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H0413......................................................by STATE AFFAIRS ELECTIONS - ABSENTEE VOTERS - Amends existing law relating to elections to provide for application by a qualified school elector for status as a permanent absentee voter; to provide for written application by any registered elector 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; and to provide for any registered municipal elector to submit an application to the county clerk for status as a permanent voter. 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 - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 413 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 33-406, IDAHO CODE, TO PROVIDE FOR 3 APPLICATION BY A QUALIFIED SCHOOL ELECTOR FOR STATUS AS A PERMANENT ABSEN- 4 TEE VOTER AND TO PROVIDE FOR PROCESSING OF SUCH APPLICATION; AMENDING SEC- 5 TION 34-1002, IDAHO CODE, TO PROVIDE FOR WRITTEN APPLICATION BY ANY REGIS- 6 TERED ELECTOR 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 ANY REGIS- 12 TERED MUNICIPAL ELECTOR TO SUBMIT AN APPLICATION TO THE COUNTY CLERK FOR 13 STATUS AS A PERMANENT VOTER PURSUANT TO IDAHO CODE, TO PROVIDE FOR PROC- 14 ESSING 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 may apply to the county clerk for status as a permanent absentee voter 27 pursuant to section 34-1002(2), Idaho Code, and such application will be proc- 28 essed in accordance with section 34-1002(1), Idaho Code. 29 Any such elector may make written application to the clerk for a ballot or 30 ballots of the kind or kinds to be voted on at such election, which applica- 31 tion shall contain the name of the elector, the trustee zone of the district 32 in which he resides, and his present address. The application for an absent 33 elector's ballot shall be filed with the clerk not later than 5:00 p.m. of the 34 day before the election. 35 The clerk receiving such application shall, not more than twenty-eight 36 (28) days prior to the day of the election, deliver to said applicant elector 37 personally or by mail to the mailing address given in the application, postage 38 prepaid, a ballot or ballots, one (1) of each kind thereof, to be voted on in 39 the election, and a form of oath of qualification. 40 The elector shall vote in secret and shall enclose his ballot or ballots 41 in an envelope to be supplied by the clerk and seal the same. The elector 42 shall then place the secrecy envelope in a return envelope, together with the 43 form of oath of qualification executed by him, and address and mail, or 2 1 deliver, the same to the clerk. The absentee ballot must be received by the 2 clerk, not later than 8:00 p.m. on the day of the election, before such ballot 3 may be counted. 4 Any elector physically unable to mark his own ballot may receive assis- 5 tance in marking his ballot from the officer delivering same or an available 6 person of his own choosing. In the event the officer is requested to render 7 assistance in marking an absent elector's ballot, the officer shall ascertain 8 the desires of the elector and shall vote the applicant's ballot accordingly. 9 No election officer or any other person assisting a disabled voter shall 10 attempt to influence the vote of such elector in any manner. 11 The written applications shall be kept by the clerk as a part of the 12 records of the election and he shall, on the day of the election and before 13 the polling places are closed, deliver to the proper board of election all 14 such envelopes together with a list, compiled and signed by him, of the elec- 15 tors making application to vote in absentia. 16 The board of election shall verify all return envelopes delivered to it by 17 the clerk against the names appearing on the said list, open the return enve- 18 lopes and examine the elector's oath. If these are found to be in order, the 19 ballots shall remain in the secrecy envelopes and be placed in the ballot box 20 in the same manner as though the elector were personally present and voting; 21 and the voter's name shall thereupon be subscribed in any polling book or 22 other record kept at such election. 23 SECTION 2. That Section 34-1002, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 34-1002. APPLICATION FOR ABSENTEE BALLOT. (1) Any registered elector may 26 make written application to the county clerk, or other proper officer charged 27 by law with the duty of issuing official ballots for such election, for an 28 official ballot or ballots of the kind or kinds to be voted at the election. 29 (a) The application shall contain the name of the elector, his home 30 address, county, and address to which such ballot shall be forwarded. 31 (b) The application for an absent elector's ballot shall be signed per- 32 sonally by the applicant. 33 (c) The application for a mail-in absentee ballot shall be received by 34 the county clerk not later than 5:00 p.m. on the sixth day before the 35 election. 36 (d) An application for in person absentee voting at the absent elector's 37 polling place described in section 34-1006, Idaho Code, shall be received 38 by the county clerk not later than 5:00 p.m. on the day before the elec- 39 tion. 40 (e) Application for an absentee ballot may be made by using a facsimile 41 machine. 42 (f) In the event a registered elector is unable to vote in person at his 43 designated polling place on the day of election because of an emergency 44 situation which rendered him physically unable, he may nevertheless apply 45 for an absent elector's ballot on the day of election by notifying the 46 county clerk. No person, may, however, be entitled to vote under an emer- 47 gency situation unless the situation claimed rendered him physically 48 unable to vote at his designated polling place within forty-eight (48) 49 hours prior to the closing of the polls. 50 (2) Any registered elector may make written application to the county 51 clerk for status as a permanent absentee voter. The county clerk shall notify 52 each political subdivision of an elector's status as a permanent absentee 53 voter pursuant to section 34-1408, Idaho Code. Each qualified registered per- 3 1 manent absentee voter applicant shall automatically receive an absentee ballot 2 for each election for which the elector is entitled to vote and need not sub- 3 mit a separate request for each election. 4 (a) Ballots received from permanent absentee voters shall be validated, 5 processed and tabulated in the same manner as other absentee ballots. 6 (b) Status as a permanent absentee voter shall be terminated upon any of 7 the following events: 8 (i) The written request of the voter; 9 (ii) The death or disqualification of the voter; 10 (iii) The cancellation of the voter's registration record; or 11 (iv) The return of an ongoing absentee ballot as undeliverable. 12 (3) A person may make application for an absent elector's ballot by use 13 of a properly executed federal postcard application as provided for in the 14 laws of the United States known as Uniformed and Overseas Citizens Absentee 15 Voting Act (UOCAVA, 42 U.S.C. 1973ff, et seq.). 16 (a) A properly executed federalpostcardpost card application 17 (F.P.C.A.), shall be considered as a request for an absent elector's bal- 18 lot through the next two (2) regularly scheduled general elections for 19 federal office following receipt of the application. 20 (b) The issuing officer shall keep as a part of the records of his office 21 a list of all applications so received and of the manner and time of 22 delivery or mailing to and receipt of returned ballot. 23 (c) The county clerk shall, not later than seventy-five (75) days after 24 the date of each general election, submit a report to the secretary of 25 state containing information concerning absentee voters as required by 26 federal law. 27 SECTION 3. That Section 50-443, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 50-443. APPLICATION FOR ABSENTEE BALLOT. (1) Any registered municipal 30 elector may make written application to the city clerk for an official ballot 31 or ballots of the kind or kinds to be voted at the election. 32 (a) The application shall contain the name of the elector, his home 33 address and address to which such ballot shall be forwarded. 34 (b) The application for an absent elector's ballot shall be signed per- 35 sonally by the applicant. 36 (c) The application for a mail-in absentee ballot shall be received by 37 the city clerk not later than 5:00 p.m. on the sixth day before the elec- 38 tion. 39 (d) An application for in person absentee voting at the absent elector's 40 polling place described in section 50-448, Idaho Code, shall be received 41 by the city clerk not later than 5:00 p.m. on the day before the election. 42 (e) Application for an absentee ballot may be made by using a facsimile 43 machine. 44 (f) In the event a registered elector is unable to vote in person at his 45 designated polling place on the day of election because of an emergency 46 situation which rendered him physically unable, he may nevertheless apply 47 for an absent elector's ballot on the day of election by notifying the 48 city clerk. No person, may, however, be entitled to vote under an emer- 49 gency situation unless the situation claimed rendered him physically 50 unable to vote at his designated polling place within forty-eight (48) 51 hours prior to the closing of the polls. 52 (2) Any registered municipal elector may submit an application to the 53 county clerk for status as a permanent absentee voter pursuant to section 4 1 34-1002(2), Idaho Code, and such application will be processed in accordance 2 with section 34-1002(1), Idaho Code. 3 (3) A person in the United States service may make application for an 4 absent elector's ballot by use of a properly executed federal postcard appli- 5 cation as provided for in the laws of the United States known as"Federal Vot-6ing Assistance Act of 1955."Uniformed and Overseas Citizens Absentee Voting 7 Act (UOCAVA, 42 U.S.C. 1973ff, et seq.). The issuing officer shall keep as a 8 part of the records of his office a list of all applications so received and 9 of the manner and time of delivery or mailing to and receipt of returned bal- 10 lot.
STATEMENT OF PURPOSE
RS 17435C1
The purpose of this legislation is to give absentee voters the option of
applying for status as a permanent absentee voter in all elections for which
they are qualified. The current procedure for making application as an
absentee voter will not be altered, except for an additional box on the
application that can be marked indicating the voter's desire to seek permanent
absentee voting status. The county clerk will inform all applicable taxing
districts as to the voter's status to ensure they receive the proper ballots.
All returned ballots will be processed in the same manner as absentee ballots
are today. The voter loses his status as a permanent absentee voter upon his
request, death, disqualification, cancellation of voter registration, or when
a ballot is returned as undeliverable. In addition, the legislation also
codifies access to absentee ballots by military servicemen and women.
Exercising this option is voter driven and initiated. The voter request an
application and return it to the county clerk before receiving any ballots.
This measure will better serve those voters who must or choose to always vote
absentee.
FISCAL NOTE
There will be no fiscal impact to the state's general fund. For those taxing
districts experiencing an increase in absentee ballot requests, there will be
some increases in postage and printing costs. Future cost savings may be
realized as the election process is streamlined.
Contact:
Daniel G. Chadwick, Idaho Association of Counties
Tony Poinelli, Sharon Burke, Kerry Ellen Elliott
Phone: (208)345-9126
Sponsors:
Rep Carol Bilbao (208)332-1000
Rep Branden Durst (208)332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 413