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H0612aa....................................................by STATE AFFAIRS POLITICAL PARTIES - Amends and repeals existing law relating to political parties to provide for conduct of any subsequent convention by party rule; to remove a requirement that a political party convention be held; to revise a requirement for the conduct of state party conventions; to permit the writing and adoption of rules and regulations governing the conduct of conventions; to remove an alternative for casting a presidential preference primary ballot for an uncommitted delegation; deletes existing law relating to a candidate's list of proposed delegates to the national convention; removes a requirement for certification by the Secretary of State of votes for an uncommitted delegation and requirement for the selection of delegates and alternatives at party conventions; and deletes existing law relating to uncommitted delegates. 03/10 House intro - 1st rdg - to printing 03/11 Rpt prt - to St Aff 03/17 Rpt out - to Gen Ord 03/19 Rpt out amen - to engros Rpt engros - 1st rdg - to 2nd rdg as amen 03/20 2nd rdg - to 3rd rdg as amen 03/21 3rd rdg as amen - PASSED - 49-16-5 AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Clark, Collins, Eskridge, Hagedorn, Hart, Harwood, Henderson, King, Kren, Labrador, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Patrick, Pence, Raybould, Roberts, Shepherd(02), Shepherd(08), Shirley, Smith(24), Stevenson, Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- Bock, Chavez, Chew, Crane, Durst, Henbest, Jaquet, Killen, LeFavour, Pasley-Stuart, Ringo, Sayler, Shively, Smith(30), Snodgrass, Trail Absent and excused -- Anderson, Lake, Ruchti, Rusche, Schaefer Floor Sponsor - Loertscher Title apvd - to Senate 03/24 Senate intro - 1st rdg - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 612 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO POLITICAL PARTIES; AMENDING SECTION 34-501, IDAHO CODE, TO REMOVE 3 REQUIREMENT FOR A NEWLY CERTIFIED POLITICAL PARTY TO HOLD A CONVENTION AND 4 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 34-707, IDAHO CODE, TO 5 REMOVE REQUIREMENT THAT A POLITICAL PARTY CONVENTION BE HELD AND TO REVISE 6 REQUIREMENT FOR THE CONDUCT OF STATE PARTY CONVENTION AND TO PERMIT THE 7 WRITING AND ADOPTION OF RULES AND REGULATIONS GOVERNING THE CONDUCT OF 8 CONVENTIONS; AMENDING SECTION 34-734, IDAHO CODE, TO REMOVE AN ALTERNATIVE 9 FOR CASTING A PRESIDENTIAL PREFERENCE PRIMARY BALLOT FOR AN UNCOMMITTED 10 DELEGATION AND TO MAKE A TECHNICAL CORRECTION; REPEALING SECTION 34-735, 11 IDAHO CODE, RELATED TO CANDIDATE'S LIST OF PROPOSED DELEGATES TO NATIONAL 12 CONVENTION; AMENDING SECTION 34-736, IDAHO CODE, TO REMOVE REQUIREMENT FOR 13 CERTIFICATION BY THE SECRETARY OF STATE OF VOTES FOR AN UNCOMMITTED DELE- 14 GATION AND TO REMOVE REQUIREMENT FOR THE SELECTION OF DELEGATES AND ALTER- 15 NATIVES AT PARTY CONVENTIONS; REPEALING SECTION 34-737, IDAHO CODE, RELAT- 16 ING TO UNCOMMITTED DELEGATES; AND DECLARING AN EMERGENCY. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 34-501, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 34-501. "POLITICAL PARTY" DEFINED -- PROCEDURES FOR CREATION OF A POLITI- 21 CAL PARTY. (1) A "political party" within the meaning of this act, is an orga- 22 nization of electors under a given name. A political party shall be deemed 23 created and qualified to participate in elections in any of the following 24 three (3) ways: 25 (a) By having three (3) or more candidates for state or national office 26 listed under the party name at the last general election, provided that 27 those individuals seeking the office of president, vice president and 28 president elector shall be considered one (1) candidate,; or 29 (b) By polling at the last general election for any one (1) of its candi- 30 dates for state or national office at least threeper centpercent (3%) of 31 the aggregate vote cast for governor or for presidential electors. 32 (c) By an affiliation of electors who shall have signed a petition which 33 shall: 34 (A) State the name of the proposed party in not more than six (6) 35 words; 36 (B) State that the subscribers thereto desire to place the proposed 37 party on the ballot; 38 (C) Have attached thereto a sheet or sheets containing the signa- 39 tures of at least a number of qualified electors equal to twoper40centpercent (2%) of the aggregate vote cast for presidential elec- 41 tors in the state at the previous general election at which presiden- 42 tial electors were chosen; 43 (D) Be filed with the secretary of state on or before August 30 of 2 1 even-numbered years; 2 (E) The format of the signature petition sheets shall be prescribed 3 by the secretary of state and shall be patterned after, but not lim- 4 ited to, such sheets as used for state initiative and referendum mea- 5 sures; 6 (F) The petitions and signatures so submitted shall be verified in 7 the manner prescribed in section 34-1807, Idaho Code. 8 (G) The petition shall be circulated no earlier than August 30 of 9 the year preceding the general election. 10 (2) Upon certification by the secretary of state that the petition has 11 met the requirements of this act such party shall, under the party name 12 chosen, have all the rights of a political party whose ticket shall have been 13 on the ballot at the preceding general election. 14The newly certified party shall proceed to hold a state convention in the15manner provided by law; provided, that at the initial convention of any such16political party, all members of the party shall be entitled to attend the con-17vention and participate in the election of officers and the nominations of18candidates. Thereafter the conduct of any subsequent convention shall be as19provided by law.20 SECTION 2. That Section 34-707, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 34-707. PARTY CONVENTIONS. A state conventionshallmay be held by each 23 political party in each election year at a time and place determined by the 24 state central committee.The state central committee chairman shall preside25and cause notice to be given to each legislative district central committee26and each county central committee at the earliest possible date.27EachIn the event a political party chooses to hold a state convention, 28shallthe convention may write and adopt rules and regulations governing the 29 conduct oftheir respectiveits conventions. 30 Attheirits conventioneacha political party may: 31 (1) Adopt and write a party platform. 32 (2) Elect any desired officers not otherwise provided for by law. 33 (3) In the year of presidential elections (a) elect delegates to the 34 national convention in the manner prescribed by national party rules; (b) 35 elect a national committeeman and a national committeewoman; and (c) select 36 presidential electors. 37 (4) Adopt rules, regulations and directives regarding party policies, 38 practices and procedures. 39 SECTION 3. That Section 34-734, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 34-734. VOTING IN PRESIDENTIAL PRIMARY. At a presidential preference pri- 42 mary, qualified electors may vote for candidates for nomination for president 43 of the United States from among the candidates of one (1) political party 44 only. The elector shall be able to cast his ballot for one (1) of the presi- 45 dential candidates of his party, or for "none of the names shown." A vote of46the latter kind shall express the preference for an uncommitted delegation47from Idaho to the national convention of that elector's party. 48 SECTION 4. That Section 34-735, Idaho Code, be, and the same is hereby 49 repealed. 3 1 SECTION 5. That Section 34-736, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 34-736. DELEGATES TO NATIONAL CONVENTION. (1) Upon completion of the 4 state canvass of the results of the presidential primary, the secretary of 5 state shall certify to the state chairman of each political party participat- 6 ing in the presidential primary the number of votes received by each candidate 7 of thatparty and the number of votes for an uncommitted delegation received8by thatparty. 9 (2) Each political party shall then select as many delegates and alter- 10 nates to the national party convention as are allotted to it by the national 11 committee of that party, according to the provisions of the following subsec-12tions of this section.13(3) Eighty per cent (80%) of such delegates and eighty per cent (80%) of14such alternates to a national party convention shall be selected by a party at15its state convention, oras the party rulesotherwiseprovide., from among:16(a) The persons named on the lists of proposed delegates to the national17conventions filed with the secretary of state by that party's respective can-18didates for nomination by the party for president of the United States; and19(b) The persons selected by that party at its state convention, or as the20party rules otherwise provide, to comprise any uncommitted delegation.21(4) The number of delegates and the number of alternates selected by a22party from a candidate's list of proposed delegates, or selected by that party23to comprise any uncommitted delegation, shall bear the same proportion to24eighty per cent (80%) of the total number of delegates and alternates allotted25to such party as the total vote received by such candidate or uncommitted del-26egation bears to the total combined vote cast in said primary election for all27candidates and uncommitted delegation, if any, receiving more than five per28cent (5%) of the votes cast for that party. Upon determination of the number29of delegates and alternates that shall be selected from each candidate's list30of proposed delegates and that shall be selected to comprise an uncommitted31delegation, if any, the party shall then select delegates and alternates to32that party's national convention in that respective number from each such list33and to comprise the uncommitted delegation, if any. The delegates and alter-34nates comprising any such uncommitted delegation shall be selected as the35party rules determine.36(5) Twenty per cent (20%) of the delegates and twenty per cent (20%) of37the alternates to a national party convention as are allotted to a party by38the national committee of that party shall be selected as delegates and alter-39nates to the national convention of that party as the party rules may deter-40mine.41(6) In the event a candidate in the presidential preference primary fails42to file with the secretary of state a list of proposed delegates to his43party's national convention, or to the extent that such list of proposed dele-44gates provided by such candidate fails to name a sufficient number of persons45qualified for the office of delegate, such number of delegates and alternates,46as would be selected from said candidate's list of proposed delegates accord-47ing to the election results, shall be selected by the party as delegates and48alternates to that party's national convention, as the party rules may deter-49mine.50(7) When selecting a delegate or an alternate from a candidate's list of51proposed delegates, as provided for in this section, the party shall have the52authority to select any qualified person on that list for the office of such53delegate or alternate.54(8) In calculating the apportionment of delegate votes in conjunction4 1with the selection of delegates and alternates, as provided for in this sec-2tion, such proportions of delegate votes shall be expressed as decimal-3fractional votes or the nearest whole number of delegate votes as the rules of4the particular national party or convention may provide.5(9) There shall be no unit rule applied to or by the delegation of any6party to that party's national convention. No party or delegation shall commit7or instruct delegates and alternates selected from that party's candidates'8lists of proposed delegates or selected as uncommitted delegates and alter-9nates. Other delegates and alternates may be committed and/or instructed as10the party rules may provide.11 SECTION 6. That Section 34-737, Idaho Code, be, and the same is hereby 12 repealed. 13 SECTION 7. An emergency existing therefor, which emergency is hereby 14 declared to exist, this act shall be in full force and effect on and after its 15 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Luker Seconded by Stevenson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 612 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, delete lines 14 through 19 and insert: 3 "The newly certified party shall proceed to hold a state convention in the 4 manner provided by law; provided, that at the initial convention of any such 5 political party, all members of the party shall be entitled to attend the con- 6 vention and participate in the election of officers and the nominations of 7 candidates. Thereafter the conduct of any subsequent convention shall be as 8 provided bylawparty rule.". 9 AMENDMENT TO THE BILL 10 On page 4, delete lines 13 through 15. 11 CORRECTIONS TO TITLE 12 On page 1, in line 2, delete "REMOVE"; delete line 3 and insert: "PROVIDE 13 FOR CONDUCT OF ANY SUBSEQUENT CONVENTION BY PARTY RULE AND"; in line 15, fol- 14 lowing "CONVENTIONS;" insert: "AND"; and in line 16, delete "; AND DECLARING 15 AN EMERGENCY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 612, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO POLITICAL PARTIES; AMENDING SECTION 34-501, IDAHO CODE, TO PROVIDE 3 FOR CONDUCT OF ANY SUBSEQUENT CONVENTION BY PARTY RULE AND TO MAKE TECHNI- 4 CAL CORRECTIONS; AMENDING SECTION 34-707, IDAHO CODE, TO REMOVE REQUIRE- 5 MENT THAT A POLITICAL PARTY CONVENTION BE HELD AND TO REVISE REQUIREMENT 6 FOR THE CONDUCT OF STATE PARTY CONVENTION AND TO PERMIT THE WRITING AND 7 ADOPTION OF RULES AND REGULATIONS GOVERNING THE CONDUCT OF CONVENTIONS; 8 AMENDING SECTION 34-734, IDAHO CODE, TO REMOVE AN ALTERNATIVE FOR CASTING 9 A PRESIDENTIAL PREFERENCE PRIMARY BALLOT FOR AN UNCOMMITTED DELEGATION AND 10 TO MAKE A TECHNICAL CORRECTION; REPEALING SECTION 34-735, IDAHO CODE, 11 RELATED TO CANDIDATE'S LIST OF PROPOSED DELEGATES TO NATIONAL CONVENTION; 12 AMENDING SECTION 34-736, IDAHO CODE, TO REMOVE REQUIREMENT FOR CERTIFICA- 13 TION BY THE SECRETARY OF STATE OF VOTES FOR AN UNCOMMITTED DELEGATION AND 14 TO REMOVE REQUIREMENT FOR THE SELECTION OF DELEGATES AND ALTERNATIVES AT 15 PARTY CONVENTIONS; AND REPEALING SECTION 34-737, IDAHO CODE, RELATING TO 16 UNCOMMITTED DELEGATES. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Section 34-501, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 34-501. "POLITICAL PARTY" DEFINED -- PROCEDURES FOR CREATION OF A POLITI- 21 CAL PARTY. (1) A "political party" within the meaning of this act, is an orga- 22 nization of electors under a given name. A political party shall be deemed 23 created and qualified to participate in elections in any of the following 24 three (3) ways: 25 (a) By having three (3) or more candidates for state or national office 26 listed under the party name at the last general election, provided that 27 those individuals seeking the office of president, vice president and 28 president elector shall be considered one (1) candidate,; or 29 (b) By polling at the last general election for any one (1) of its candi- 30 dates for state or national office at least threeper centpercent (3%) of 31 the aggregate vote cast for governor or for presidential electors. 32 (c) By an affiliation of electors who shall have signed a petition which 33 shall: 34 (A) State the name of the proposed party in not more than six (6) 35 words; 36 (B) State that the subscribers thereto desire to place the proposed 37 party on the ballot; 38 (C) Have attached thereto a sheet or sheets containing the signa- 39 tures of at least a number of qualified electors equal to twoper40centpercent (2%) of the aggregate vote cast for presidential elec- 41 tors in the state at the previous general election at which presiden- 42 tial electors were chosen; 43 (D) Be filed with the secretary of state on or before August 30 of 2 1 even-numbered years; 2 (E) The format of the signature petition sheets shall be prescribed 3 by the secretary of state and shall be patterned after, but not lim- 4 ited to, such sheets as used for state initiative and referendum mea- 5 sures; 6 (F) The petitions and signatures so submitted shall be verified in 7 the manner prescribed in section 34-1807, Idaho Code. 8 (G) The petition shall be circulated no earlier than August 30 of 9 the year preceding the general election. 10 (2) Upon certification by the secretary of state that the petition has 11 met the requirements of this act such party shall, under the party name 12 chosen, have all the rights of a political party whose ticket shall have been 13 on the ballot at the preceding general election. 14 The newly certified party shall proceed to hold a state convention in the 15 manner provided by law; provided, that at the initial convention of any such 16 political party, all members of the party shall be entitled to attend the con- 17 vention and participate in the election of officers and the nominations of 18 candidates. Thereafter the conduct of any subsequent convention shall be as 19 provided bylawparty rule. 20 SECTION 2. That Section 34-707, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 34-707. PARTY CONVENTIONS. A state conventionshallmay be held by each 23 political party in each election year at a time and place determined by the 24 state central committee.The state central committee chairman shall preside25and cause notice to be given to each legislative district central committee26and each county central committee at the earliest possible date.27EachIn the event a political party chooses to hold a state convention, 28shallthe convention may write and adopt rules and regulations governing the 29 conduct oftheir respectiveits conventions. 30 Attheirits conventioneacha political party may: 31 (1) Adopt and write a party platform. 32 (2) Elect any desired officers not otherwise provided for by law. 33 (3) In the year of presidential elections (a) elect delegates to the 34 national convention in the manner prescribed by national party rules; (b) 35 elect a national committeeman and a national committeewoman; and (c) select 36 presidential electors. 37 (4) Adopt rules, regulations and directives regarding party policies, 38 practices and procedures. 39 SECTION 3. That Section 34-734, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 34-734. VOTING IN PRESIDENTIAL PRIMARY. At a presidential preference pri- 42 mary, qualified electors may vote for candidates for nomination for president 43 of the United States from among the candidates of one (1) political party 44 only. The elector shall be able to cast his ballot for one (1) of the presi- 45 dential candidates of his party, or for "none of the names shown." A vote of46the latter kind shall express the preference for an uncommitted delegation47from Idaho to the national convention of that elector's party. 48 SECTION 4. That Section 34-735, Idaho Code, be, and the same is hereby 49 repealed. 3 1 SECTION 5. That Section 34-736, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 34-736. DELEGATES TO NATIONAL CONVENTION. (1) Upon completion of the 4 state canvass of the results of the presidential primary, the secretary of 5 state shall certify to the state chairman of each political party participat- 6 ing in the presidential primary the number of votes received by each candidate 7 of thatparty and the number of votes for an uncommitted delegation received8by thatparty. 9 (2) Each political party shall then select as many delegates and alter- 10 nates to the national party convention as are allotted to it by the national 11 committee of that party, according to the provisions of the following subsec-12tions of this section.13(3) Eighty per cent (80%) of such delegates and eighty per cent (80%) of14such alternates to a national party convention shall be selected by a party at15its state convention, oras the party rulesotherwiseprovide., from among:16(a) The persons named on the lists of proposed delegates to the national17conventions filed with the secretary of state by that party's respective can-18didates for nomination by the party for president of the United States; and19(b) The persons selected by that party at its state convention, or as the20party rules otherwise provide, to comprise any uncommitted delegation.21(4) The number of delegates and the number of alternates selected by a22party from a candidate's list of proposed delegates, or selected by that party23to comprise any uncommitted delegation, shall bear the same proportion to24eighty per cent (80%) of the total number of delegates and alternates allotted25to such party as the total vote received by such candidate or uncommitted del-26egation bears to the total combined vote cast in said primary election for all27candidates and uncommitted delegation, if any, receiving more than five per28cent (5%) of the votes cast for that party. Upon determination of the number29of delegates and alternates that shall be selected from each candidate's list30of proposed delegates and that shall be selected to comprise an uncommitted31delegation, if any, the party shall then select delegates and alternates to32that party's national convention in that respective number from each such list33and to comprise the uncommitted delegation, if any. The delegates and alter-34nates comprising any such uncommitted delegation shall be selected as the35party rules determine.36(5) Twenty per cent (20%) of the delegates and twenty per cent (20%) of37the alternates to a national party convention as are allotted to a party by38the national committee of that party shall be selected as delegates and alter-39nates to the national convention of that party as the party rules may deter-40mine.41(6) In the event a candidate in the presidential preference primary fails42to file with the secretary of state a list of proposed delegates to his43party's national convention, or to the extent that such list of proposed dele-44gates provided by such candidate fails to name a sufficient number of persons45qualified for the office of delegate, such number of delegates and alternates,46as would be selected from said candidate's list of proposed delegates accord-47ing to the election results, shall be selected by the party as delegates and48alternates to that party's national convention, as the party rules may deter-49mine.50(7) When selecting a delegate or an alternate from a candidate's list of51proposed delegates, as provided for in this section, the party shall have the52authority to select any qualified person on that list for the office of such53delegate or alternate.54(8) In calculating the apportionment of delegate votes in conjunction4 1with the selection of delegates and alternates, as provided for in this sec-2tion, such proportions of delegate votes shall be expressed as decimal-3fractional votes or the nearest whole number of delegate votes as the rules of4the particular national party or convention may provide.5(9) There shall be no unit rule applied to or by the delegation of any6party to that party's national convention. No party or delegation shall commit7or instruct delegates and alternates selected from that party's candidates'8lists of proposed delegates or selected as uncommitted delegates and alter-9nates. Other delegates and alternates may be committed and/or instructed as10the party rules may provide.11 SECTION 6. That Section 34-737, Idaho Code, be, and the same is hereby 12 repealed.
STATEMENT OF PURPOSE RS 18085 The purpose of this legislation is to deregulate the manner in which political parties in Idaho do their business. It clarifies that political parties have the ability to govern themselves by rule and removes all reference in Idaho statutes to their convention processes and delegate selection for nation conventions. FISCAL NOTE None. Contact Name: Representative Tom Loertscher Phone: (208)332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 612