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H0458......................................................by STATE AFFAIRS
ELECTIONS - Amends existing law to revise when certain elections may be
held; to revise the procedure for determining the order candidates' names
appear on a ballot; to revise filing requirements for recall petitions; to
provide duties for the clerk of the district to provide a canvass for
special recall elections involving elected officers of special districts;
and to revise when a subsequent election may be held after a question
regarding the formation of a special taxing district, approval of a bond
issue or other proposal was defeated.
02/04 House intro - 1st rdg - to printing
02/05 Rpt prt - to St Aff
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
02/29 3rd rdg - FAILED - 21-45-4
AYES -- Bilbao, Boe, Bolz, Chavez, Chew, Crane, Durst, Henbest,
Jaquet, Killen, King, Kren, Pasley-Stuart, Pence, Ringo, Rusche,
Shively, Smith(30)(Stanek), Stevenson, Thomas, Trail
NAYS -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Block, Bock,
Bowers, Brackett, Bradford, Chadderdon, Clark, Collins, Eskridge,
Hagedorn, Hart, Harwood, Henderson, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Patrick, Raybould, Roberts, Ruchti, Sayler,
Schaefer, Shepherd(08), Shirley, Smith(24), Snodgrass, Thayn, Vander
Woude, Wood(27), Mr. Speaker
Absent and excused -- Black, Shepherd(02), Wills, Wood(35)
Floor Sponsor - King
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 458 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 34-106, IDAHO CODE, TO REVISE WHEN 3 INITIATIVE, REFERENDUM, RECALL, BOND, LEVY AND OTHER BALLOT QUESTION ELEC- 4 TIONS MAY BE HELD; AMENDING SECTION 34-739, IDAHO CODE, TO REVISE PROVI- 5 SIONS REGARDING COSTS OF PRESIDENTIAL PREFERENCE PRIMARY NOTICE AND BAL- 6 LOTS; AMENDING SECTION 34-903, IDAHO CODE, TO REVISE PROCEDURES FOR DETER- 7 MINING THE ORDER IN WHICH NAMES APPEAR ON BALLOTS; AMENDING SECTION 8 34-1702, IDAHO CODE, TO REVISE FILING REQUIREMENTS FOR RECALL PETITIONS; 9 AMENDING SECTION 34-1703, IDAHO CODE, TO REVISE THE FORM OF THE RECALL 10 PETITION; AMENDING SECTION 34-1704, IDAHO CODE, TO PROVIDE DUTIES FOR THE 11 CLERK OF THE DISTRICT; AMENDING SECTION 34-1706, IDAHO CODE, TO PROVIDE 12 DUTIES FOR THE CLERK OF THE DISTRICT; AMENDING SECTION 34-1707, IDAHO 13 CODE, TO PROVIDE DUTIES OF THE CLERK OF THE DISTRICT; AMENDING SECTION 14 34-1711, IDAHO CODE, TO REVISE WHEN THE CANVASS SHALL OCCUR FOR SPECIAL 15 RECALL ELECTIONS INVOLVING ELECTED OFFICERS OF SPECIAL DISTRICTS AND TO 16 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 34-1715, IDAHO CODE, TO PRO- 17 VIDE DUTIES OF THE CLERK OF THE DISTRICT; AMENDING SECTION 34-2419, IDAHO 18 CODE, TO REVISE PROCEDURES FOR DETERMINING THE ORDER IN WHICH NAMES APPEAR 19 ON BALLOTS; AND AMENDING SECTION 63-1309, IDAHO CODE, TO REVISE WHEN A 20 SUBSEQUENT ELECTION MAY BE HELD AFTER A QUESTION REGARDING THE FORMATION 21 OF A SPECIAL TAXING DISTRICT, THE APPROVAL OF A BOND ISSUE OR OTHER PRO- 22 POSAL WAS DEFEATED AND TO MAKE TECHNICAL CORRECTIONS. 23 Be It Enacted by the Legislature of the State of Idaho: 24 SECTION 1. That Section 34-106, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 34-106. LIMITATION UPON ELECTIONS. On and after January 1, 1994, notwith- 27 standing any other provisions of the law to the contrary, there shall be no 28 more than four (4) elections conducted in any county in any calendar year, 29 except as provided in this section, and except that elections to fill vacan- 30 cies in the United States house of representatives shall be held as provided 31 in the governor's proclamation. 32 (1) The dates on which elections may be conducted are: 33 (a) the first Tuesday in February of each year; and 34 (b) the fourth Tuesday in May of each year; and 35 (c) the first Tuesday in August of each year; and 36 (d) the Tuesday following the first Monday in November of each year. 37 (e) In addition to the elections specified in paragraphs (a) through (d) 38 of this subsection, an emergency election may be called upon motion of the 39 governing board of a political subdivision. An emergency exists when there 40 is a great public calamity, such as an extraordinary fire, flood, storm, 41 epidemic, or other disaster, or if it is necessary to do emergency work to 42 prepare for a national or local defense, or it is necessary to do emer- 43 gency work to safeguard life, health or property. Such a special election, 2 1 if conducted by the county clerk, shall be conducted at the expense of the 2 political subdivision submitting the question. 3 (2) Candidates for office elected in February, May or August shall take 4 office on the date specified in the certificate of election but not more than 5 sixty (60) days following the election. 6 (3) Candidates for office elected in November shall take office as pro- 7 vided in the constitution, or on January 1, next succeeding the November elec- 8 tion. 9 (4) The governing board of each political subdivision subject to the pro- 10 visions of this section, which, prior to January 1, 1994, conducted an elec- 11 tion for members of that governing board on a date other than a date permitted 12 in subsection (1) of this section, shall establish as the election date for 13 that political subdivision the date authorized in subsection (1) of this sec- 14 tion which falls nearest the date on which elections were previously con- 15 ducted, unless another date is established by law. 16 (5) The secretary of state is authorized to provide such assistance as 17 necessary, and to prescribe any needed rules, regulations or interpretations 18 for the conduct of election authorized under the provisions of this section. 19 (6) School districts governed by title 33, Idaho Code, but not including 20 community colleges governed by chapter 21, title 33, Idaho Code, and water 21 districts governed by chapter 6, title 42, Idaho Code, are exempt from the 22 provisions of this section. 23 (7) Initiative, referendum,andrecall, bond, levy and other ballot ques- 24 tion elections conducted by any political subdivision shall be held on the 25 nearest date authorized in subsection (1) of this section which falls more 26 than forty-five (45) days after the clerk or the governing board of the polit- 27 ical subdivision orders that suchinitiative, referendum or recallelection 28 shall be held unless otherwise provided by law. 29 SECTION 2. That Section 34-739, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 34-739. COSTS OF PRESIDENTIAL PREFERENCE PRIMARY NOTICE AND BALLOTS. 32 Whenever a presidential preference primary election is held as provided by 33 this act, separate and apart from the state primary election, the state of 34 Idaho shall assume all costs ofpublication of legal notice and ballot prepa-35ration for the presidential preference primaryholding such election. The 36 county clerk shall determine thelegal notice and ballot preparationcosts and 37 shall file a certified claim therefor which shall be examined, allowed and 38 paid as other claims against the state are paid. 39 SECTION 3. That Section 34-903, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 34-903. SECRETARY OF STATE TO PRESCRIBE FORM AND CONTENTS OF ALL BALLOTS 42 AND RELATED DOCUMENTS. (1) The secretary of state shall, in a manner consis- 43 tent with the election laws of this state, prescribe the form for all ballots, 44 absentee ballots, diagrams, sample ballots, ballot labels, voting machine 45 labels or booklets, certificates, notices, declarations of candidacy, affida- 46 vits of all types, lists, applications, poll books, tally sheets, registers, 47 rosters, statements and abstracts if required by the election laws of this 48 state. 49 (2) The secretary of state shall prescribe the arrangement of the matter 50 to be printed on each kind of ballot and label, including: 51 (a) The placement and listing of all offices, candidates and issues upon 3 1 which voting is statewide, which shall be uniform throughout the state. 2 (b) The listing of all other candidates required to file with him, and 3 the order of listing all offices and issues upon which voting is not 4 statewide. 5 (3) The names of candidates for legislative or special district offices 6 shall be printed only on the ballots and ballot labels furnished to voters of 7 such district. 8 (4) The order in which the names of all candidateswhichappear on any 9 election ballot shall berotated in the mannerdetermined by applying the 10 first letter of each candidate's last name to a random alphabet selected prior 11 to each election by the secretary of state. 12 (5) No candidate's name may appear on a ballot for more than one (1) 13 office, except that a candidate for precinct committeeman may seek one (1) 14 additional office upon the same ballot. The provisions of this subsection 15 shall not apply to the election of electors of president and vice-president of 16 the United States. 17 SECTION 4. That Section 34-1702, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 34-1702. REQUIRED SIGNATURES ON PETITION. A petition for recall of an 20 officer shall be instituted by filing with the appropriate official a verified 21 written petition requesting such recall. 22 (1) If the petition seeks recall of any of the officers named in subsec- 23 tion (1)(a) of section 34-1701, Idaho Code, the petition shall be filed with 24 the secretary of state, and must be signed by registered electors equal in 25 number to twenty percent (20%) of the number of electors registered to vote at 26 the last general election held to elect a governor. 27 (2) If the petition seeks recall of any of the officers named in subsec- 28 tion (1)(b) of section 34-1701, Idaho Code, the petition shall be filed with 29 the secretary of state, and must be signed by registered electors of the leg- 30 islative district equal in number to twenty percent (20%) of the number of 31 electors registered to vote at the last general election held in the legisla- 32 tive district at which the member was elected. 33 (3) If the petition seeks recall of any of the officers named in subsec- 34 tion (2)(a) of section 34-1701, Idaho Code, the petition shall be filed with 35 the county clerk, and must be signed by registered electors of the county 36 equal in number to twenty percent (20%) of the number of electors registered 37 to vote at the last general election held in the county for the election of 38 county officers at which the officer was elected. 39 (4) If the petition seeks recall of any of the officers named in subsec- 40 tion (3) of section 34-1701, Idaho Code, the petition shall be filed with the 41 city clerk, and must be signed by registered electors of the city equal in 42 number to twenty percent (20%) of the number of electors registered to vote at 43 the last general city election held in the city for the election of officers. 44 (5) If the petition seeks recall of any of the officers named in subsec- 45 tion (4) of section 34-1701, Idaho Code, the petition shall be filed with the 46countyclerk of thecounty wherein thedistrict.is located. If the district47is located in two (2) or more counties, the clerk in each county shall perform48the functions within that county.The petition must be signed by registered 49 electors of the district equal in number to fifty percent (50%) of the number 50 of electors who cast votes in the last election of the district. If no dis- 51 trict election has been held in the last six (6) years, the petition must be 52 signed by twenty percent (20%) of the number of electors registered to vote in 53 the district at the time the petition is filed. 4 1 SECTION 5. That Section 34-1703, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 34-1703. FORM OF PETITION. (1) The recall petition for state officers 4 other than members of the state legislature shall be in substantially the fol- 5 lowing form: 6 RECALL PETITION 7 To the honorable ...., Secretary of State for the State of Idaho: 8 We, the undersigned citizens and registered electors of the State of Idaho 9 respectfully demand that ...., holding the office of ...., be recalled by the 10 registered electors of this state for the following reasons, to-wit: 11 (setting out the reasons for recall in not more than 200 words); that a spe- 12 cial election therefor be called; that we, each for himself say: I am a regis- 13 tered elector of the State of Idaho; my residence, post office address, and 14 the date I signed this petition are correctly written after my name. 15 Signature Printed Name Residence City or Date 16 Street and Post Office 17 Number 18 (Here follow twenty numbered lines for signatures.) 19 (2) The recall petition for members of the state legislature shall be in 20 substantially the following form: 21 RECALL PETITION 22 To the honorable ...., Secretary of State for the State of Idaho: 23 We, the undersigned citizens and registered electors of Legislative Dis- 24 trict No. ...., respectfully demand that ...., holding the office of ...., be 25 recalled by the registered electors of Legislative District No. .... for the 26 following reasons, to-wit: 27 (setting out the reasons for recall in not more than 200 words); that a spe- 28 cial election therefor be called; that we, each for himself say: I am a regis- 29 tered elector of Legislative District No. ...., my residence, post office 30 address, and the date I signed this petition are correctly written after my 31 name. 32 Signature Printed Name Residence City or Date 33 Street and Post Office 34 Number 35 (Here follow twenty numbered lines for signatures.) 36 (3) The recall petition for county officers shall be in substantially the 37 following form: 38 RECALL PETITION 39 To the honorable ...., County Clerk for the County of ....: 40 We, the undersigned citizens and registered electors of the County of 41 ...., respectfully demand that ...., holding the office of ...., of the County 42 of ...., be recalled by the registered electors of the County of .... for the 43 following reasons, to-wit: 44 (setting out the reasons for recall in not more than 200 words); that a spe- 45 cial election therefor be called; that we, each for himself say: I am a regis- 46 tered elector of the County of ...., my residence, post office address, and 47 the date I signed this petition are correctly written after my name. 48 Signature Printed Name Residence City or Date 49 Street and Post Office 50 Number 51 (Here follow twenty numbered lines for signatures.) 52 (4) The recall petition for city officers shall be in substantially the 53 following form: 5 1 RECALL PETITION 2 To the honorable ...., City Clerk for the City of ....: 3 We, the undersigned citizens and registered electors of the City of ...., 4 respectfully demand that ...., holding the office of ...., of the City of 5 ...., be recalled by the registered electors of the City of .... for the fol- 6 lowing reasons, to-wit: 7 (setting out the reasons for recall in not more than 200 words); that a spe- 8 cial election therefor be called; that we, each for himself say: I am a regis- 9 tered elector of the City of ...., my residence, post office address, and the 10 date I signed this petition are correctly written after my name. 11 Signature Printed Name Residence City or Date 12 Street and Post Office 13 Number 14 (Here follow twenty numbered lines for signatures.) 15 (5) The recall petition for special district officers shall be in sub- 16 stantially the following form: 17 RECALL PETITION 18 To the honorable ....,CountyClerk of theCounty of....: 19 We, the undersigned citizens and registered electors of (here insert the 20 official name of the district), respectfully demand that ...., holding the 21 office of ..., of the (district), be recalled by the registered electors of 22 the (district) for the following reasons, to-wit: (insert the reasons for the 23 recall in two hundred (200) words or less); that a special election therefor 24 be called, that we, each for himself say: I am a registered elector of the 25 (district), my residence, post office address, and the date I signed this 26 petition are correctly written after my name. 27 Signature Printed Name Residence City or Date 28 Street and Post Office 29 Number 30 (Here follow twenty numbered lines for signatures.) 31 SECTION 6. That Section 34-1704, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 34-1704. PRINTING OF PETITION AND SHEETS FOR SIGNATURES -- TIME LIMITS 34 FOR PERFECTING PETITION. (1) Before or at the time of beginning to circulate 35 any petition for the recall of any officer subject to recall, the person or 36 persons, organization or organizations under whose authority the recall peti- 37 tion is to be circulated, shall send or deliver to the secretary of state, 38 county clerk,orcity clerk, or clerk of the district, as the case may be, a 39 copy of a prospective petition duly signed by at least twenty (20) electors 40 eligible to sign such petition. The receiving officer shall immediately exam- 41 ine the petition and specify the form and kind and size of paper on which the 42 petition shall be printed and circulated for further signatures. All petitions 43 and signature sheets for recall shall be printed on a good quality bond or 44 ledger paper of standardized size in substantial conformance within the provi- 45 sions of section 34-1703, Idaho Code. To every sheet of petitioners' signa- 46 tures shall be attached a full and correct copy of the recall petition. 47 (2) The secretary of state, county clerk,orcity clerk, or clerk of the 48 district, as the case may be, shall indicate in writing on the prospective 49 recall petition that he has approved it as to form and the date of such 50 approval. Upon approval as to form, the secretary of state, county clerk,or51 city clerk, or clerk of the district, shall inform the person or persons, 52 organization or organizations under whose authority the recall petition is to 53 be circulated, in writing, that the petition must be perfected with the 6 1 required number of certified signatures within seventy-five (75) days follow- 2 ing the date of approval as to form. Signatures on the prospective petition 3 shall not be counted toward the required number of certified signatures. Any 4 petition that has not been perfected with the required number of certified 5 signatures within the seventy-five (75) days allowed shall be declared null 6 and void ab initio in its entirety. 7 SECTION 7. That Section 34-1706, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 34-1706. EXAMINATION AND CERTIFICATION OF SIGNATURES. All petitions with 10 attached signature sheets shall be filed on the same day with the secretary of 11 state, county clerk,orcity clerk, or clerk of the district, as the case may 12 be. The secretary of state,orthe city clerk, or clerk of the district shall 13 promptly transmit the petitions and attached signature sheets to the county 14 clerk. An examination to verify whether or not the petition signers are quali- 15 fied electors shall be conducted by the county clerk as provided in section 16 34-1807, Idaho Code. This examination shall not exceed fifteen (15) business 17 days from the date of receipt of the petitions. 18 SECTION 8. That Section 34-1707, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 34-1707. SUFFICIENCY OF PETITION -- NOTIFICATION -- EFFECT OF RESIGNATION 21 -- SPECIAL ELECTION. (1) In the event that a petition filed with the secretary 22 of state is found by the secretary of state to contain the required number of 23 certified signatures, the secretary of state shall promptly, by certified 24 mail, inform the officer being recalled, and the petitioner, that the recall 25 petition is in proper form. 26 (a) If the officer being recalled resigns his office within five (5) 27 business days after notice from the secretary of state, his resignation 28 shall be accepted and the resignation shall take effect on the day it is 29 offered, and the vacancy shall be filled as provided by law. 30 (b) If the officer being recalled does not resign his office within five 31 (5) business days after notice from the secretary of state, a special 32 election shall be ordered by the secretary of state, unless he is the 33 officer being recalled, in which event the governor shall order such spe- 34 cial election. The special election must be held on the date prescribed in 35 section 34-106, Idaho Code. If the officer being recalled is one (1) spec- 36 ified in section 34-1701(1)(a), Idaho Code, the special election shall be 37 conducted statewide. If the officer being recalled is one (1) specified in 38 section 34-1701(1)(b), Idaho Code, the special election shall be conducted 39 only in the legislative district. 40 (2) In the event that a petition filed with the county clerk is found by 41 the county clerk to contain the required number of certified signatures, the 42 county clerk shall promptly, by certified mail, inform the officer being 43 recalled, and the petitioner, that the recall petition is in proper form. 44 (a) If the officer being recalled resigns his office within five (5) 45 business days after notice from the county clerk, his resignation shall be 46 accepted and the resignation shall take effect on the day it is offered, 47 and the vacancy shall be filled as provided by law. 48 (b) If the officer being recalled does not resign his office within five 49 (5) business days after notice from the county clerk, a special election 50 shall be ordered by the county clerk. The special election must be held on 51 the date prescribed in section 34-106, Idaho Code. The special election 7 1 shall be conducted countywide. 2 (3) In the event that a petition filed with thecountyclerk of the dis- 3 trict concerning the recall of an official of a special district is found by 4 thecountyclerk of the district to contain the required number of certified 5 signatures, thecountyclerk of the district shall promptly, by certified 6 mail, inform the officer being recalled, and the petitioner, and the governing 7 board and election officials of the special district that the recall petition 8 is in proper form. 9 (a) If the officer being recalled resigns his office within five (5) 10 business days after notice from thecountyclerk of the district, his res- 11 ignation shall be accepted and the resignation shall take effect on the 12 day it is offered, and the vacancy shall be filled as provided by law. 13 (b) If the officer being recalled does not resign his office within five 14 (5) business days after notice from thecountyclerk of the district, a 15 special election shall be ordered by the governing board of the special 16 district. The special election must be held on the date prescribed in sec- 17 tion 34-106, Idaho Code. The election shall be conducted by the special 18 district in the manner provided in section 34-1401, Idaho Code, and the 19 special district may contract with the county clerk as provided in section 20 34-1401, Idaho Code. 21 (4) In the event that a petition filed with a city clerk is found by the 22 city clerk to contain the required number of certified signatures, the city 23 clerk shall promptly, by certified mail, inform the officer being recalled, 24 and the petitioner, that the recall petition is in proper form. 25 (a) If the officer being recalled resigns his office within five (5) 26 business days after notice from the city clerk, his resignation shall be 27 accepted and the resignation shall take effect on the day it is offered, 28 and the vacancy shall be filled as provided by law. 29 (b) If the officer being recalled does not resign his office within five 30 (5) business days after notice from the city clerk, a special election 31 shall be ordered by the city clerk. The special election must be held on 32 the date prescribed in section 34-106, Idaho Code. The special election 33 shall be conducted citywide. 34 (5) In the event that a petition is found not to have the required number 35 of signatures, the officer shall continue in office and no new recall petition 36 may be circulated for a period of ninety (90) days against the same officer. 37 SECTION 9. That Section 34-1711, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 34-1711. CANVASS OF RETURNS.(1)The board of county commissioners shall 40 act as the board of canvassers for all special recall elections involving 41 state and county officers that involve elections held wholly or partly within 42 their county. 43 (a1) For all special recall elections involving state officers, the board 44 of county commissioners shall meet within ten (10) days after said election to 45 canvass the votes cast at such election, and shall immediately transmit to the 46 secretary of state an abstract of the votes cast. 47 (b2) Within fifteen (15) days following the special recall election held 48 to recall a state officer, the state board of canvassers shall meet and can- 49 vass the votes cast at such election, and the secretary of state shall immedi- 50 ately after the completion thereof, proclaim the results. 51 (c3) For all special recall elections involving county officers, the 52 board of county commissioners shall meet within ten (10) days after said elec- 53 tion to canvass the votes cast at such election, and the county clerk shall 8 1 immediately after the completion thereof, proclaim the results. 2 (d4) For all special recall elections involving city officers, the mayor 3 and council shall meet within six (6) days after said election to canvass the 4 votes cast at such election, and the city clerk shall immediately after the 5 completion thereof, proclaim the results. 6 (5) For all special recall elections involving elected officers of spe- 7 cial districts, the governing board of the special district shall meet within 8 six (6) days after the election to canvass the votes cast at such election, 9 and shall immediately after the completion thereof, proclaim the results. 10 SECTION 10. That Section 34-1715, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 34-1715. REFUSAL TO ACCEPT PETITION -- MANDATE -- INJUNCTION. If the sec- 13 retary of state, county clerk,orcity clerk, or clerk of the district, 14 refuses to accept and file any petition for the recall of a public officer 15 with the requisite number of eligible signatures, any citizen may apply within 16 ten (10) business days after such refusal to the district court for a writ of 17 mandamus to compel him to do so. If it shall be decided by the court that such 18 petition is legally sufficient, the secretary of state, county clerk,orcity 19 clerk, or clerk of the district shall then accept and file the recall peti- 20 tion, with a certified copy of the judgment attached thereto, as of the date 21 on which it was originally offered for filing in his office, except that the 22 time limitations required by section 34-1704(2), Idaho Code, shall begin to 23 run only as of the date of the court judgment, which shall be so stated in the 24 judgment. On a showing that the petition is not legally sufficient, the court 25 may enjoin the secretary of state, county clerk,orcity clerk, or clerk of 26 the district and all other officers from certifying or printing any official 27 ballot for a recall election. All such suits shall be advanced on the court 28 docket and heard and decided by the court as quickly as possible. Either party 29 may appeal to the court of appeals within ten (10) business days after a deci- 30 sion is rendered. The district court of the state of Idaho in and for Ada 31 County shall have jurisdiction in all cases involving the recall of state 32 officers. 33 SECTION 11. That Section 34-2419, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 34-2419. ROTATION OF NAMES OF CANDIDATES. In each primary and general 36 election when two (2) or more persons are candidates for nomination or elec- 37 tion to the same office, thecounty clerk or the clerk of a city, district or38other municipality in which voting machines or vote tally systems are used39shall rotate the names of candidates as directedorder in which the names of 40 the candidates appear on any election ballot shall be determined by applying 41 the first letter of each candidate's last name to a random alphabet selected 42 prior to each election by the secretary of state. 43 SECTION 12. That Section 63-1309, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 63-1309. SPECIAL TAXING DISTRICT OR BOND PROPOSAL DEFEATED IN ELECTION 46 BARS SUBSEQUENT ELECTIONS FOR SPECIFIED TIME -- EXCEPTION -- BOARD OF EDUCA- 47 TION MAY CONDUCT ELECTION -- MUNICIPALITIES, WATER OR SEWER DISTRICTS MAY CON- 48 DUCT BOND ELECTION. If any election has been held for the formation of any 49 special taxing district, or for the approval of any bond issue or other pro- 9 1 posal which would have resulted in a property tax levy, and the proposal sub- 2 mitted at such election was defeated, no subsequent election shall be held 3 withinsixfive (65) months from and after the date of such prior election for 4 the same or a similar purpose in any district which includes any part of the 5 area which was affected by the prior election. In the event any school build- 6 ing is destroyed or rendered unusable for school purposes by reason of fire, 7 flood or other catastrophe, and a school bond election for the purpose of the 8 replacement of such building is prohibited by the provisions of this section, 9 the state board of education shall have the power to authorize an election for 10 such purpose by order based upon a finding of such facts. The provisions of 11 this section shall not apply to school elections held solely for determining 12 property tax levies for general school purposes not involving the issuance of 13 bonds. This time requirement between elections shall not apply to municipali- 14 ties or water and/or sewer districts when bond issues are being proposed for 15 the installation or improvement of water supply systems or public sewerage 16 systems which have been deemed necessary by the Idaho state board of health 17 and welfare to bring such system or systems into conformance with state stat- 18 utes or rules of the state board of health and welfare.
STATEMENT OF PURPOSE
RS17706C1
This legislation cleans up and clarifies various laws
relating to ordering an election, election procedures, and
the filing office for the recall of special district
officers. It also clarifies the state’s responsibility for
covering the cost of the Presidential Preference Primary
Election.
FISCAL IMPACT
The legislation would eliminate an approximately $60,000
payment from the state to the counties to help offset the
cost of publishing the notice of election and ballot
preparation for that portion of the primary election that
can be attributed to the presidential preference primary
election. By replacing the current rotation of candidate
names on the ballot with ordering them based on a random
alphabet, there is a projected savings to the counties of
approximately $50,000 in each general election.
Contact: Tim Hurst, Chief Deputy
Secretary of State, Office of
334-2852
thurst@sos.idaho.gov
STATEMENT OF PURPOSE/FISCAL NOTE H 458