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H0185......................................................by STATE AFFAIRS ELECTIONS - Amends existing law to provide for elector selection of political party on the registration card; to provide for duties of the county clerk if such selection is not made; to provide for eligibility to vote in primary and nonpartisan elections; to provide procedure for qualified political parties to permit an elector designated as an independent to vote in that party's primary election; and to provide for information to be supplied by an elector who requests registration. 02/13 House intro - 1st rdg - to printing 02/14 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 185 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 34-404, IDAHO CODE, TO PROVIDE FOR 3 ELECTOR SELECTION OF POLITICAL PARTY ON THE REGISTRATION CARD, TO PROVIDE 4 FOR DUTIES OF THE COUNTY CLERK IF SUCH SELECTION IS NOT MADE AND TO PRO- 5 VIDE FOR ELIGIBILITY TO VOTE IN PRIMARY AND NONPARTISAN ELECTIONS; AMEND- 6 ING CHAPTER 4, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7 34-404A, IDAHO CODE, TO PROVIDE PROCEDURES FOR QUALIFIED POLITICAL PARTIES 8 TO PERMIT ELECTORS DESIGNATED AS INDEPENDENTS TO VOTE IN THAT PARTY'S PRI- 9 MARY ELECTION; AMENDING SECTION 34-406, IDAHO CODE, TO PROVIDE CORRECT 10 TERMINOLOGY AND TO REVISE A CODE REFERENCE; AMENDING SECTION 34-411, IDAHO 11 CODE, TO PROVIDE FOR INFORMATION TO BE SUPPLIED BY AN ELECTOR WHO REQUESTS 12 REGISTRATION, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL COR- 13 RECTION; AMENDING SECTION 34-904, IDAHO CODE, TO PROVIDE FOR PRIMARY ELEC- 14 TION PROCEDURE; AND TO PROVIDE SEVERABILITY. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 34-404, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 34-404. REGISTRATION OF ELECTORS. All electors must register before being 19 able to vote at any primary, general, special, school or any other election 20 governed by the provisions of title 34, Idaho Code. Registration of a quali- 21 fied person occurs when a legible, accurate and complete registration card is 22 received in the office of the county clerk or is received at the polls pursu- 23 ant to section 34-408A, Idaho Code. Each elector must select on the registra- 24 tion card the name of the political party in whose primary election the elec- 25 tor intends to vote. The county clerk shall record the party so selected as 26 part of the elector's registration record. If an elector shall fail or refuse 27 to make such selection, the county clerk shall enter on the registration 28 records that such voter is an "independent." An elector shall be able to vote 29 only in the primary election of the political party for which the elector is 30 so registered. Unless authorized under section 34-404A, Idaho Code, an elector 31 registered as "independent" shall not be eligible to vote in a party primary 32 election, but shall be eligible to vote in any other nonpartisan elections 33 held at the same time. 34 SECTION 2. That Chapter 4, Title 34, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 36 ignated as Section 34-404A, Idaho Code, and to read as follows: 37 34-404A. PARTICIPATION BY INDEPENDENTS. (1) A political party qualified 38 to participate in elections pursuant to section 34-501, Idaho Code, may permit 39 a registered voter designated as an "independent" pursuant to section 34-404, 40 Idaho Code, to vote in a primary election of that party. 41 (2) The state chairman of the political party shall, between November 1 2 1 and November 30 of every odd-numbered year, notify the secretary of state as 2 to whether the political party intends to permit a registered voter designated 3 as "independent" to vote in a primary election of that party. If the state 4 chairman notifies the secretary of state of the political party's intention to 5 so permit, a registered voter designated as "independent" shall be permitted 6 to vote in any primary election of that party held in the following two (2) 7 calendar years. If the state chairman of one (1) political party notifies the 8 secretary of state of that party's intent to so permit, the notification 9 period specified in this subsection (2) shall be extended to December 15 for 10 the state chairman of any other political party to so notify or change a prior 11 notification. 12 (3) A registered voter designated as an "independent" shall not be per- 13 mitted to vote in a primary election of more than one (1) political party. 14 (4) Failure of the state chairman of a political party to notify the sec- 15 retary of state pursuant to subsection (2) of this section is an election not 16 to allow "independents" to vote in a primary election of that party. 17 SECTION 3. That Section 34-406, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 34-406. APPOINTMENT OF REGISTRARS. The county clerk shall provide for 20 voter registration in the clerk's office and may appoint registrars to assist 21 in voter registration throughout the county. 22 The county clerk shall provide all political parties within the county 23 with a supply of theprescribedrequiring information 24 as described in section 34-4101, Idaho Code. 25 SECTION 4. That Section 34-411, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 34-411. APPLICATION FOR REGISTRATION -- CONTENTS. (1) Each elector who 28 requests registration shall supply the following information under oath or 29 affirmation: 30 (a)His fFull name and sex. 31 (b)His mMailing address,hisresidence address or any other necessary 32 information definitely locatinghisthe elector's residence. 33 (c) The period of time preceding the date of registration during whichhe34 the elector has resided in the state. 35 (d) Whether or nothethe elector is a citizen. 36 (e) Thathethe elector is under no legal disqualifications to vote. 37 (f) The county and state wherehethe elector was previously registered, 38 if any. 39 (g) Date of birth. 40 (h) Current driver's license number or, in the absence of an Idaho dri- 41 ver's license, the last four (4) digits of the elector's social security 42 number. 43 (i) Selection of the name of the political party in whose primary elec- 44 tion the elector intends to vote or the selection as an "independent" 45 elector. 46 (2) Any elector who shall supply any information under subsection (1) of 47 this section, knowing it to be false, is guilty of perjury. 48 (3) Each elector who requests registration may, at the elector's option, 49 supply thetheelector's telephone number. If the telephone number is supplied 50 by the elector, the telephone number shall be available to the public. 3 1 SECTION 5. That Section 34-904, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 34-904. PRIMARY ELECTION BALLOTS. There shall be asingleseparate pri- 4 mary election balloton which the complete ticket offor each political party 5 upon which only its ticket shall be printed; however, a county may use a sepa- 6 rate ballot for the office of precinct committeeman.Each political ticket7shall be separated from the others by a perforated line that will enable the8elector to detach the ticket of the political party voted from those remaining9 The county clerk, or his authorized agents whose duty it is to deliver an 10 unmarked ballot to an elector, shall deliver only the ballot of the political 11 party previously selected by the elector as provided in sections 34-404 and 12 34-411, Idaho Code. All candidates who have filed their declarations of candi- 13 dacy and are subsequently certified shall be listed under the proper office 14 titles on their political party ticket. The secretary of state shall design 15 the primary election ballot to allow for write-in candidates under each office 16 title. 17 The office titles shall be listed in order beginning with the highest fed- 18 eral office and ending with precinct offices. The secretary of state has the 19 discretion and authority to arrange the classifications of offices as provided 20 by law. 21 It is not necessary to print a primary ballot for a political party which 22 does not have candidates for more than half of the federal or statewide offi- 23 ces on the ballot if no more than one (1) candidate files for nomination by 24 that party for any of the offices on the ballot. The secretary of state shall 25 certify that no primary election is necessary for that party if such is the 26 case and shall certify to the county clerk the names of candidates for that 27 party for the general election ballot only. 28 SECTION 6. SEVERABILITY. The provisions of this act are hereby declared 29 to be severable and if any provision of this act or the application of such 30 provision to any person or circumstance is declared invalid for any reason, 31 such declaration shall not affect the validity of the remaining portions of 32 this act.
STATEMENT OF PURPOSE RS 16993 This legislation amends Idaho's election code to provide for semi- open Primary Elections. It enables citizen association of their chosen party affiliation for the purpose of participation in the nomination elections for that party. It allows parties the choice of allowing "Independent" electors to participate within their Primary nominating process. This amendment also ensures those electors, that choose to be "Independent", can also participate in all non-partisan elections during the Primary election period. It provides for changes of state agency duties and responsibility to enable elector association. It defines simplified opt out provisions for electors and political parties and cleans up some technical language within the existing code. FISCAL IMPACT There is no fiscal impact to the General Fund. Contact Name: Speaker Lawerence Denny Rep. Steve Thayn Rep. Mike Moyle Rep. Steve Kren Rep. Scott Bedke Rep. Brent Crane Rep. Ken Roberts Rep. Cliff Bayer Rep. Marv Hagedorn Rep. Phil Hart Rep. Raul Labrador Rep. John Vander Woude Rep. Russ Mathews Rep. Bob Nonini Rep. Ken Andrus Rep. Dick Harwood Rep. Carlos Bilbao Rep. Janice McGeachin Rep. Lenore Barrett Rep. Paul Shepherd Rep. Peter Nielsen Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 185