2007 Legislation
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SENATE BILL NO. 1244 – Elections, primary, registration

SENATE BILL NO. 1244

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S1244......................................................by STATE AFFAIRS
ELECTIONS - REGISTRATION - PRIMARY - Amends and adds to existing law
relating to elections to revise provisions relating to the receipt of
primary ballots; to revise provisions applicable to registration of
electors; to revise provisions relating to application for registration; to
provide for the designation or change of party affiliation status; to
revise provisions relating to primary election ballots; to set forth
provisions applicable to the eligibility to vote in primary elections; to
revise provisions relating to applications for absentee ballots; and to
revise provisions applicable to the issuance of absentee ballots.
                                                                        
03/26    Senate intro - 1st rdg - to printing
    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1244
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ELECTIONS; AMENDING SECTION 34-308, IDAHO CODE, TO  REVISE  PROVI-
  3        SIONS RELATING TO THE RECEIPT OF PRIMARY BALLOTS; AMENDING SECTION 34-404,
  4        IDAHO  CODE,  TO REVISE PROVISIONS APPLICABLE TO REGISTRATION OF ELECTORS;
  5        AMENDING SECTION 34-406, IDAHO CODE, TO REMOVE A REFERENCE TO MAIL  REGIS-
  6        TRATION  FORM,  TO  REVISE A CODE REFERENCE AND TO MAKE TECHNICAL CHANGES;
  7        AMENDING SECTION 34-411, IDAHO CODE,  TO  REVISE  PROVISIONS  RELATING  TO
  8        APPLICATION  FOR REGISTRATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING
  9        CHAPTER 4, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-411A,
 10        IDAHO CODE, TO PROVIDE FOR THE DESIGNATION OR CHANGE OF PARTY  AFFILIATION
 11        STATUS; AMENDING SECTION 34-904, IDAHO CODE, TO REVISE PROVISIONS RELATING
 12        TO  PRIMARY ELECTION BALLOTS; AMENDING CHAPTER 9, TITLE 34, IDAHO CODE, BY
 13        THE ADDITION OF A NEW SECTION 34-904A, IDAHO CODE, TO SET FORTH PROVISIONS
 14        APPLICABLE TO THE ELIGIBILITY TO VOTE IN PRIMARY ELECTIONS; AMENDING  SEC-
 15        TION  34-1002,  IDAHO  CODE, TO REVISE PROVISIONS RELATING TO APPLICATIONS
 16        FOR ABSENTEE BALLOTS AND  TO  MAKE  TECHNICAL  CHANGES;  AMENDING  SECTION
 17        34-1003,  IDAHO  CODE,  TO REVISE PROVISIONS APPLICABLE TO THE ISSUANCE OF
 18        ABSENTEE BALLOTS.
                                                                        
 19    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 20        SECTION 1.  That Section 34-308, Idaho Code, be, and the  same  is  hereby
 21    amended to read as follows:
                                                                        
 22        34-308.  MAIL BALLOT PRECINCT. A precinct within the county which contains
 23    no  more  than  one  hundred twenty-five (125) registered electors at the last
 24    general election, may be designated by the board  of  county  commissioners  a
 25    mail  ballot  precinct  no later than April 1 in an even-numbered year. Such a
 26    designation shall apply thereafter to all elections conducted within the  pre-
 27    cinct  until revoked by the board of county commissioners. Having designated a
 28    mail ballot precinct, there shall be no voting place  established  within  the
 29    precinct.  Elections  in a mail ballot precinct shall be conducted in a manner
 30    consistent with absentee voting with the following special provisions.
 31        (1)  The clerk shall issue a ballot, by mail, to every registered voter in
 32    a mail ballot precinct, and shall affix to the return envelope, postage suffi-
 33    cient to return the ballot.
 34        (2)  The ballot shall be mailed no sooner than twenty-four (24) days prior
 35    to the election day and no later than the fourteenth day prior  to  the  elec-
 36    tion.
 37        (3)  The  clerk  shall  make necessary provisions to segregate mail ballot
 38    precinct ballots by precinct, and for all purposes of the election,  the  pre-
 39    cinct integrity shall be maintained.
 40        (4)  The  clerk shall make available in the office of the clerk, registra-
 41    tion on election day for any individual  who  is  eligible  to  vote  and  who
 42    resides in a mail ballot precinct and has not previously registered. The clerk
 43    shall provide an official polling place in the office of the clerk and a qual-
                                                                        
                                       2
                                                                        
  1    ified  elector who registers on election day and resides in a mail ballot pre-
  2    cinct shall be allowed to vote at the office of the clerk.
  3        (5)  Electors who have designated a political party  affiliation  pursuant
  4    to section 34-404, Idaho Code, shall receive the primary ballot for that party
  5    pursuant to sections 34-904 and 34-904A, Idaho Code.
  6        (6)  In  order  to receive a political party's primary ballot, pursuant to
  7    section 34-904A, Idaho Code, the county clerk shall mail a ballot request form
  8    for the primary election ballot to the electors in a mail ballot precinct  for
  9    the  electors  to use in selecting the party ballot they choose to receive. If
 10    an "independent" does not indicate a choice of political party's primary  bal-
 11    lot, the elector will receive a nonpartisan ballot.
                                                                        
 12        SECTION  2.  That  Section  34-404, Idaho Code, be, and the same is hereby
 13    amended to read as follows:
                                                                        
 14        34-404.  REGISTRATION OF ELECTORS. (1) All electors must  register  before
 15    being able to vote at any primary, general, special, school or any other elec-
 16    tion  governed  by  the  provisions of title 34, Idaho Code. Registration of a
 17    qualified person occurs when a legible,  accurate  and  complete  registration
 18    card is received in the office of the county clerk or is received at the polls
 19    pursuant to section 34-408A, Idaho Code.
 20        (2)  Each  elector may select on the registration card an affiliation with
 21    a political party qualified to participate in elections  pursuant  to  section
 22    34-501,  Idaho  Code,  or may select to be designated as an "independent." The
 23    county clerk shall record the party affiliation  or  "independent"  status  so
 24    selected  as  part  of  the elector's registration record. If an elector shall
 25    fail or refuse to make such a selection, the county clerk shall enter  on  the
 26    registration records that such an elector is "independent."
 27        (3)  In  order  to provide an elector with the appropriate primary ballot,
 28    pursuant to section 34-904A, Idaho Code, the poll book for  primary  elections
 29    shall  include  the  party  affiliation or status as an "independent" for each
 30    elector so registered. The poll book shall also contain check  off  boxes  for
 31    "independent"  electors  by  which  such  an  elector  will indicate for which
 32    party's primary ballot such an "independent" elector chooses to vote, pursuant
 33    to section 34-904A, Idaho Code.
 34        (4)  In order to provide electors who are already registered to vote as of
 35    July 1, 2007, and who remain  registered  electors,  with  an  opportunity  to
 36    select  a party affiliation or to select their status as an "independent," the
 37    poll book for the 2008 primary election shall include check off boxes by which
 38    such electors can choose a party affiliation or choose to be designated as  an
 39    "independent."  After the 2008 primary election, the county clerk shall record
 40    the party affiliation or "independent" status so selected in the poll book  as
 41    part of such an elector's record within the voter registration systems as pro-
 42    vided for in section 34-437A, Idaho Code.
 43        (5)  In  order  to  provide  electors who did not vote in the 2008 primary
 44    election and who were already registered to vote as of July 1, 2007,  and  who
 45    remain  registered electors, with an opportunity to select a party affiliation
 46    or to select their status as an "independent," the poll book for the 2010 pri-
 47    mary election shall include check off boxes by which such electors can  choose
 48    a  party affiliation or choose to be designated as an "independent." After the
 49    2010 primary election, the county clerk shall record the party affiliation  or
 50    "independent" status so selected in the poll book as part of such an elector's
 51    record  within  the  voter  registration  systems  as  provided for in section
 52    34-437A, Idaho Code.
 53        (6)  After the 2010 primary election, electors who were registered to vote
                                                                        
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  1    as of July 1, 2007, who remain registered voters  and  who  did  not  vote  in
  2    either   the   2008   or   2010  primary  elections  shall  be  designated  as
  3    "independents" and the county clerk shall record  that  designation  for  each
  4    such  elector within the voter registration systems as provided for in section
  5    34-437A, Idaho Code.
                                                                        
  6        SECTION 3.  That Section 34-406, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        34-406.  APPOINTMENT OF REGISTRARS. (1) The county clerk shall provide for
  9    voter  registration in the clerk's office and may appoint registrars to assist
 10    in voter registration throughout the county.
 11        (2)  The county clerk shall  provide  all  political  parties  within  the
 12    county  with  a  supply  of  the  mail registration form prescribed in section
 13    34-4101, Idaho Code.
                                                                        
 14        SECTION 4.  That Section 34-411, Idaho Code, be, and the  same  is  hereby
 15    amended to read as follows:
                                                                        
 16        34-411.  APPLICATION  FOR  REGISTRATION  -- CONTENTS. (1) Each elector who
 17    requests registration shall supply the following  information  under  oath  or
 18    affirmation:
 19        (a)  His fFull name and sex.
 20        (b)  His  mMailing  address,  his residence address or any other necessary
 21        information definitely locating his the elector's residence.
 22        (c)  The period of time preceding the date of registration during which he
 23        the elector has resided in the state.
 24        (d)  Whether or not he the elector is a citizen.
 25        (e)  That he the elector is under no legal disqualifications to vote.
 26        (f)  The county and state where he the elector was previously  registered,
 27        if any.
 28        (g)  Date of birth.
 29        (h)  Current  driver's  license number or, in the absence of an Idaho dri-
 30        ver's license, the last four (4) digits of the elector's  social  security
 31        number.
 32        (2)  Each  elector may select an affiliation with a political party quali-
 33    fied to participate in elections pursuant to section 34-501,  Idaho  Code,  or
 34    select  to be designated as an "independent." That selection of party affilia-
 35    tion or status as an "independent" shall be maintained within the voter regis-
 36    tration systems as provided for in section 34-437A, Idaho Code. If an  elector
 37    shall  fail  or refuse to make such a selection, the county clerk shall record
 38    as "independent" such an elector within the voter registration systems as pro-
 39    vided for in section 34-437A, Idaho Code.
 40        (3)  Any elector who shall supply any information under subsection (1)  of
 41    this section, knowing it to be false, is guilty of perjury.
 42        (34)  Each elector who requests registration may, at the elector's option,
 43    supply the the elector's telephone number. If the telephone number is supplied
 44    by the elector, the telephone number shall be available to the public.
                                                                        
 45        SECTION  5.  That  Chapter  4,  Title  34, Idaho Code, be, and the same is
 46    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 47    ignated as Section 34-411A, Idaho Code, and to read as follows:
                                                                        
 48        34-411A.  DESIGNATING  OR CHANGING PARTY AFFILIATION. Any elector may des-
 49    ignate or change such an elector's political party affiliation or status as an
                                                                        
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  1    "independent" elector by filing a signed form with the  county  clerk  or  the
  2    poll worker on election day. The application form provided in Section 34-1002,
  3    Idaho Code, shall also be used for this purpose.
                                                                        
  4        SECTION  6.  That  Section  34-904, Idaho Code, be, and the same is hereby
  5    amended to read as follows:
                                                                        
  6        34-904.  PRIMARY ELECTION BALLOTS. (1) There shall be  a  single  separate
  7    primary  election  ballot  on  which the complete ticket of for each political
  8    party upon which only its ticket shall be printed; however, a county may use a
  9    separate ballot for the office of precinct committeeman. Each political ticket
 10    shall be separated from the others by a perforated line that will  enable  the
 11    elector  to  detach the ticket of the political party voted from those remain-
 12    ing. All candidates who have filed their declarations  of  candidacy  and  are
 13    subsequently certified shall be listed under the proper office titles on their
 14    political  party ticket. The secretary of state shall design the primary elec-
 15    tion ballot to allow for write-in candidates under each office title.
 16        (2)  The office titles shall be listed in order beginning with the highest
 17    federal office and ending with precinct offices. The secretary  of  state  has
 18    the discretion and authority to arrange the classifications of offices as pro-
 19    vided by law.
 20        (3)  It  is  not necessary to print a primary ballot for a political party
 21    which does not have candidates for more than half of the federal or  statewide
 22    offices  on  the ballot if no more than one (1) candidate files for nomination
 23    by that party for any of the offices on the ballot.  The  secretary  of  state
 24    shall  certify that no primary election is necessary for that party if such is
 25    the case and shall certify to the county clerk the  names  of  candidates  for
 26    that party for the general election ballot only.
                                                                        
 27        SECTION  7.  That  Chapter  9,  Title  34, Idaho Code, be, and the same is
 28    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 29    ignated as Section 34-904A, Idaho Code, and to read as follows:
                                                                        
 30        34-904A.  ELIGIBILITY TO VOTE IN PRIMARY ELECTIONS. (1) An elector who has
 31    designated  a  party  affiliation shall be allowed to vote only in the primary
 32    election of the political party for which such an elector is so registered.
 33        (2)  An elector registered as an "independent" shall be allowed to vote in
 34    the primary election of such an elector's choice. "Independent" electors shall
 35    designate in which political party's primary election they choose to  vote  by
 36    checking a box in the poll book pursuant to section 34-404, Idaho Code. Having
 37    made  such  a  choice,  an elector registered as an "independent" shall not be
 38    able to vote in the primary election of any other party held on  that  primary
 39    election  date.  If  an  "independent"  elector  does not indicate a choice of
 40    political party's primary ballot or an elector fails or refuses  to  select  a
 41    political  party  affiliation or status as an "independent," the elector shall
 42    not be able to vote in  any  political  party's  primary  election  but  shall
 43    receive  a  nonpartisan  ballot. Nothing in this section shall be construed to
 44    prohibit an elector registered as an "independent" from voting in the  primary
 45    election of a different party held in subsequent years.
                                                                        
 46        SECTION  8.  That  Section 34-1002, Idaho Code, be, and the same is hereby
 47    amended to read as follows:
                                                                        
 48        34-1002.  APPLICATION FOR ABSENTEE BALLOT. (1) Any registered elector  may
 49    make  written application to the county clerk, or other proper officer charged
                                                                        
                                       5
                                                                        
  1    by law with the duty of issuing official ballots for  such  election,  for  an
  2    official  ballot  or ballots of the kind or kinds to be voted at the election.
  3    The application shall contain the name of the  elector,  his  home    address,
  4    county, and address to which such ballot shall be forwarded. In the case of an
  5    "independent"  elector  requesting  a  ballot  for a primary election, such an
  6    elector shall designate in writing which political party's ballot the  elector
  7    chooses.  If  an "independent" does not indicate a choice of political party's
  8    primary ballot, the elector will receive a nonpartisan ballot.
  9        (2)  The application for an absent elector's ballot shall be  signed  per-
 10    sonally  by the applicant. The application for a mail-in absentee ballot shall
 11    be received by the county clerk not later than 5:00  p.m.  on  the  sixth  day
 12    before  the  election.  An  application  for  in person absentee voting at the
 13    absent elector's polling place described in section 34-1006, Idaho Code, shall
 14    be received by the county clerk not later than 5:00 p.m. on the day before the
 15    election. Application for an absentee ballot may be made by using a  facsimile
 16    machine.  In the event a registered elector is unable to vote in person at his
 17    designated polling place on the day of election because of an emergency situa-
 18    tion which rendered him physically unable, he may nevertheless  apply  for  an
 19    absent  elector's ballot on the day of election by notifying the county clerk.
 20    No person, may, however, be entitled to  vote  under  an  emergency  situation
 21    unless  the  situation  claimed  rendered him physically unable to vote at his
 22    designated polling place within forty-eight (48) hours prior to the closing of
 23    the polls.
 24        (3)  A person may make application for an absent elector's ballot  by  use
 25    of  a  properly  executed  federal postcard application as provided for in the
 26    laws of the United States known as Uniformed and  Overseas  Citizens  Absentee
 27    Voting  Act  (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed federal
 28    postcard application (F.P.C.A.), shall be  considered  as  a  request  for  an
 29    absent  elector's  ballot through the next two (2) regularly scheduled general
 30    elections for federal office following receipt of the application. The issuing
 31    officer shall keep as a part of the records of his office a list of all appli-
 32    cations so received and of the manner and time of delivery or mailing  to  and
 33    receipt of returned ballot.
 34        (4)  The  county  clerk shall, not later than seventy-five (75) days after
 35    the date of each general election, submit a report to the secretary  of  state
 36    containing information concerning absentee voters as required by federal law.
                                                                        
 37        SECTION  9.  That  Section 34-1003, Idaho Code, be, and the same is hereby
 38    amended to read as follows:
                                                                        
 39        34-1003.  ISSUANCE OF ABSENTEE BALLOT. (1) Upon receipt of an  application
 40    for  an  absent  elector's  ballot  within  the  proper time, the county clerk
 41    receiving it shall examine the records of his office to ascertain  whether  or
 42    not  such  applicant  is registered and lawfully entitled to vote as requested
 43    and, if found to be so, he shall arrange for the applicant to vote  by  absent
 44    elector's ballot.
 45        (2)  In the case of requests for primary ballots:
 46        (a)  An  elector  who  has  designated a political party affiliation shall
 47        receive a primary ballot for that political party.
 48        (b)  An "independent" elector shall receive the  primary  ballot  for  the
 49        political  primary  which the elector designated in the elector's applica-
 50        tion for an absentee ballot pursuant to section 34-1002, Idaho Code.
 51        (c)  If an "independent" does not indicate a choice of  political  party's
 52        primary ballot, the elector will receive a nonpartisan ballot.
 53        (3)  The  absentee  ballot  may  be delivered to the absent elector in the
                                                                        
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  1    office of the county clerk, by postage prepaid mail or  by  other  appropriate
  2    means,  including  use  of a facsimile machine. A political party may supply a
  3    witness to accompany the clerk in the personal delivery of an absentee ballot.
  4        (4)  If the political party desires to supply a witness it  shall  be  the
  5    duty of the political party to supply the names of such witnesses to the clerk
  6    no  later  than  forty-five  (45)  days prior to the election. The clerk shall
  7    notify such witnesses of the date and approximate hour  the  clerk  or  deputy
  8    clerk intends to deliver the ballot. A candidate for public office or a spouse
  9    of a candidate for public office shall not be a witness in the personal deliv-
 10    ery of absentee ballots.
 11        (5)  An  elector  physically  unable  to  mark  his own ballot may receive
 12    assistance in marking such ballot from  the  officer  delivering  same  or  an
 13    available  person  of  his  own choosing. In the event the election officer is
 14    requested to render assistance in marking  an  absent  elector's  ballot,  the
 15    officer  shall  ascertain  the  desires  of  the  elector  and  shall vote the
 16    applicant's ballot accordingly. When such ballot  is  marked  by  an  election
 17    officer,  the  witnesses  on hand shall be allowed to observe such marking. No
 18    county clerk, deputy, or other person assisting a disabled voter shall attempt
 19    to influence the vote of such elector in any manner.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17198C2

This legislation amends Idaho's election code to provide for
modified closed primary elections.  It enables voters to select an
affiliation with a political party or to select designation as an
"independent."  A voter who has selected a party affiliation can
vote only in the primary for that party.  An "independent" voter
can vote in the primary of his or her choice.  Voters who do not
select a party affiliation or designation as an "independent" will
be registered as an "independent" and will be able to vote in the
primary of their choice.



                           FISCAL NOTE

The fiscal impact of this legislation would be $250,000 to be
appropriated to the Secretary of State for implementation costs to
be used for public outreach and county election costs as determined
by the Secretary of State after consultation with the county
clerks.



     
Contact
Name: J. Kirk Sullivan, GOP Chairman
      Keith Allred, President, The Common Interst
      Rep. Marv Hagedorn
      Rep. Raul Labrador 
Phone: 208-860-8289



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1244