2007 Legislation
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HOUSE BILL NO. 185 – Elector, registratn, select party

HOUSE BILL NO. 185

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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 the mail registration form prescribed requiring 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,  his residence address or any other necessary
 32        information definitely locating his the elector's residence.
 33        (c)  The period of time preceding the date of registration during which he
 34        the elector has resided in the state.
 35        (d)  Whether or not he the elector is a citizen.
 36        (e)  That he the elector is under no legal disqualifications to vote.
 37        (f)  The county and state where he the 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 the the elector'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 a single  separate  pri-
  4    mary  election ballot on which the complete ticket of for 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  ticket
  7    shall  be  separated from the others by a perforated line that will enable the
  8    elector to detach the ticket of the political party voted from those remaining
  9    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 / Fiscal Impact



                       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