd to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 94 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW 3 CHAPTER 26, TITLE 34, IDAHO CODE, TO PROVIDE FOR BOARD OF COUNTY COMMIS- 4 SIONER AUTHORIZATION OF VOTE BY MAIL, TO SPECIFY ELECTIONS REQUIRED OR 5 ELIGIBLE TO BE CONDUCTED BY MAIL, TO PROVIDE PROCEDURES FOR CONDUCTING 6 ELECTIONS BY MAIL, TO PROVIDE PROCEDURES FOR THE ORDERING OF CANDIDATE 7 NAMES ON THE VOTE BY MAIL BALLOT AND TO PROVIDE FOR THE APPLICABILITY OF 8 OTHER LAWS; AND AMENDING SECTION 50-429, IDAHO CODE, TO PROVIDE FOR CITY 9 COUNCIL AUTHORIZATION OF VOTE BY MAIL SUBJECT TO SPECIFIED IDAHO LAW AND 10 TO MAKE TECHNICAL CORRECTIONS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Title 34, Idaho Code, be, and the same is hereby amended 13 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 14 ter 26, Title 34, Idaho Code, and to read as follows: 15 CHAPTER 26 16 VOTE BY MAIL 17 34-2601. AUTHORIZATION BY BOARD OF COUNTY COMMISSIONERS. With express 18 authorization from the board of county commissioners, the clerk of the county 19 board of commissioners shall conduct all primary, special, and general elec- 20 tions entirely by a vote by mail system. The board of county commissioners 21 shall give the county clerk at least ninety (90) days' notice before the first 22 election to be conducted entirely by mail. If the board of county commission- 23 ers, after consultation with the county clerk, decides to return to a polling 24 place election environment, the board of county commissioners shall give the 25 county clerk at least ninety (90) days' notice before the first election to be 26 conducted using polling places. Authorization under this section shall apply 27 to all primary, special, and general elections conducted by the county clerk 28 and in accordance with section 34-1401, Idaho Code. 29 34-2602. ELECTIONS REQUIRED OR ELIGIBLE. (1) Once designated by the board 30 of county commissioners, primary and general elections shall be conducted by 31 mail. 32 (2) Any election held pursuant to the provisions of section 34-1401, 33 Idaho Code, may be conducted by mail if so designated by the governing board 34 of the jurisdiction. 35 34-2603. PROCEDURES. (1) A vote by mail election shall be conducted as 36 provided in this section. 37 (2) At a minimum, the places designated under this section shall be open 38 on the date of the election for a period of eight (8) hours, but must be open 39 until at least 8:00 p.m. local time. At each place of deposit designated under 40 this section, the county clerk shall prominently display a sign stating that 2 1 the location is an official ballot drop site. 2 (3) (a) Except as provided in paragraph (b) of this subsection, the 3 county clerk shall mail by nonforwardable mail an official ballot with a 4 return identification envelope and a secrecy envelope not sooner than the 5 eighteenth day before the date of a vote by mail election and not later 6 than the fourteenth day before the date of the election, to every regis- 7 tered voter. 8 (b) Notwithstanding paragraph (a) of this subsection, in the case of bal- 9 lots to be mailed to addresses outside this state, the county clerk shall 10 follow the provisions of chapter 10, title 34, Idaho Code, regarding 11 absentee voting. 12 (4) Election day registration shall be made available for each elector 13 who completes a voter registration in accordance with section 34-408(3), Idaho 14 Code. The county clerk shall make available to the registrant the official 15 ballot, the return identification envelope and the secrecy envelope at the 16 county clerk's office or at another place designated by the county. 17 (5) Upon receipt of any ballot described in this section, the elector 18 shall mark the ballot, sign the return identification envelope supplied with 19 the ballot and comply with the instructions provided with the ballot. The 20 elector may return the marked ballot to the county clerk by United States mail 21 or by depositing the ballot at the office of the county clerk or at any place 22 of deposit designated by the county. The ballot must be returned in the return 23 identification envelope. If the elector returns the ballot by mail, the elec- 24 tor must provide the proper postage. A ballot must be received at the office 25 of the county clerk or a designated place of deposit not later than the 8:00 26 p.m. local time on the date of the election. 27 (6) An elector may obtain a replacement ballot if the ballot is 28 destroyed, spoiled, lost or not received by the elector. Replacement ballots 29 shall be issued and processed as described in this section. The county clerk 30 shall keep a record of each replacement ballot provided under this subsection. 31 Notwithstanding any deadline for mailing ballots in subsection (3) or (4) of 32 this section, a replacement ballot may be mailed, made available in the office 33 of the county clerk or at a location designated by the county. A replacement 34 ballot need not be mailed after the fifth day before the date of the election. 35 (7) A ballot shall be counted only if: 36 (a) It is returned in the return identification envelope; 37 (b) The envelope is signed by the elector to whom the ballot is issued; 38 and 39 (c) The signature is verified as provided in subsection (8) of this sec- 40 tion. 41 (8) The county clerk shall verify the signature of each elector on the 42 return identification envelope with the signature on the elector's registra- 43 tion card, according to the procedure provided by rules adopted by the secre- 44 tary of state. If the county clerk determines that an elector to whom a 45 replacement ballot has been issued has voted more than once, the county clerk 46 shall count only one (1) ballot cast by that elector. 47 (9) The county clerk shall begin official processing of returned ballots 48 in a vote by mail system including opening of both the outer envelope and the 49 inner secrecy envelope and removing the ballot from the envelope no earlier 50 than five (5) working days before the election. However, no ballots shall be 51 actually counted until the day of the election. The county clerk shall be 52 responsible for ensuring the security of the ballots at all times, including 53 restriction of access to any areas where ballots are stored or counted. 54 (10) The requirements regarding certification, reporting and the mailing 55 of overseas and military ballots apply to elections conducted by mail ballot. 3 1 (11) Ballots shall be counted in a manner consistent with the provisions 2 of chapters 12, 23 and 24, title 34, Idaho Code. 3 34-2604. ORDER OF CANDIDATES NAMES ON THE BALLOT. (1) Not later than the 4 sixty-ninth day before the date of any election held by vote by mail process, 5 the secretary of state shall complete a random ordering of the letters of the 6 alphabet. 7 (2) Not later than the sixty-eighth day before the date of any election 8 held by vote by mail, the secretary of state shall communicate to each county 9 clerk a copy of the random ordering of the letters of the alphabet. 10 (3) The county clerk shall arrange by surname the names of the candidates 11 on the ballot or ballot label in the random order of the letters of the alpha- 12 bet completed by the secretary of state under subsection (1) of this section. 13 34-2605. APPLICABILITY OF OTHER LAWS. All election laws, including, but 14 not limited to, bond election laws, city charters or ordinances, not inconsis- 15 tent with this chapter, shall apply to all elections in election precincts 16 where vote by mail systems are used. No provision of law or ordinance, which 17 in any way conflicts with this chapter or with the use of vote by mail systems 18 as provided in this chapter, shall operate to prohibit use of vote by mail 19 systems in any election or bond issue election. 20 SECTION 2. That Section 50-429, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 50-429. GENERAL AND SPECIAL CITY ELECTIONS. (1) A general election shall 23 be held in each city governed by this title, for officials as in this title 24 provided, on the Tuesday following the first Monday of November in each odd- 25 numbered year. All such officials shall be elected and hold their respective 26 offices for the term specified and until their successors are elected and 27 qualified. All other city elections that may be held under authority of gen- 28 eral law shall be known as special city elections. 29 (2) With express authorization from the city council and subject to the 30 provisions of chapter 26, title 34, Idaho Code, the city clerk shall conduct 31 all primary, special and general elections entirely by a vote by mail system. 32 The city council shall give the city clerk at least ninety (90) days' notice 33 before the first election to be conducted entirely by mail. If the city coun- 34 cil decides to return to a polling place election environment, the city coun- 35 cil shall give the city clerk at least ninety (90) days' notice before the 36 first election to be conducted using polling places. If a city chooses to have 37 the county conduct any general or special election for it and if that county 38 has adopted a vote by mail system pursuant to chapter 26, title 34, Idaho 39 Code, the city election shall be conducted by mail ballot. 40 (3) On and after January 1, 1994, notwithstanding any other provisions of 41 law to the contrary, there shall be no more than four (4) elections conducted 42 in any city in any calendar year, except as provided in this section. 43 (34) The dates on which elections may be conducted are: 44 (a) The first Tuesday in February of each year; and 45 (b) The fourth Tuesday in May of each year; and 46 (c) The first Tuesday in August of each year; and 47 (d) The Tuesday following the first Monday in November of each year. 48 (e) In addition to the elections specified insubsectionsparagraphs (a) 49 through (d) of this subsection, an emergency election may be called upon 50 motion of the city council of a city. An emergency exists when there is a 51 great public calamity, as an extraordinary fire, flood, storm, epidemic or 4 1 other disaster, or if it is necessary to do emergency work to prepare for 2 a national or local defense, or it is necessary to do emergency work to 3 safeguard life, health or property. Such a special election, if conducted 4 by the city clerk, shall be conducted at the expense of the political sub- 5 division submitting the question. 6 (45) The secretary of state is authorized to provide such assistance as 7 necessary, and to prescribe any needed rules or interpretations for the con- 8 duct of elections authorized under the provisions of this section.
STATEMENT OF PURPOSE RS 16790 This legislation provides an option for county commissioners to adopt a vote-by-mail election system in their county that would apply to all primary, general, and special elections. Ballots would be mailed to all registered voters. However, some polling locations would be available for those wishing to make a physical appearance at the polls, or for those exercising same day registration. Mail-in-ballots would contain a ballot, a return signature verification envelope, and a secrecy envelope. The signature on the return envelope will be verified with the signature on the elector's registration card. No ballots will be counted until Election Day. Vote-by-mail would be available to all taxing districts, except school districts, upon approval of their respective governing boards. If taxing districts contract with a vote-by-mail county for their election, it will be conducted by mail. Currently, all counties utilize absentee voting and nine (9) counties utilize the mail ballot precinct law. Voter participation is greater in these precincts as compared to the turnout county-wide. To date, no complaints of fraud in the mail ballot precincts have been filed in Idaho. FISCAL IMPACT There will be no fiscal impact to the General Fund. The impact to local government will be determined on a county-by-county basis for those counties who choose the vote-by-mail option. CONTACT Names: Daniel G. Chadwick, Idaho Association of Counties Tony Poinelli Kelci Karl-Robinson Kerry Ellen Elliott Phone: (208) 345-9126 STATEMENT OF PURPOSE/FISCAL NOTE H 94