Print Friendly HOUSE BILL NO. 402
– Vote by mail precincts, designation
HOUSE BILL NO. 402
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H0402......................................................by STATE AFFAIRS
VOTE BY MAIL PRECINCTS - Amends existing law to provide that any precinct
may be designated by the board of county commissioners as a vote by mail
precinct; and to allow other voting places within a precinct.
01/24 House intro - 1st rdg - to printing
01/25 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 402
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ELECTIONS; AMENDING SECTION 34-308, IDAHO CODE, TO PROVIDE THAT
3 ANY PRECINCT MAY BE DESIGNATED BY THE BOARD OF COUNTY COMMISSIONERS AS A
4 VOTE BY MAIL PRECINCT AND TO ALLOW OTHER VOTING PLACES WITHIN A PRECINCT.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 34-308, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 34-308. MAIL BALLOT PRECINCT. Any precinct within the county which con-
9 tains no more than one hundred twenty-five (125) registered electors at the
10 last general election, may be designated by the board of county commissioners
11 a mail ballot precinct no later than April 1 in an even-numbered year. Such a
12 designation shall apply thereafter to all elections conducted within the pre-
13 cinct until revoked by the board of county commissioners. Having designated a
14 mail ballot precinct, there shall be no may be a voting place established
15 within the precinct, at the discretion of the board of county commissioners.
16 Elections in a mail ballot precinct shall be conducted in a manner consistent
17 with absentee voting with the following special provisions.
18 (1) The clerk shall issue a ballot, by mail, to every registered voter in
19 a mail ballot precinct, and shall affix to the return envelope, postage suffi-
20 cient to return the ballot.
21 (2) The ballot shall be mailed no sooner than twenty-four (24) days prior
22 to the election day and no later than the fourteenth day prior to the elec-
24 (3) The clerk shall make necessary provisions to segregate mail ballot
25 precinct ballots by precinct, and for all purposes of the election, the pre-
26 cinct integrity shall be maintained.
27 (4) The clerk shall make available in the office of the clerk, registra-
28 tion on election day for any individual who is eligible to vote and who
29 resides in a mail ballot precinct and has not previously registered. The clerk
30 shall provide an official polling place in the office of the clerk and a qual-
31 ified elector who registers on election day and resides in a mail ballot pre-
32 cinct shall be allowed to vote at the office of the clerk.
STATEMENT OF PURPOSE
This bill removes the population limitations on "vote by mail"
County clerks are having trouble finding poll workers and legal
locations for voting places. In addition, the need to maintain
electronic voter assistance devices in all voting places is
expensive. Finally, rapid growth in some areas has caused the
numbers voting to exceed the capacity of the voting place and poll
workers, causing long waits and frustration among the electors.
Currently, county commissioners may designate any precinct as a
"mail ballot precinct" if there are less than 125 registered
This bill would allow county clerks and commissioners to use an
existing tool, designation of a precinct as "mail ballot precinct",
to address these issues when necessary. It also allows a voting
center within the precinct if desired.
Name: Rep. John Rusche
Phone: 332 1154
STATEMENT OF PURPOSE/FISCAL NOTE H 402