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H0214......................................................by STATE AFFAIRS
ELECTION LAW - Amends, adds to and repeals existing law to revise the crime
of electioneering at the polls; to provide procedures of a candidate not
placed on the ballot; to repeal law relating to congressional term limits;
to revise procedures for absentee ballots; to revise requirements for
initiative or referendum petitions; to provide for certification of voting
machines; to revise provisions relating to city elections; to revise
provisions relating to poll watchers or challengers; to revise procedures
relating to return of absentee ballots; to revise provisions relating to
the manner of voting; to provide application of the state sunshine law to
certain city elections; and to revise application of the municipal election
law relating to whether cities should be consolidated.
02/20 House intro - 1st rdg - to printing
02/21 Rpt prt - to St Aff
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Jaquet,
Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker,
Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail,
Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Clark, Edmunson, Harwood, Henderson, Nonini
Floor Sponsor - Rusche
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to St Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
Siddoway, Stegner, Werk
NAYS -- None
Absent and excused -- Gannon, Malepeai, Stennett
Floor Sponsor - McKenzie
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/27 Governor signed
Session Law Chapter 202
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 214
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO MISCELLANEOUS PROVISIONS OF MUNICIPAL AND GENERAL ELECTION LAWS;
3 AMENDING SECTION 18-2318, IDAHO CODE, TO REVISE THE CRIME OF ELECTIONEER-
4 ING AT THE POLLS; AMENDING SECTION 34-732, IDAHO CODE, TO PROVIDE PROCE-
5 DURES FOR A CANDIDATE NOT PLACED ON THE BALLOT BY THE SECRETARY OF STATE
6 TO FILE A DECLARATION OF CANDIDACY ACCOMPANIED BY A FEE AND TO MAKE TECH-
7 NICAL CORRECTIONS; REPEALING SECTIONS 34-907A AND 34-907B, IDAHO CODE,
8 RELATING TO INFORMATION ON LEGISLATORS' SUPPORT FOR CONGRESSIONAL TERM
9 LIMITS AMENDMENT AND RELATING TO A TERM LIMITS PLEDGE; AMENDING SECTION
10 34-1005, IDAHO CODE, TO REVISE PROCEDURES FOR RETURN OF AN ABSENTEE BALLOT
11 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 34-1007, IDAHO CODE,
12 TO REVISE PROCEDURES FOR TRANSMISSION OF ABSENTEE BALLOTS TO THE POLLS AND
13 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 34-1107, IDAHO CODE, TO
14 REVISE THE MANNER OF VOTING; AMENDING SECTION 34-1805, IDAHO CODE, TO
15 DELETE CERTAIN REQUIREMENTS FOR INITIATIVE OR REFERENDUM PETITIONS;
16 AMENDING SECTION 34-2409, IDAHO CODE, TO PROVIDE FOR CERTIFICATION OF VOT-
17 ING MACHINES OR VOTE TALLY SYSTEMS BY THE FEDERAL ELECTION ASSISTANCE COM-
18 MISSION; REPEALING SECTION 50-211, IDAHO CODE, RELATING TO SUPERVISION OF
19 CITY ELECTIONS; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION
20 OF A NEW SECTION 50-211, IDAHO CODE, TO PROVIDE FOR SUPERVISION OF CITY
21 ELECTIONS BY THE CITY COUNCIL; AMENDING SECTION 50-403, IDAHO CODE, TO
22 PROVIDE PROCEDURE IN THE EVENT A NATIONAL OR LOCAL EMERGENCY OR OTHER SIT-
23 UATION MAKES COMPLIANCE WITH MUNICIPAL ELECTION LAWS IMPOSSIBLE OR UNREA-
24 SONABLE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-410, IDAHO
25 CODE, TO REVISE THE LAW REGARDING POLL WATCHERS OR CHALLENGERS AND TO MAKE
26 A TECHNICAL CORRECTION; AMENDING SECTION 50-447, IDAHO CODE, TO REVISE THE
27 PROCEDURE FOR RETURN OF AN ABSENTEE BALLOT AND TO MAKE TECHNICAL CORREC-
28 TIONS; AMENDING SECTION 50-449, IDAHO CODE, TO REVISE THE PROCEDURE FOR
29 TRANSMISSION OF ABSENTEE BALLOTS TO THE POLLS; AMENDING SECTION 50-459,
30 IDAHO CODE, TO REVISE PROCEDURES FOR THE MANNER OF VOTING; AMENDING SEC-
31 TION 50-477, IDAHO CODE, TO PROVIDE APPLICATION OF THE STATE SUNSHINE LAW
32 TO CITY ELECTIONS IN CERTAIN CITIES; AMENDING SECTION 50-2105, IDAHO CODE,
33 TO REVISE APPLICATION OF THE MUNICIPAL ELECTION LAW TO QUESTIONS OF
34 WHETHER CITIES SHOULD BE CONSOLIDATED AND TO MAKE A TECHNICAL CORRECTION;
35 AND PROVIDING SEVERABILITY.
36 Be It Enacted by the Legislature of the State of Idaho:
37 SECTION 1. That Section 18-2318, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 18-2318. ELECTIONEERING AT POLLS. (1) On the day of any primary, general
40 or special election, no person may, within a polling place, or any building in
41 which an election is being held, or on private property within one hundred
42 (100) feet thereof, or on public property within three hundred (300) feet
43 thereof:
2
1 (a) Do any electioneering;
2 (b) Circulate cards or handbills of any kind;
3 (c) Solicit signatures to any kind of petition; or
4 (d) Engage in any practice which interferes with the freedom of voters to
5 exercise their franchise or disrupts the administration of the polling
6 place.
7 (2) No person may obstruct the doors or entries to a building in which a
8 polling place is located or prevent free access to and from any polling place.
9 (3) Any election officer, sheriff, constable or other peace officer is
10 hereby authorized, and it is hereby made the duty of such officer, to arrest
11 any person violating the provisions of subsections (1) and (2) of this sec-
12 tion, and such offender shall be punished by a fine of not less than twenty-
13 five dollars ($25.00) nor exceeding one thousand dollars ($1,000).
14 SECTION 2. That Section 34-732, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 34-732. SELECTION OF CANDIDATES FOR NOMINATION IN PRESIDENTIAL PRIMARY.
17 Each qualified elector shall have the opportunity to vote on the official
18 presidential preference primary ballot for one (1) person to be the candidate
19 for nomination by a party for president of the United States. The name of any
20 candidate for a political party nomination for president of the United States
21 shall be printed on the ballots only:
22 (1) If the secretary of state shall have determined, in his sole discre-
23 tion, that the person's candidacy is generally advocated or recognized in
24 national news media throughout the United States. For the purpose of promoting
25 the aspect of a regional primary in this regard, the Ssecretary of Sstate may
26 consult with the chief election officers of neighboring states which conduct a
27 presidential primary election on the fourth Tuesday in May. The secretary of
28 state shall publish the names of such persons determined by him to be such
29 candidates, together with their party affiliation, not less than sixty (60)
30 days prior to the date of the presidential preference primary.; or
31 (2) If a petition for nomination meeting the requirements of subsection 3
32 of this section is filed with the secretary of state by members of a political
33 party to which the candidate belongs.
34 (3) The petition referred to in subsection (2) hereof shall:
35 (a) Have attached thereto a sheet or sheets containing the signatures of
36 at least a number of qualified electors equal to one per cent (1%) of the
37 number of votes cast in this state for presidential electors at the previ-
38 ous general election at which a president of the United States was
39 elected;
40 (b) Be filed with the secretary of state not later than thirty (30) days
41 prior to the date of the presidential preference primary;
42 (c) The format of the signature petition sheets shall be prescribed by
43 the secretary of state and shall be patterned after, but not limited to,
44 such sheets as used for state initiative and referendum measures;
45 (d) The petitions and signatures so submitted shall be verified in the
46 manner prescribed in section 34-1807, Idaho Code Any candidate who was not
47 placed upon the ballot by the secretary of state under the provisions of
48 subsection (1) of this section shall be placed upon the ballot after fil-
49 ing a declaration of candidacy accompanied by a one thousand dollar
50 ($1,000) filing fee. The declaration shall be filed with the secretary of
51 state no later than the fiftieth day prior to the date of the presidential
52 preference primary.
3
1 SECTION 3. That Sections 34-907A and 34-907B, Idaho Code, be, and the
2 same are hereby repealed.
3 SECTION 4. That Section 34-1005, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 34-1005. RETURN OF ABSENTEE BALLOT. The return envelope shall be mailed
6 or delivered to the officer who issued the same; provided, that an absentee
7 ballot must be received by the issuing officer by 8:00 p.m. on the day of
8 election before such ballot may be counted.
9 Upon receipt of an absent elector's ballot the county clerk of the county
10 wherein such elector resides shall verify the authenticity of the affidavit
11 and shall write or stamp upon the envelope containing the same, the date and
12 hour such envelope was received in his office. and, if the ballot was deliv-
13 ered in person, the name and address of the person delivering the same. He
14 shall safely keep and preserve all absent electors' ballots unopened until the
15 time prescribed for delivery to the judges in accordance with this act.
16 SECTION 5. That Section 34-1007, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 34-1007. TRANSMISSION OF ABSENTEE BALLOTS TO POLLS. On receipt of such
19 absent elector's ballot or ballots, the officer receiving them shall forthwith
20 inclose enclose the same, unopened in a carrier envelope endorsed with the
21 name and official title of such officer and the words: "absent electors' bal-
22 lot to be opened only at the polls." He shall hold the same until the delivery
23 of the official ballots to the judges of election of the precinct in which the
24 elector resides and shall deliver the ballot or ballots to the judges with
25 such official ballots.
26 In those counties which count ballots at a central location, absentee bal-
27 lots that are received on election day may, in the discretion of the county
28 clerk, be retained in a secure place in the clerk's office and such ballots
29 shall be added to the precinct returns at the time of ballot tabulation. The
30 clerk shall deliver to the polls a list of those absentee ballots received to
31 record in the official poll book that the elector has voted.
32 SECTION 6. That Section 34-1107, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 34-1107. MANNER OF VOTING. On receipt of his ballot the elector shall
35 retire to a vacant voting booth and mark his ballot according to the instruc-
36 tions provided by law. Before leaving the voting compartment the elector shall
37 fold his ticket so that the official stamp is visible and the face of the bal-
38 lot is completely inclosed.
39 After marking his ballot, the elector shall present himself to the judge
40 in charge of the additional copy of the combination election record and poll
41 book at the ballot box and state his name and residence. The elector shall
42 then deposit his ballot in the proper box or hand his ballot to the election
43 judge, who shall deposit it. The judge shall deposit the ballot in the proper
44 box after ascertaining that the ballot is folded correctly. The judge shall
45 then record that the elector has voted and proclaim the same in an audible
46 voice.
47 SECTION 7. That Section 34-1805, Idaho Code, be, and the same is hereby
48 amended to read as follows:
4
1 34-1805. SPONSORS TO PRINT PETITION -- NUMBER OF SIGNERS REQUIRED. After
2 the form of the initiative or referendum petition has been approved by the
3 secretary of state as in sections 34-1801A through 34-1822, Idaho Code, pro-
4 vided, the same shall be printed by the person or persons or organization or
5 organizations under whose authority the measure is to be referred or initiated
6 and circulated in the several counties of the state for the signatures of
7 legal voters. Before such petitions shall be entitled to final filing and con-
8 sideration by the secretary of state there shall be affixed thereto the signa-
9 tures of legal voters equal in number to not less than six percent (6%) of the
10 qualified electors of the state at the time of the last general election. Pro-
11 vided, that the petition must contain a number of signatures of qualified
12 electors from each of twenty-two (22) counties equal to not less than six per-
13 cent (6%) of the qualified electors at the time of the last general election
14 in each of those twenty-two (22) counties.
15 SECTION 8. That Section 34-2409, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 34-2409. EXAMINATION OF MACHINES BY SECRETARY OF STATE PRIOR TO ADOPTION.
18 (1) The secretary of state shall publicly examine all makes of voting machines
19 or vote tally systems submitted to him and determine whether the machines or
20 vote tally systems comply with the requirements of this chapter, and can
21 safely be used by voters at elections under the provisions of this chapter. In
22 order for any voting machine or vote tally system to be certified in Idaho it
23 must meet the federal election commission standards and be approved for use by
24 an independent testing authority sanctioned by the national association of
25 state election directors (NASED) or be certified by the federal election
26 assistance commission.
27 (2) Any person owning or interested in a voting machine or vote tally
28 system may submit it to the secretary of state for examination. No examination
29 shall be conducted unless documentation is provided indicating that the voting
30 machine or vote tally system meets the federal election commission standards.
31 For the purpose of assistance in examining the machine or vote tally system
32 the secretary of state may employ not more than three (3) individuals who are
33 expert in one (1) or more of the fields of data processing, mechanical engi-
34 neering and public administration. The compensation of these assistants shall
35 be paid by the person submitting the machine or vote tally system.
36 (3) Within thirty (30) days after completing the examination and approval
37 of any voting machine or vote tally system the secretary of state shall make
38 and file in his office his report on the machine or vote tally system,
39 together with a written or printed description and drawings and photographs
40 clearly identifying the machine or vote tally system and the operation
41 thereof. As soon as practicable after such filing, the secretary of state upon
42 request shall send a copy of the report to any governing body within the
43 state.
44 (4) Any voting machine or vote tally system that receives the approval of
45 the secretary of state may be used for conducting elections in this state. Any
46 machine or vote tally system that does not receive such approval shall not be
47 adopted for or used at any election. After a voting machine or vote tally sys-
48 tem has been approved by the secretary of state, any change or improvement in
49 the machine or vote tally system that does not impair its accuracy, efficiency
50 or capacity shall not render necessary a reexamination or reapproval of the
51 machine or vote tally system.
52 (5) Any voting system, including paper ballots, that was used in the 2004
53 general election shall be continued to be authorized for use as long as the
5
1 voting system meets the requirements of the "Help America Vote Act of 2002,"
2 Public Law 107-252.
3 (6) For all elections conducted after 2004, no direct recording elec-
4 tronic voting device shall be used unless the direct recording electronic vot-
5 ing device has a voter verifiable paper audit trail. Any certifications of a
6 direct recording electronic voting device without a voter verifiable paper
7 audit trail are hereby declared null and void.
8 (7) The secretary of state may periodically review the various voting
9 systems that have been certified for use in the state to ensure such systems
10 meet the standards set forth by the federal election assistance commission and
11 the national institute of standards and technology. Any voting system that
12 does not meet such standards may be decertified after a public hearing.
13 SECTION 9. That Section 50-211, Idaho Code, be, and the same is hereby
14 repealed.
15 SECTION 10. That Chapter 2, Title 50, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17 ignated as Section 50-211, Idaho Code, and to read as follows:
18 50-211. SUPERVISION OF ELECTIONS. The city council shall:
19 (1) Establish a convenient number of election precincts as provided in
20 section 50-407, Idaho Code;
21 (2) Establish the time of opening the polls by ordinance as provided in
22 section 50-453, Idaho Code; and
23 (3) Canvass the results of the election as provided in section 50-467,
24 Idaho Code.
25 SECTION 11. That Section 50-403, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 50-403. SUPERVISION OF ADMINISTRATION OF ELECTION LAWS BY CITY CLERK.
28 Each city clerk is the chief elections officer and shall exercise general
29 supervision of the administration of the election laws in his city for the
30 purpose of achieving and maintaining a maximum degree of correctness, impar-
31 tiality, efficiency and uniformity. The city clerk shall meet with and issue
32 instructions to election judges and clerks prior to the opening of the polls
33 to insure ensure uniformity in the application, operation and interpretation
34 of the election laws during the election.
35 If a national or local emergency or other situation arises which makes
36 substantial compliance with the provisions of this chapter impossible or
37 unreasonable, the city clerk may prescribe, by directive, such special proce-
38 dures or requirements as may be necessary to facilitate absentee voting by
39 those citizens directly affected who otherwise are eligible to vote in city
40 elections.
41 SECTION 12. That Section 50-410, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 50-410. CHALLENGERS -- WATCHERS. The city clerk shall, upon receipt of a
44 written request, such request to be received no later than five (5) days prior
45 to the day of election, direct that the election judges permit one (1) person
46 authorized by each candidate to be at the polling place for the purpose of
47 challenging voters, and shall if requested, permit any candidate, or one (1)
48 person authorized by a candidate to be present to watch the receiving and
6
1 counting of the votes observe the conduct of the election. Where the issue
2 before the electors is other than the election of officers, the clerk shall,
3 upon receipt of a written request no later than five (5) days prior to the
4 date of voting on the issue or issues, direct that election judges permit one
5 (1) pro and one (1) con person to be at the polling place for the purpose of
6 challenging voters and to observe the conduct of the election. Such authoriza-
7 tion shall be evidenced in writing, signed by the candidate requesting person,
8 and filed with the city clerk. Persons who are authorized to serve as
9 challengers or watchers shall wear a visible name tag which includes their
10 respective titles. A watcher is entitled to observe any activity conducted at
11 the location at which the watcher is serving; provided however, that the
12 watcher does not interfere with the orderly conduct of the election. Persons
13 permitted to be present to watch the counting of the votes shall not absent
14 themselves until the polls are closed.
15 SECTION 13. That Section 50-447, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 50-447. RETURN OF ABSENTEE BALLOT. The return envelope shall be mailed or
18 delivered to the officer who issued the same; provided, that an absentee bal-
19 lot must be received by the issuing officer by 8:00 p.m. on the day of elec-
20 tion before such ballot may be counted.
21 Upon receipt of an absent elector's ballot the city clerk of the city
22 wherein such elector resides shall write or stamp upon the envelope containing
23 the same, the date and hour such envelope was received in his office, compar-
24 ing the signature upon the return envelope with the elector's registration
25 card to insure ensure that signatures correspond. and, if the ballot was
26 delivered in person, the name and address of the person delivering the same.
27 He shall safely keep and preserve all absent elector's ballots unopened until
28 the time prescribed for delivery to the judges in accordance with this chap-
29 ter.
30 SECTION 14. That Section 50-449, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 50-449. TRANSMISSION OF ABSENTEE BALLOTS TO POLLS. On receipt of such
33 absent elector's ballot or ballots, the city clerk shall forthwith enclose the
34 same unopened in a carrier envelope endorsed with the name and official title
35 of such officer and the words: "absent elector's ballots to be opened only at
36 the polls." He shall hold the same until the delivery of the official ballots
37 to the judges of election of the precinct in which the elector resides and
38 shall deliver the ballot or ballots to the judges with such official ballots.
39 In those cities which count ballots at a central location, absentee bal-
40 lots that are received may, in the discretion of the city clerk, be retained
41 in a secure place in the clerk's office and such ballots shall be added to the
42 precinct returns at the time of ballot tabulation. The clerk shall deliver a
43 list of those absentee ballots received to the polls to record in the official
44 poll book that the elector has voted.
45 SECTION 15. That Section 50-459, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 50-459. MANNER OF VOTING. On receipt of his ballot, the elector shall
48 retire to a vacant voting booth and mark his ballot according to the instruc-
49 tions provided by law. Before leaving the voting compartment the elector shall
7
1 fold his ballot so that the official stamp is visible and the face of the bal-
2 lot is completely enclosed.
3 After marking his ballot, the elector shall present himself to the receiv-
4 ing clerk, state his name and residence, and deposit his ballot in the proper
5 box or hand his ballot to the receiving clerk, who shall deposit it. The clerk
6 shall deposit the ballot in the proper box after ascertaining that the ballot
7 is folded correctly, and shall then proclaim in an audible voice that the
8 elector has voted. The election officials shall then record that the elector
9 has voted.
10 SECTION 16. That Section 50-477, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 50-477. APPLICATION OF CAMPAIGN EXPENDITURES REPORTING LAW TO ELECTIONS
13 IN CERTAIN CITIES. The provisions of sections 67-6601 through 67-6616 and
14 67-6623 through 67-6630, Idaho Code, insofar as they relate to the reporting
15 of campaign contributions, are hereby made applicable to all elections for
16 mayor, councilman and citywide measures in cities of five thousand (5,000) or
17 more population, except that the city clerk shall stand in place of the secre-
18 tary of state, and the city attorney shall stand in place of the attorney gen-
19 eral.
20 SECTION 17. That Section 50-2105, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 50-2105. SUBMISSION OF QUESTION TO ELECTORS -- SPECIAL ELECTION. In each
23 of the cities proposed to be consolidated, on the date fixed by resolution,
24 there shall be held a special election for the purpose of submitting to the
25 qualified electors of each of said cities, the question whether such cities
26 shall become consolidated into one (1) city. Such election in each city shall
27 be conducted in the manner prescribed by sections 50-401 through 50-422, for
28 general and special city elections according to the provisions of chapter 4,
29 title 50, Idaho Code.
30 SECTION 18. SEVERABILITY. The provisions of this act are hereby declared
31 to be severable and if any provision of this act or the application of such
32 provision to any person or circumstance is declared invalid for any reason,
33 such declaration shall not affect the validity of the remaining portions of
34 this act.
STATEMENT OF PURPOSE
RS 17037C1
The purpose of this legislation is to clean up and clarify
various election procedures in the law and deletes sections of
the code that have been deemed unconstitutional by the courts.
It also changes the city election laws to make them consistent
with Title 34.
FISCAL NOTE
There will be no fiscal impact on the general fund.
Contact
Name: Tim Hurst, Deputy Secretary of State
Phone: 334-2852
STATEMENT OF PURPOSE/FISCAL NOTE H 214