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S1514......................................................by STATE AFFAIRS
CANDIDATE NAMES - Adds to existing law relating to candidate names to
provide duties of the Secretary of State or county clerk when a candidate
has changed his or her name to words that convey or attempt to convey a
political message.
03/24 Senate intro - 1st rdg - to printing
Rpt prt - to St Aff
Rpt out - rec d/p - to 2nd rdg
Rls susp - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon), Geddes,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Burkett, Goedde
Floor Sponsor - Davis
Title apvd - to House
03/25 House intro - 1st rdg - to St Aff
03/27 Rpt out - rec d/p - to 2nd rdg
03/28 2nd rdg - to 3rd rdg
Rls susp - PASSED - 64-2-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, Kren, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thomas,
Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker
NAYS -- Durst, Thayn
Absent and excused -- King, Labrador, McGeachin, Wills
Floor Sponsor - Vander Woude
Title apvd - to Senate
03/31 To enrol
04/01 Rpt enrol - Pres signed - Sp signed - To Governor
04/11 Governor signed
Session Law Chapter 408
Effective: 04/11/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1514 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; TO PROVIDE LEGISLATIVE FINDINGS RELATING TO A PERSON 3 WHO CHANGES THEIR NAME TO THAT OF A POLITICAL MESSAGE AND SEEKS TO HAVE 4 THAT POLITICAL MESSAGE PLACED ON THE BALLOT AS A CANDIDATE; AMENDING CHAP- 5 TER 9, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-903A, 6 IDAHO CODE, TO PROVIDE DUTIES OF THE SECRETARY OF STATE OR COUNTY CLERK 7 WHEN A PERSON HAS FILED AS A CANDIDATE AND THE PERSON HAS CHANGED THEIR 8 NAME TO WORDS THAT CONVEY OR ATTEMPT TO CONVEY A POLITICAL MESSAGE AND TO 9 PROVIDE FOR A NOTATION ON THE BALLOT IF CERTAIN CRITERIA ARE MET; AND 10 DECLARING AN EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. LEGISLATIVE FINDINGS. The Legislature finds that: 13 (1) The state has a compelling state interest in the matters described 14 herein; 15 (2) The protection of the integrity and fairness of the ballot is inte- 16 gral to the protection of the right to vote; 17 (3) Ballots serve primarily to elect candidates not as fora for political 18 expression; 19 (4) Neither the state, a political party, nor a candidate has the right 20 to send a particularized political message on the ballot; 21 (5) Permitting candidates to convey or place a political message on the 22 ballot by use of a changed name without explanation undermines ballot integ- 23 rity by transforming the ballot from a means of choosing candidates to a bill- 24 board for political advertising; 25 (6) To mix names of candidates with apparent political propositions is 26 confusing to voters and will directly affect the integrity of the ballot, 27 cause spoiled ballots due to double votes for the same office and potentially 28 produce a result not intended by voters; 29 (7) It is necessary for the purpose of eliminating confusion to clarify 30 the ballot and to advise voters that the vote to be cast is for a person and 31 not a political proposition; and 32 (8) As a result of all of the above, it is appropriate to clarify the 33 ballot with an explanation that voters are casting a vote for a person and not 34 a political proposition. 35 SECTION 2. That Chapter 9, Title 34, Idaho Code, be, and the same is 36 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 37 ignated as Section 34-903A, Idaho Code, and to read as follows: 38 34-903A. NAME ON BALLOT. Should it appear to the secretary of state or 39 county clerk that a person has filed as a candidate and that such person has 40 changed their name and has changed their name to words that convey or attempt 41 to convey a political message, the secretary of state or county clerk shall 42 make an inquiry to determine: (i) if such person has changed their name; and 2 1 (ii) if such name contains words that convey a political message to voters on 2 the ballot; and (iii) if an explanation on the ballot would clarify the ballot 3 and would assist in eliminating voter confusion. If the secretary of state or 4 county clerk finds affirmatively that all three (3) criteria have been met, 5 the secretary of state or county clerk shall be required to note on the ballot 6 immediately following the name that appears to be a political proposition the 7 following statement in parentheses: ( A person, formerly known as ...... 8 ........), inserting in the blank within the parentheses the name by which the 9 candidate who changed their name was formerly known. 10 SECTION 3. An emergency existing therefor, which emergency is hereby 11 declared to exist, this act shall be in full force and effect on and after its 12 passage and approval.
STATEMENT OF PURPOSE
RS18140C2
This legislation protects the integrity of the voting process
by clarifying on the ballot that voters are casting a vote for a
person and not a political proposition or using the ballot for
political advertising.
FISCAL IMPACT
None.
Contact
Name: Ben Ysursa
Phone: 334-2300
STATEMENT OF PURPOSE/FISCAL NOTE S 1514