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H0624......................................................by STATE AFFAIRS ELECTIONS - ABSENTEE VOTERS - Amends existing law relating to elections to provide for application by certain qualified school electors for status as a permanent absentee voter; to provide for processing of such application; to provide for written application by certain registered electors to the county clerk for status as a permanent absentee voter; to provide for validation, process and tabulation of ongoing absentee ballots; to provide for termination of permanent absentee voter status; to provide for written application of any registered municipal elector to the city clerk for an official ballot; to provide for certain registered municipal electors to submit an application to the county clerk for status as a permanent absentee voter pursuant to Idaho Code; and to provide for processing of such application. 03/11 House intro - 1st rdg - to printing 03/12 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 624 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 33-406, IDAHO CODE, TO PROVIDE FOR 3 APPLICATION BY CERTAIN QUALIFIED SCHOOL ELECTORS FOR STATUS AS A PERMANENT 4 ABSENTEE VOTER AND TO PROVIDE FOR PROCESSING OF SUCH APPLICATION; AMENDING 5 SECTION 34-1002, IDAHO CODE, TO PROVIDE FOR WRITTEN APPLICATION BY CERTAIN 6 REGISTERED ELECTORS TO THE COUNTY CLERK FOR STATUS AS A PERMANENT ABSENTEE 7 VOTER, TO PROVIDE FOR VALIDATION, PROCESS AND TABULATION OF ONGOING ABSEN- 8 TEE BALLOTS, TO PROVIDE FOR TERMINATION OF PERMANENT ABSENTEE VOTER STATUS 9 AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 50-443, IDAHO 10 CODE, TO PROVIDE FOR WRITTEN APPLICATION BY ANY REGISTERED MUNICIPAL ELEC- 11 TOR TO THE CITY CLERK FOR AN OFFICIAL BALLOT, TO PROVIDE FOR CERTAIN REG- 12 ISTERED MUNICIPAL ELECTORS TO SUBMIT AN APPLICATION TO THE COUNTY CLERK 13 FOR STATUS AS A PERMANENT ABSENTEE VOTER PURSUANT TO IDAHO CODE, TO PRO- 14 VIDE FOR PROCESSING OF SUCH APPLICATION AND TO MAKE TECHNICAL CORRECTIONS. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 33-406, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 33-406. ABSENTEE VOTING. For the purposes of this section the term 19 "clerk" shall mean the clerk of the board of county commissioners whenever an 20 election involves changing the boundaries of school districts, or the creation 21 of new school districts by consolidation of districts or division of a dis- 22 trict. In all other school elections the term "clerk" shall mean the clerk of 23 the board of trustees of the school district. 24 In any school election, a qualified school elector may vote in such elec- 25 tion by absentee ballot in the manner herein provided. A qualified school 26 elector who meets the criteria provided for in section 34-1002(2), Idaho Code, 27 may apply to the county clerk for status as a permanent absentee voter pursu- 28 ant to section 34-1002(2), Idaho Code, and such application will be processed 29 in accordance with section 34-1002(1), Idaho Code. 30 Any such elector may make written application to the clerk for a ballot or 31 ballots of the kind or kinds to be voted on at such election, which applica- 32 tion shall contain the name of the elector, the trustee zone of the district 33 in which he resides, and his present address. The application for an absent 34 elector's ballot shall be filed with the clerk not later than 5:00 p.m. of the 35 day before the election. 36 The clerk receiving such application shall, not more than twenty-eight 37 (28) days prior to the day of the election, deliver to said applicant elector 38 personally or by mail to the mailing address given in the application, postage 39 prepaid, a ballot or ballots, one (1) of each kind thereof, to be voted on in 40 the election, and a form of oath of qualification. 41 The elector shall vote in secret and shall enclose his ballot or ballots 42 in an envelope to be supplied by the clerk and seal the same. The elector 43 shall then place the secrecy envelope in a return envelope, together with the 2 1 form of oath of qualification executed by him, and address and mail, or 2 deliver, the same to the clerk. The absentee ballot must be received by the 3 clerk, not later than 8:00 p.m. on the day of the election, before such ballot 4 may be counted. 5 Any elector physically unable to mark his own ballot may receive assis- 6 tance in marking his ballot from the officer delivering same or an available 7 person of his own choosing. In the event the officer is requested to render 8 assistance in marking an absent elector's ballot, the officer shall ascertain 9 the desires of the elector and shall vote the applicant's ballot accordingly. 10 No election officer or any other person assisting a disabled voter shall 11 attempt to influence the vote of such elector in any manner. 12 The written applications shall be kept by the clerk as a part of the 13 records of the election and he shall, on the day of the election and before 14 the polling places are closed, deliver to the proper board of election all 15 such envelopes together with a list, compiled and signed by him, of the elec- 16 tors making application to vote in absentia. 17 The board of election shall verify all return envelopes delivered to it by 18 the clerk against the names appearing on the said list, open the return enve- 19 lopes and examine the elector's oath. If these are found to be in order, the 20 ballots shall remain in the secrecy envelopes and be placed in the ballot box 21 in the same manner as though the elector were personally present and voting; 22 and the voter's name shall thereupon be subscribed in any polling book or 23 other record kept at such election. 24 SECTION 2. That Section 34-1002, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 34-1002. APPLICATION FOR ABSENTEE BALLOT. (1) Any registered elector may 27 make written application to the county clerk, or other proper officer charged 28 by law with the duty of issuing official ballots for such election, for an 29 official ballot or ballots of the kind or kinds to be voted at the election. 30 (a) The application shall contain the name of the elector, his home 31 address, county, and address to which such ballot shall be forwarded. 32 (b) The application for an absent elector's ballot shall be signed per- 33 sonally by the applicant. 34 (c) The application for a mail-in absentee ballot shall be received by 35 the county clerk not later than 5:00 p.m. on the sixth day before the 36 election. 37 (d) An application for in person absentee voting at the absent elector's 38 polling place described in section 34-1006, Idaho Code, shall be received 39 by the county clerk not later than 5:00 p.m. on the day before the elec- 40 tion. 41 (e) Application for an absentee ballot may be made by using a facsimile 42 machine. 43 (f) In the event a registered elector is unable to vote in person at his 44 designated polling place on the day of election because of an emergency 45 situation which rendered him physically unable, he may nevertheless apply 46 for an absent elector's ballot on the day of election by notifying the 47 county clerk. No person,may, however, be entitled to vote under an emer- 48 gency situation unless the situation claimed rendered him physically 49 unable to vote at his designated polling place within forty-eight (48) 50 hours prior to the closing of the polls. 51 (2) Any registered elector who is a person with a disability, serving 52 full time in the military service of the United States or serving as a full- 53 time missionary may make written application to the county clerk for status as 3 1 a permanent absentee voter. The county clerk shall notify each political sub- 2 division of an elector's status as a permanent absentee voter pursuant to sec- 3 tion 34-1408, Idaho Code. Each qualified registered permanent absentee voter 4 applicant shall automatically receive an absentee ballot for each election for 5 which the elector is entitled to vote and need not submit a separate request 6 for each election. 7 (a) Ballots received from permanent absentee voters shall be validated, 8 processed and tabulated in the same manner as other absentee ballots. 9 (b) Status as a permanent absentee voter shall be terminated upon any of 10 the following events: 11 (i) The written request of the voter; 12 (ii) The death or disqualification of the voter; 13 (iii) The cancellation of the voter's registration record; 14 (iv) The return of an ongoing absentee ballot as undeliverable; 15 (v) The termination of full-time United States military service; or 16 (vi) The termination of full-time missionary service. 17 (c) In this section, "person with a disability" means a person with a 18 disability as defined in section 49-117, Idaho Code. 19 (3) A person may make application for an absent elector's ballot by use 20 of a properly executed federalpostcardpost card application as provided for 21 in the laws of the United States known as Uniformed and Overseas Citizens 22 Absentee Voting Act (UOCAVA, 42 U.S.C. 1973ff, et seq.). 23 (a) A properly executed federalpostcardpost card application 24 (F.P.C.A.),shall be considered as a request for an absent elector's bal- 25 lot through the next two (2) regularly scheduled general elections for 26 federal office following receipt of the application. 27 (b) The issuing officer shall keep as a part of the records of his office 28 a list of all applications so received and of the manner and time of 29 delivery or mailing to and receipt of returned ballot. 30 (c) The county clerk shall, not later than seventy-five (75) days after 31 the date of each general election, submit a report to the secretary of 32 state containing information concerning absentee voters as required by 33 federal law. 34 SECTION 3. That Section 50-443, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 50-443. APPLICATION FOR ABSENTEE BALLOT. (1) Any registered municipal 37 elector may make written application to the city clerk for an official ballot 38 or ballots of the kind or kinds to be voted at the election. 39 (a) The application shall contain the name of the elector, his home 40 address and address to which such ballot shall be forwarded. 41 (b) The application for an absent elector's ballot shall be signed per- 42 sonally by the applicant. 43 (c) The application for a mail-in absentee ballot shall be received by 44 the city clerk not later than 5:00 p.m. on the sixth day before the elec- 45 tion. 46 (d) An application for in person absentee voting at the absent elector's 47 polling place described in section 50-448, Idaho Code, shall be received 48 by the city clerk not later than 5:00 p.m. on the day before the election. 49 (e) Application for an absentee ballot may be made by using a facsimile 50 machine. 51 (f) In the event a registered municipal elector is unable to vote in per- 52 son at his designated polling place on the day of election because of an 53 emergency situation which rendered him physically unable, he may neverthe- 4 1 less apply for an absent elector's ballot on the day of election by noti- 2 fying the city clerk. No person,may, however, be entitled to vote under 3 an emergency situation unless the situation claimed rendered him physi- 4 cally unable to vote at his designated polling place within forty-eight 5 (48) hours prior to the closing of the polls. 6 (2) A registered municipal elector who meets the criteria provided for in 7 section 34-1002(2), Idaho Code, may submit an application to the county clerk 8 for status as a permanent absentee voter pursuant to section 34-1002(2), Idaho 9 Code, and such application will be processed in accordance with section 10 34-1002(1), Idaho Code. 11 (3) A person in the United States service may make application for an 12 absent elector's ballot by use of a properly executed federalpostcardpost 13 card application as provided for in the laws of the United States known as 14"Federal Voting Assistance Act of 1955."Uniformed and Overseas Citizens 15 Absentee Voting Act (UOCAVA, 42 U.S.C. 1973ff, et seq.). The issuing officer 16 shall keep as a part of the records of his office a list of all applications 17 so received and of the manner and time of delivery or mailing to and receipt 18 of returned ballot.
STATEMENT OF PURPOSE
RS 18017
The purpose of this legislation is to allow for permanent absentee
ballot status for individuals who are disabled, who are serving
full time in the military or who are full time missionaries.
FISCAL NOTE
No fiscal impact.
Contact
Name: Representative Tom Loertscher
Phone: (208)332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 624