Print Friendly HOUSE BILL NO. 185 – Elector, registratn, select party
HOUSE BILL NO. 185
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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 - 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
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
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 34-41 01, 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
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
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"
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.
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
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
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.
There is no fiscal impact to the General Fund.
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
STATEMENT OF PURPOSE/FISCAL NOTE H 185