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S1506......................................................by STATE AFFAIRS PRIMARY ELECTIONS - Amends and adds to existing law relating to elections; to revise definitions; to revise provisions relating to the receipt of primary ballots; to revise provisions applicable to registration of electors; to remove a reference to mail registration form; to revise provisions relating to application for registration; to provide for the designation or change of party affiliation status; to provide for a party conducted nomination process; to provide for political party designation of state office; to revise the election of precinct committeemen; to revise a notification requirement; to revise the time when a holder of partisan elective office can change political parties; to revise the nomination process; to revise the declaration of candidacy process; to revise with whom declarations are filed; to revise notification to parties; to revise provisions relating to primary election ballots; to set forth provisions applicable to the eligibility to vote in primary elections; to revise provisions relating to applications for absentee ballots; to revise the certification of candidates; to provide for certificates of nomination to certain offices after the party conducted nomination process; to revise reporting requirements; and to revise when statements of independent expenditures are to be filed. 03/17 Senate intro - 1st rdg - to printing 03/18 Rpt prt - to St Aff 03/25 Rpt out - rec d/p - to 2nd rdg 03/26 2nd rdg - to 3rd rdg 04/02 Ret'd to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1506 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 34-102, IDAHO CODE, TO REVISE A DEFI- 3 NITION; AMENDING SECTION 34-113, IDAHO CODE, TO REVISE A DEFINITION; 4 AMENDING CHAPTER 1, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5 34-118, IDAHO CODE, TO DEFINE A TERM; AMENDING SECTION 34-308, IDAHO CODE, 6 TO REVISE PROVISIONS RELATING TO THE RECEIPT OF PRIMARY BALLOTS; AMENDING 7 SECTION 34-404, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO REGISTRA- 8 TION OF ELECTORS; AMENDING SECTION 34-406, IDAHO CODE, TO REMOVE A REFER- 9 ENCE TO MAIL REGISTRATION FORM, TO REVISE A CODE REFERENCE AND TO MAKE 10 TECHNICAL CHANGES; AMENDING SECTION 34-411, IDAHO CODE, TO REVISE PROVI- 11 SIONS RELATING TO APPLICATION FOR REGISTRATION AND TO MAKE A TECHNICAL 12 CORRECTION; AMENDING CHAPTER 4, TITLE 34, IDAHO CODE, BY THE ADDITION OF A 13 NEW SECTION 34-411A, IDAHO CODE, TO PROVIDE FOR THE DESIGNATION OR CHANGE 14 OF PARTY AFFILIATION STATUS; AMENDING SECTION 34-501, IDAHO CODE, TO PRO- 15 VIDE FOR A PARTY CONDUCTED NOMINATION PROCESS, TO PROVIDE FOR POLITICAL 16 PARTY DESIGNATION OF STATE OFFICE AND TO MAKE TECHNICAL CORRECTIONS; 17 AMENDING SECTION 34-601, IDAHO CODE, TO PROVIDE FOR BEGINNING AND 18 CONCLUDING DATES FOR PARTY CONDUCTED NOMINATION PROCESS; AMENDING SECTION 19 34-624, IDAHO CODE, TO REVISE THE ELECTION OF PRECINCT COMMITTEEMEN; 20 AMENDING SECTION 34-627, IDAHO CODE, TO REVISE A NOTIFICATION REQUIREMENT 21 AND TO REVISE THE TIME WHEN A HOLDER OF PARTISAN ELECTIVE OFFICE CAN 22 CHANGE POLITICAL PARTIES; AMENDING SECTION 34-703, IDAHO CODE, TO REVISE 23 THE NOMINATION PROCESS; AMENDING SECTION 34-704, IDAHO CODE, TO REVISE THE 24 DECLARATION OF CANDIDACY PROCESS; AMENDING SECTION 34-705, IDAHO CODE, TO 25 REVISE WITH WHOM DECLARATIONS ARE FILED AND TO MAKE TECHNICAL CORRECTIONS; 26 AMENDING SECTION 34-706, IDAHO CODE, TO REVISE NOTIFICATION TO PARTIES; 27 AMENDING SECTION 34-904, IDAHO CODE, TO REVISE PROVISIONS RELATING TO PRI- 28 MARY ELECTION BALLOTS AND TO MAKE TECHNICAL CHANGES; AMENDING CHAPTER 9, 29 TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-904A, IDAHO 30 CODE, TO SET FORTH PROVISIONS APPLICABLE TO THE ELIGIBILITY TO VOTE IN 31 PRIMARY ELECTIONS; AMENDING SECTION 34-1002, IDAHO CODE, TO REVISE PROVI- 32 SIONS RELATING TO APPLICATIONS FOR ABSENTEE BALLOTS AND TO MAKE TECHNICAL 33 CHANGES; AMENDING SECTION 34-1003, IDAHO CODE, TO REVISE PROVISIONS APPLI- 34 CABLE TO THE ISSUANCE OF ABSENTEE BALLOTS AND TO MAKE TECHNICAL CHANGES; 35 AMENDING SECTION 34-1208, IDAHO CODE, TO REVISE THE CERTIFICATION OF CAN- 36 DIDATES; AMENDING SECTION 34-1214, IDAHO CODE, TO PROVIDE FOR CERTIFICATES 37 OF NOMINATION TO CERTAIN OFFICES AFTER THE PARTY CONDUCTED NOMINATION 38 PROCESS; AMENDING SECTION 34-2501, IDAHO CODE, TO REVISE A DEFINITION, TO 39 REMOVE OBSOLETE LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 40 TION 67-6602, IDAHO CODE, TO REVISE DEFINITIONS AND TO MAKE TECHNICAL COR- 41 RECTIONS; AMENDING SECTION 67-6607, IDAHO CODE, TO REVISE WHEN REPORTS OF 42 CONTRIBUTIONS AND EXPENDITURES ARE REQUIRED AND TO MAKE TECHNICAL CORREC- 43 TIONS; AMENDING SECTION 67-6608, IDAHO CODE, TO REVISE REPORTING REQUIRE- 44 MENTS, TO CLARIFY LANGUAGE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 45 SECTION 67-6610A, IDAHO CODE, TO REVISE CONDITIONS WHEN LIMITATIONS ON 46 CONTRIBUTIONS APPLY; AMENDING SECTION 67-6610B, IDAHO CODE, TO PROVIDE A 2 1 CORRECT CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 2 67-6611, IDAHO CODE, TO REVISE WHEN STATEMENTS OF INDEPENDENT EXPENDITURES 3 ARE TO BE FILED AND TO CLARIFY LANGUAGE; AND PROVIDING AN EFFECTIVE DATE. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 34-102, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 34-102. "PRIMARY ELECTION" DEFINED -- PURPOSES. "Primary election" means 8 an election conducted by the county clerk pursuant to this title, held for the 9 purpose of nominating persons as candidates of political parties for election 10 to offices, and for the purpose of electing persons as members of the control- 11 ling committees of political parties. Primary elections shall be held on the 12 fourth Tuesday of May in each even-numbered year. 13 "Presidential primary" or "presidential preference primary" means an elec- 14 tion held for the purpose of allowing voters to express their choice for can- 15 didates for nominations for president of the United States. Presidential pri- 16 mary elections shall be held in conjunction with the primary election, on the 17 fourth Tuesday of May in each presidential election year. 18 SECTION 2. That Section 34-113, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 34-113. "CANDIDATE" DEFINED. "Candidate" means and includes every person 21 for whom it is contemplated or desired that votes be cast at any political 22 convention, party conducted nomination process, primary, general or special 23 election, and who either tacitly or expressly consents to be so considered, 24 except candidates for president and vice-president of the United States. 25 SECTION 3. That Chapter 1, Title 34, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 27 ignated as Section 34-118, Idaho Code, and to read as follows: 28 34-118. "PARTY CONDUCTED NOMINATION PROCESS" DEFINED. "Party conducted 29 nomination process" means the process conducted by a political party in lieu 30 of a primary election for nominating persons as candidates for election to 31 offices and for the purpose of electing persons as members of its controlling 32 committees. A party conducted nomination process may be conducted through 33 means designated by the political party, provided that the political party is 34 responsible for all expenses and the administration associated with conducting 35 the party conducted nomination process. The party conducted nomination process 36 may be held for precinct, county, district, state and federal offices. If a 37 political party elects to nominate its candidates in a party conducted nomina- 38 tion process, the party conducted nomination process shall be held as provided 39 in section 34-601(2), Idaho Code. 40 SECTION 4. That Section 34-308, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 34-308. MAIL BALLOT PRECINCT. A precinct within the county which contains 43 no more than one hundred twenty-five (125) registered electors at the last 44 general election, may be designated by the board of county commissioners a 45 mail ballot precinct no later than April 1 in an even-numbered year. Such a 46 designation shall apply thereafter to all elections conducted within the pre- 3 1 cinct until revoked by the board of county commissioners. Having designated a 2 mail ballot precinct, there shall be no voting place established within the 3 precinct. Elections in a mail ballot precinct shall be conducted in a manner 4 consistent with absentee voting as provided in chapter 10, title 34, Idaho 5 Code, with the following special provisions. 6 (1) The clerk shall issue a ballot, by mail, to every registered voter in 7 a mail ballot precinct, and shall affix to the return envelope, postage suffi- 8 cient to return the ballot. 9 (2) The ballot shall be mailed no sooner than twenty-four (24) days prior 10 to the election day and no later than the fourteenth day prior to the elec- 11 tion. 12 (3) The clerk shall make necessary provisions to segregate mail ballot 13 precinct ballots by precinct, and for all purposes of the election, the pre- 14 cinct integrity shall be maintained. 15 (4) The clerk shall make available in the office of the clerk, registra- 16 tion on election day for any individual who is eligible to vote and who 17 resides in a mail ballot precinct and has not previously registered. The clerk 18 shall provide an official polling place in the office of the clerk and a qual- 19 ified elector who registers on election day and resides in a mail ballot pre- 20 cinct shall be allowed to vote at the office of the clerk. 21 (5) Electors who have designated a political party affiliation pursuant 22 to section 34-404, Idaho Code, shall receive the primary ballot for that party 23 pursuant to sections 34-904 and 34-904A, Idaho Code, in addition to any non- 24 partisan ballot. 25 (6) An "unaffiliated" elector shall receive all ballots but shall vote 26 using only one (1) political party's primary election ballot in addition to 27 any nonpartisan ballot. 28 SECTION 5. That Section 34-404, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 34-404. REGISTRATION OF ELECTORS. (1) All electors must register before 31 being able to vote at any primary, general, special, school or any other elec- 32 tion governed by the provisions of title 34, Idaho Code. Registration of a 33 qualified person occurs when a legible, accurate and complete registration 34 card is received in the office of the county clerk or is received at the polls 35 pursuant to section 34-408A, Idaho Code. 36 (2) Each elector may select on the registration card an affiliation with 37 a political party qualified to participate in elections pursuant to section 38 34-501, Idaho Code, or may select to be designated as "unaffiliated." The 39 county clerk shall record the party affiliation or "unaffiliated" status so 40 selected as part of the elector's registration record. If an elector shall 41 fail or refuse to make such a selection, the county clerk shall enter on the 42 registration records that such an elector is "unaffiliated." 43 (3) In order to provide an elector with the appropriate primary ballot, 44 pursuant to section 34-904A, Idaho Code, the poll book for primary elections 45 shall include the party affiliation or status as an "unaffiliated" elector for 46 each elector so registered. 47 (4) In order to provide electors who are already registered to vote as of 48 July 1, 2009, and who remain registered electors, with an opportunity to 49 select a party affiliation or to select their status as "unaffiliated," the 50 poll book for the 2010 primary election shall include checkoff boxes by which 51 such electors can choose a party affiliation or choose to be designated as 52 "unaffiliated." After the 2010 primary election, the county clerk shall record 53 the party affiliation or "unaffiliated" status so selected in the poll book or 4 1 as designated on an absentee voter's application for absentee ballot as part 2 of such an elector's record within the voter registration systems as provided 3 for in section 34-437A, Idaho Code. 4 (5) In order to provide electors who did not vote in the 2010 primary 5 election and who were already registered to vote as of July 1, 2009, and who 6 remain registered electors, with an opportunity to select a party affiliation 7 or to select their status as "unaffiliated," the poll book for the 2012 pri- 8 mary election shall include checkoff boxes by which such electors can choose a 9 party affiliation or choose to be designated as "unaffiliated." After the 2012 10 primary election, the county clerk shall record the party affiliation or 11 "unaffiliated" status so selected in the poll book or as designated on an 12 absentee voter's application for absentee ballot as part of such an elector's 13 record within the voter registration systems as provided for in section 14 34-437A, Idaho Code. 15 (6) After the 2012 primary election, electors who were registered to vote 16 as of July 1, 2009, who remain registered voters and who did not vote in 17 either the 2010 or 2012 primary election shall be designated as "unaffiliated" 18 electors and the county clerk shall record that designation for each such 19 elector within the voter registration systems as provided for in section 20 34-437A, Idaho Code. 21 SECTION 6. That Section 34-406, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 34-406. APPOINTMENT OF REGISTRARS. (1) The county clerk shall provide for 24 voter registration in the clerk's office and may appoint registrars to assist 25 in voter registration throughout the county. 26 (2) The county clerk shall provide all political parties within the 27 county with a supply of the01, Idaho Code. 29 SECTION 7. That Section 34-411, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 34-411. APPLICATION FOR REGISTRATION -- CONTENTS. (1) Each elector who 32 requests registration shall supply the following information under oath or 33 affirmation: 34 (a)His fFull name and sex. 35 (b)His mMailing address,hisresidence address or any other necessary 36 information definitely locatinghisthe elector's residence. 37 (c) The period of time preceding the date of registration during whichhe38 the elector has resided in the state. 39 (d) Whether or nothethe elector is a citizen. 40 (e) Thathethe elector is under no legal disqualifications to vote. 41 (f) The county and state wherehethe elector was previously registered, 42 if any. 43 (g) Date of birth. 44 (h) Current driver's license number or, in the absence of an Idaho dri- 45 ver's license, the last four (4) digits of the elector's social security 46 number. 47 (2) Each elector may select an affiliation with a political party quali- 48 fied to participate in elections pursuant to section 34-501, Idaho Code, or 49 select to be designated as "unaffiliated." That selection of party affiliation 50 or status as an "unaffiliated" elector shall be maintained within the voter 51 registration systems as provided for in section 34-437A, Idaho Code. If an 5 1 elector shall fail or refuse to make such a selection, the county clerk shall 2 record as "unaffiliated" such an elector within the voter registration systems 3 as provided for in section 34-437A, Idaho Code. 4 (3) Any elector who shall supply any information under subsection (1) of 5 this section, knowing it to be false, is guilty of perjury. 6 (34) Each elector who requests registration may, at the elector's option, 7 supply thetheelector's telephone number. If the telephone number is supplied 8 by the elector, the telephone number shall be available to the public. 9 SECTION 8. That Chapter 4, Title 34, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 34-411A, Idaho Code, and to read as follows: 12 34-411A. DESIGNATING OR CHANGING PARTY AFFILIATION. Any elector may des- 13 ignate or change such an elector's political party affiliation or status as an 14 "unaffiliated" elector by filing a signed form with: the county clerk; the 15 designated party official at the party conducted nomination process; or the 16 poll worker on election day. All forms filed with the designated party offi- 17 cial at the party conducted nomination process shall be delivered to the 18 county clerk within three (3) days of the party conducted nomination process. 19 The application form provided in section 34-1002, Idaho Code, shall also be 20 used for this purpose. No elector shall change party affiliation after having 21 participated in a party conducted nomination process or after having been 22 given a political party primary election ballot until after the date of the 23 primary election. An elector who changes the elector's political party affili- 24 ation or status as an "unaffiliated" elector on the day of the primary elec- 25 tion shall declare, under penalty of perjury, that the elector has not previ- 26 ously participated in the primary partisan election held on the same day or in 27 a party conducted nomination process held in that same year. 28 SECTION 9. That Section 34-501, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 34-501. "POLITICAL PARTY" DEFINED -- PROCEDURES FOR CREATION OF A POLITI- 31 CAL PARTY -- PARTY CONDUCTED NOMINATION PROCESS -- PARTY OFFICE. (1) A 32 "political party" within the meaning of this act, is an organization of elec- 33 tors under a given name. A political party shall be deemed created and quali- 34 fied to participate in elections in any of the following three (3) ways: 35 (a) By having three (3) or more candidates for state or national office 36 listed under the party name at the last general election, provided that 37 those individuals seeking the office of president, vice president and 38 president elector shall be considered one (1) candidate,; or 39 (b) By polling at the last general election for any one (1) of its candi- 40 dates for state or national office at least threeper centpercent (3%) of 41 the aggregate vote cast for governor or for presidential electors. 42 (c) By an affiliation of electors who shall have signed a petition which 43 shall: 44 (Ai) State the name of the proposed party in not more than six (6) 45 words; 46 (Bii) State that the subscribers thereto desire to place the pro- 47 posed party on the ballot; 48 (Ciii) Have attached thereto a sheet or sheets containing the signa- 49 tures of at least a number of qualified electors equal to twoper50centpercent (2%) of the aggregate vote cast for presidential elec- 51 tors in the state at the previous general election at which presiden- 6 1 tial electors were chosen; 2 (Div) Be filed with the secretary of state on or before August 30 of 3 even-numbered years; 4 (Ev) The format of the signature petition sheets shall be pre- 5 scribed by the secretary of state and shall be patterned after, but 6 not limited to, such sheets as used for state initiative and referen- 7 dum measures; 8 (Fvi) The petitions and signatures so submitted shall be verified in 9 the manner prescribed in section 34-1807, Idaho Code. 10 (Gvii) The petition shall be circulated no earlier than August 30 of 11 the year preceding the general election. 12 (2) Upon certification by the secretary of state that the petition has 13 met the requirements of this act such party shall, under the party name 14 chosen, have all the rights of a political party whose ticket shall have been 15 on the ballot at the preceding general election. 16 The newly certified party shall proceed to hold a state convention in the 17 manner provided by law; provided, that at the initial convention of any such 18 political party, all members of the party shall be entitled to attend the con- 19 vention and participate in the election of officers and the nominations of 20 candidates. Thereafter the conduct of any subsequent convention shall be as 21 provided by law. 22 (3) A political party may elect to nominate its candidates for precinct, 23 county, district, state and federal offices at a party conducted nomination 24 process rather than at the primary election. If a political party elects to 25 nominate its candidates for elected offices at a party conducted nomination 26 process, the state central committee shall notify the secretary of state of 27 its election by registered mail between November 1 and November 30 of every 28 odd-numbered year and shall disclose the beginning date of the party conducted 29 nomination process. Once the political party has made its election to nominate 30 its candidates at a party conducted nomination process, it shall be the exclu- 31 sive method by which the political party nominates any candidate for the gen- 32 eral election. A party conducted nomination process shall be conducted pursu- 33 ant to rules adopted by the political party. 34 (4) Each political party shall designate to the secretary of state a 35 state office at which it can be contacted. Each political party that offers 36 candidates for election to precinct, county or district elected offices shall 37 designate to the county clerk a county office at which it can be contacted. 38 SECTION 10. That Section 34-601, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 34-601. DATES ON WHICH ELECTIONS SHALL BE HELD. Elections shall be held 41 in this state on the following dates or times: 42 (1) A primary election shall be held on the fourth Tuesday in May, 1980, 43 and every two (2) years thereafter on the above-mentioned Tuesday. 44 (2) A party conducted nomination process shall not begin prior to the 45 eighth Friday before the date of the primary election and shall be concluded 46 on or by the fourth Tuesday in May in even-numbered years. 47 (3) A general election shall be held on the first Tuesday after the first 48 Monday of November, 1972, and every two (2) years thereafter on the above-men- 49 tioned Tuesday. 50 (34) Special state elections shall be held on the dates ordered by the 51 governor's proclamation, or as otherwise provided by law. 52 (45) A presidential primary shall be held in conjunction with the primary 53 election, on the fourth Tuesday in May, 1980, and every four (4) years there- 7 1 after on the above-mentioned Tuesday. 2 SECTION 11. That Section 34-624, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 34-624. ELECTION OF PRECINCT COMMITTEEMEN -- QUALIFICATIONS. (1) At the 5 primary election, 1980, and every two (2) years thereafter, a precinct commit- 6 teeman for each political party shall be elected in every voting precinct 7 within each county. The term of office of a precinct committeeman shall be 8 from the eighth day following the primary election or the party conducted nom- 9 ination process at which the precinct committeeman was elected until the 10 eighth day following the next succeeding primary election or the next party 11 conducted nomination process, whichever occurs first. 12 (2) No person shall be elected to the office of precinct committeeman at 13 a primary election or at a party conducted nomination process unless he has 14 attained the age of eighteen (18) years at the time of his election, is a cit- 15 izen of the United States and shall have resided within the voting precinct 16 for a period of six (6) months next preceding his election. 17 (3) Except for candidates participating in the party conducted nomination 18 process, eEach candidate shall file a declaration of candidacy with the county 19 clerk. 20 (4) No filing fee shall be charged any candidate at the time of his fil- 21 ing his declaration of candidacy. 22 SECTION 12. That Section 34-627, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 34-627. HOLDERS OF PARTISAN ELECTIVE OFFICE CHANGING POLITICAL PARTIES. 25 Whenever any holder of a partisan elective office desires to change political 26 parties, the change shall only be effective if the holder files a declaration 27 of intent to change political parties with the election official with whom the 28 holder of the partisan elective office has filed his declaration of candidacy 29 for the office that the holder of the partisan elective office currently 30 holds. The party change shall be official five (5) calendar days after receipt 31 of the declaration of intent provided in this section by the election offi- 32 cial. After receiving the declaration of intent, the election official, if 33 other than the affected political party central committee, shall send a copy 34 of the declaration to the affected political party central committees of both 35 the political party, if any, that the holder of the partisan elective office 36 desires to leave and the political party, if any, that the holder of the par- 37 tisan elective office desires to join. A holder of a partisan elective office 38 cannot change political parties between the date the holder of partisan elec- 39 tive office files for the primary election or files with the political party's 40 central committee for participation in the party conducted nomination process 41 through three (3) months after the general election in which the partisan 42 elective office was on the ballot. A holder of a partisan elective office only 43 may change political parties pursuant to this section once per term. The elec- 44 tion official shall be authorized to charge a holder of a partisan elective 45 office desiring to change his political party a twenty-five dollar ($25.00) 46 fee to defray the election official's expenses in administering the provisions 47 of this section. 48 SECTION 13. That Section 34-703, Idaho Code, be, and the same is hereby 49 amended to read as follows: 8 1 34-703. NOMINATION AT PRIMARY OR PARTY CONDUCTED NOMINATION PROCESS. (1) 2 All political party candidates for United States senator and representative in 3 congress and all political party candidates for elective state, district and 4 county offices, except candidates for judicial office, at general elections 5 shall be nominated at the primary elections or, at the election of the politi- 6 cal party, at a party conducted nomination process, or shall have their names 7 placed on the general election ballot as provided by law, and shall comply 8 with the provisions of this act. 9 (2) All candidates for judicial office shall be nominated or elected at 10 the primary election, as provided by section 34-1217, Idaho Code. 11 (3) Independent candidates shall not be voted on at primary elections. 12 SECTION 14. That Section 34-704, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 34-704. DECLARATION OF CANDIDACY. Any person legally qualified to hold 15 such office is entitled to become a candidate and file his declaration of can- 16 didacy. Each political party candidate for precinct, state, district or county 17 office shall file his declaration of candidacy in the proper office between 8 18 a.m., on the twelfth Monday preceding the primary election or the party con- 19 ducted nomination process and 5 p.m., on the tenth Friday preceding the pri- 20 mary election or the party conducted nomination process. All political party 21 candidates shall declare their party affiliation in their declaration of can- 22 didacy, except candidates for nonpartisan office. 23 Candidates who file a declaration of candidacy under a party name and are 24 not nominated at the primary election or at the party conducted nomination 25 process shall not be allowed to appear on the general election ballot under 26 any other political party name, nor as an independent candidate. 27 Independent candidates shall file their declaration of candidacy in the 28 manner provided in section 34-708, Idaho Code. 29 SECTION 15. That Section 34-705, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 34-705. WITH WHOM DECLARATIONS FILED. (1) All candidates for county offi- 32 ces, whether political party candidates or independent candidates, and all 33 political party candidates for precinct offices shall file their declarations 34 of candidacy with the county clerk of their respective counties. In the event 35 that a political party elects to nominate candidates at a party conducted nom- 36 ination process, all political party candidates for county offices and for 37 precinct offices shall file their declarations of candidacy in the designated 38 office of the county central committee of that political party. The county 39 central committee shall provide a list of all candidates for precinct and 40 county office who filed declarations of candidacy with that official to the 41 county clerk and to the secretary of state within three (3) days after the 42 filing deadline. 43 (2) All candidates for district, state and federal offices shall file 44 their declarations of candidacy with the secretary of state. In the event that 45 a political party elects to nominate candidates at a party conducted nomina- 46 tion process, all political party candidates for district, state and federal 47 offices shall file their declarations of candidacy in the designated office of 48 the state central committee of that political party. The state central commit- 49 tee shall provide a list of all candidates for district, state and federal 50 office who filed declarations of candidacy to the secretary of state within 51 three (3) days after the filing deadline. 9 1 (3) The secretary of state, shall certify to the county clerks, within 2 ten (10) days after the filing deadline, the names of the political party can- 3 didates who filed with the secretary of state for federal, state and district 4 offices and are qualified and by not later than the tenth day prior to the 5 primary shall certify the names of political party candidates who have been 6 appointed by central committees to fill vacancies as provided by section 7 34-714, Idaho Code. 8 SECTION 16. That Section 34-706, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 34-706. NOTIFICATION TO PARTIES. Within three (3) days after the deadline 11 for filing declarations of political party candidacy with the county clerk, 12 the county clerk shall notify the county central committee of each political 13 party of the candidates who have filed for county and precinct offices under 14 the party name and are qualified. 15 Within three (3) days after the deadline for filing declarations of polit- 16 ical party candidacy with the secretary of state, the secretary of state shall 17 notify the legislative district central committee of each political party of 18 the legislative candidates who have filed under the party name and are quali- 19 fied. 20 Within three (3) days after the deadline for filing declarations of polit- 21 ical party candidacy with the secretary of state, the secretary of state shall 22 notify the state central committee of each political party of the candidates 23 who have filed for federal and state offices under the party name and are 24 qualified. 25 SECTION 17. That Section 34-904, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 34-904. PRIMARY ELECTION BALLOTS. (1) There shall be asingleseparate 28 primary election balloton which the complete ticket offor each political 29 party upon which only its ticket shall be printed; however, a county may use a30separate ballot for the office of precinct committeeman. Each political ticket31shall be separated from the others by a perforated line that will enable the32elector to detach the ticket of the political party voted from those33remaining. All candidates who have filed their declarations of candidacy and 34 are subsequently certified shall be listed under the proper office titles on 35 their political party ticket. The secretary of state shall design the primary 36 election ballot to allow for write-in candidates under each office title. 37 (2) The office titles shall be listed in order beginning with the highest 38 federal office and ending with precinct offices. The secretary of state has 39 the discretion and authority to arrange the classifications of offices as pro- 40 vided by law. 41 (3) It is not necessary to print a primary ballot for a political party 42 which does not have candidates for more than half of the federal or statewide 43 offices on the ballot if no more than one (1) candidate files for nomination 44 by that party for any of the offices on the ballot. The secretary of state 45 shall certify that no primary election is necessary for that party if such is 46 the case and shall certify to the county clerk the names of candidates for 47 that party for the general election ballot only. 48 SECTION 18. That Chapter 9, Title 34, Idaho Code, be, and the same is 49 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 50 ignated as Section 34-904A, Idaho Code, and to read as follows: 10 1 34-904A. ELIGIBILITY TO VOTE IN PRIMARY ELECTIONS AND TO PARTICIPATE IN 2 PARTY CONDUCTED NOMINATION PROCESSES. (1) An elector who has designated a 3 party affiliation shall be given only the primary election ballot for the 4 political party for which such elector is so registered in addition to any 5 nonpartisan ballot. An elector who has participated in a party conducted nomi- 6 nation process shall only be eligible for the nonpartisan ballot at the pri- 7 mary election. 8 (2) An elector registered as "unaffiliated" shall be allowed to vote in 9 the primary election of such elector's choice. Having made such a choice, an 10 elector registered as "unaffiliated" shall not be able to vote in the primary 11 election of any other political party held on that primary election date and 12 shall not be able to participate in a party conducted nomination process. An 13 "unaffiliated" elector who has not participated in a party conducted nomina- 14 tion process shall be given all ballots of political parties that are nominat- 15 ing their candidates through the primary election in addition to any nonparti- 16 san ballot. Such elector shall vote using only one (1) political party's pri- 17 mary election ballot in addition to any nonpartisan ballot, but shall return 18 all ballots. Nothing in this section shall be construed to prohibit an elector 19 registered as "unaffiliated" from voting in the primary election or partici- 20 pating in a party conducted nomination process of a different party held in 21 subsequent years. 22 SECTION 19. That Section 34-1002, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 34-1002. APPLICATION FOR ABSENTEE BALLOT. (1) Any registered elector may 25 make written application to the county clerk, or other proper officer charged 26 by law with the duty of issuing official ballots for such election, for an 27 official ballot or ballots of the kind or kinds to be voted at the election. 28 The application shall contain the name of the elector, his home address, 29 county, and address to which such ballot shall be forwarded. In the case of an 30 "unaffiliated" elector requesting a ballot for a primary election, such elec- 31 tor shall receive all ballots for political parties that are nominating their 32 candidates through the primary election in addition to any nonpartisan ballot. 33 An "unaffiliated" elector who votes in that political party's primary election 34 shall not participate in a party conducted nomination process held that same 35 year. 36 (2) The application for an absent elector's ballot shall be signed per- 37 sonally by the applicant. The application for a mail-in absentee ballot shall 38 be received by the county clerk not later than 5:00 p.m. on the sixth day 39 before the election. An application for in person absentee voting at the 40 absent elector's polling place described in section 34-1006, Idaho Code, shall 41 be received by the county clerk not later than 5:00 p.m. on the day before the 42 election. Application for an absentee ballot may be made by using a facsimile 43 machine. 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 situa- 45 tion which rendered him physically unable, he may nevertheless apply for an 46 absent elector's ballot on the day of election by notifying the county clerk. 47 No person, may, however, be entitled to vote under an emergency situation 48 unless the situation claimed rendered him physically unable to vote at his 49 designated polling place within forty-eight (48) hours prior to the closing of 50 the polls. 51 (3) A person may make application for an absent elector's ballot by use 52 of a properly executed federal postcard application as provided for in the 53 laws of the United States known as Uniformed and Overseas Citizens Absentee 11 1 Voting Act (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed federal 2 postcard application (F.P.C.A.), shall be considered as a request for an 3 absent elector's ballot through the next two (2) regularly scheduled general 4 elections for federal office following receipt of the application. The issuing 5 officer shall keep as a part of the records of his office a list of all appli- 6 cations so received and of the manner and time of delivery or mailing to and 7 receipt of returned ballot. 8 (4) The county clerk shall, not later than seventy-five (75) days after 9 the date of each general election, submit a report to the secretary of state 10 containing information concerning absentee voters as required by federal law. 11 SECTION 20. That Section 34-1003, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 34-1003. ISSUANCE OF ABSENTEE BALLOT. (1) Upon receipt of an application 14 for an absent elector's ballot within the proper time, the county clerk 15 receiving it shall examine the records of his office to ascertain whether or 16 not such applicant is registered and lawfully entitled to vote as requested 17 and, if found to be so, he shall arrange for the applicant to vote by absent 18 elector's ballot. 19 (2) In the case of requests for primary ballots: 20 (a) An elector who has designated a political party affiliation shall 21 receive a primary ballot for that political party in addition to any non- 22 partisan ballot. 23 (b) An "unaffiliated" elector shall receive all ballots but shall vote 24 using only one (1) political party's primary election ballot in addition 25 to any nonpartisan ballot. 26 (3) The absentee ballot may be delivered to the absent elector in the 27 office of the county clerk, by postage prepaid mail or by other appropriate 28 means, including use of a facsimile machine. A political party may supply a 29 witness to accompany the clerk in the personal delivery of an absentee ballot. 30 (4) If the political party desires to supply a witness it shall be the 31 duty of the political party to supply the names of such witnesses to the clerk 32 no later than forty-five (45) days prior to the election. The clerk shall 33 notify such witnesses of the date and approximate hour the clerk or deputy 34 clerk intends to deliver the ballot. A candidate for public office or a spouse 35 of a candidate for public office shall not be a witness in the personal deliv- 36 ery of absentee ballots. 37 (5) An elector physically unable to mark his own ballot may receive 38 assistance in marking such ballot from the officer delivering same or an 39 available person of his own choosing. In the event the election officer is 40 requested to render assistance in marking an absent elector's ballot, the 41 officer shall ascertain the desires of the elector and shall vote the 42 applicant's ballot accordingly. When such ballot is marked by an election 43 officer, the witnesses on hand shall be allowed to observe such marking. No 44 county clerk, deputy, or other person assisting a disabled voter shall attempt 45 to influence the vote of such elector in any manner. 46 SECTION 21. That Section 34-1208, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 34-1208. CERTIFICATES OF NOMINATION OR ELECTION. (1) Immediately after 49 the primary election canvass the county clerk shall issue certificates of nom- 50 ination to the political party candidates of each party who receive the high- 51 est number of votes for their particular county office, and the candidates so 12 1 certified shall have their names placed on the general election ballot. On or 2 before the eighth day after the primary election canvass, the county clerk 3 shall issue certificates of election to the precinct committeemen of each 4 political party who receive the highest number of votes in their precinct. 5 Provided that to be elected, a precinct committeeman shall receive a minimum 6 of five (5) votes. In the event no candidate receives the minimum number of 7 votes required to be elected, a vacancy in the office shall exist and shall be 8 filled as otherwise provided by law. The county clerk shall also certify by 9 registered mail the results of both the primary and the presidential primary 10 elections to the secretary of state. The form for such certificate shall be 11 prescribed by the secretary of state and be uniform throughout the state. 12 (2) In the event that a political party elects to nominate its candidates 13 for elected office at a party conducted nomination process, the county central 14 committee of the political party that has nominated candidates for county 15 elected offices shall, immediately after the party conducted nomination proc- 16 ess, certify by registered mail to the county clerk and to the secretary of 17 state the names of the candidates for office who have been nominated and pre- 18 cinct committeemen who have been elected and the concluding date of the party 19 conducted nomination process. On or before the eighth day after receiving the 20 certificate from the central committee, the county clerk shall issue certifi- 21 cates of nomination to the political party's qualified candidates for county 22 office and certificates of election to the precinct committeemen. The quali- 23 fied candidates issued certificates of nomination shall have their names 24 placed on the general election ballot. 25 SECTION 22. That Section 34-1214, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 34-1214. CERTIFICATES OF NOMINATION OR ELECTION TO FEDERAL, STATE, DIS- 28 TRICT OR NONPARTISAN OFFICES AFTER PRIMARY OR PARTY CONDUCTED NOMINATION PROC- 29 ESS. (1) Immediately after the primary election canvass, the secretary of 30 state shall issue certificates of nomination to the political party candidates 31 of each party who receive the highest number of votes for their particular 32 federal, state or district office. In the event a political party elects to 33 nominate candidates at a party conducted nomination process, the political 34 party's state central committee shall immediately certify by registered mail 35 to the secretary of state the names of the candidates nominated for federal, 36 state or district office and the concluding date of the party conducted nomi- 37 nation process. After receiving the certification of the political party's 38 candidates for federal, state or district elected office, the secretary of 39 state shall issue certificates of nomination to the qualified candidates. The 40 qualified candidates so certified shall have their names placed on the general 41 election ballot. 42 (2) Immediately after the primary election canvass, the secretary of 43 state shall issue certificates of nomination to the nonpartisan candidate or 44 candidates who receive the highest number of votes for the number of vacancies 45 which are to be filled for a particular office and also to the same number of 46 candidates who receive the second highest number of votes for the particular 47 office. The candidates so certified shall have their names placed on the gen- 48 eral election ballot. If it appears from the canvass that a particular candi- 49 date has received a majority of the total vote cast for the particular office, 50 he shall be issued a certificate of election instead of a certificate of nomi- 51 nation and no candidates shall run for the particular office in the general 52 election. 13 1 SECTION 23. That Section 34-2501, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 34-2501. DEFINITIONS. As used in thisactchapter, the following terms 4 have the following meanings: 5 (a1) "Board" means the state board of examiners provided in section 6 67-2001, Idaho Code. 7 (b2) "Committee" means the state central committee as provided in section 8 34-504, Idaho Code. 9 (c3) "Election campaign fund" or "fund" means the fund created by section 10 34-2502, Idaho Code. 11 (d4) "Political party" means an affiliation of electors representing a 12 political group under a given name as authorized by section 34-501, Idaho 13 Code: 14 (1a) "Major political party" means a political party which at the last 15 general election polled for any one (1) of its candidates for state or 16 national elective office more than tenper centpercent (10%) of the vote 17 cast for the office. 18 (2b) "Minor political party" means a political party which at the last 19 general election polled for any one (1) of its candidates for state or 20 national elective office more than threeper centpercent (3%) but less 21 than tenper centpercent (10%) of the vote cast for the office. 22 (3c) "New political party" means an affiliation of electors who shall 23 file with the secretary of state a petition that they desire recognition 24 as a political party, whichsaidpetition shall meet the requirements as 25 otherwise prescribed by law in section 34-501, Idaho Code. 26 (e5) "General election" means the national, state and county election 27 held on the first Tuesday succeeding the first Monday of November of each 28 even-numbered year. 29 (f6) "Qualified election expense" means an expense: 30 (1a)iIncurred by the state central committee in furthering the election 31 of a candidate for office or attempting to influence any election; 32 (2b)iIncurred within the expenditure report period as defined in this 33actchapter, or incurred before the beginning of such period to the extent 34 such expense is for property, service, or facilities used during such 35 period; 36 (3c)nNeither the incurring nor payment of which constitutes a violation 37 of any of the laws of the United States or of the state of Idaho. 38 (g7) "Expenditure report period" means from the day following the primary 39 election(the Tuesday succeeding the first Monday of August in each even num-40bered year)or the day following the concluding date of a party conducted nom- 41 ination process to the thirtieth day following the general election. 42 SECTION 24. That Section 67-6602, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 67-6602. DEFINITIONS. As used in this chapter, the following terms have 45 the following meanings: 46 (a1) "Candidate" means an individual who has taken affirmative action to 47 seek nomination or election to public office. An individual shall be deemed to 48 have taken affirmative action to seek such nomination or election to public 49 office when he first: 50 (1a) Receives contributions or makes expenditures or reserves space or 51 facilities with intent to promote his candidacy for office; or 52 (2b) Announces publicly or files for office. 14 1 (3c) For purposes of this chapter, an incumbent shall be presumed to be a 2 candidate in the subsequent election for his or her office. Contributions 3 received by an incumbent candidate shall not be in excess of the pre- 4 scribed contribution limits for the subsequent election by which the 5 incumbent candidate's name would first appear on the ballot. An incumbent 6 shall no longer be a candidate for his or her office after the deadline 7 for the filing of a declaration of candidacy to first appear on the ballot 8 for that office has expired. 9 (b2) "Compensation" includes any advance, conveyance, forgiveness of 10 indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer 11 of money or anything of value, and any contract, agreement, promise or other 12 obligation, whether or not legally enforceable, to do any of the foregoing, 13 for services rendered or to be rendered, but does not include reimbursement of 14 expenses if such reimbursement does not exceed the amount actually expended 15 for such expenses and is substantiated by an itemization of such expenses. 16 (c3) "Contribution" includes any advance, conveyance, forgiveness of 17 indebtedness, deposit, distribution, loan, payment, gift, pledge, subscription 18 or transfer of money or anything of value, and any contract, agreement, prom- 19 ise or other obligation, whether or not legally enforceable, to make a contri- 20 bution, in support of or in opposition to any candidate, political committee 21 or measure. Such term also includes personal funds or other property of a can- 22 didate or members of his household expended or transferred to cover expendi- 23 tures incurred in support of such candidate but does not include personal 24 funds used to pay the candidate filing fee. Such term also includes the ren- 25 dering of personal and professional services for less than full consideration, 26 but does not include ordinary home hospitality or the rendering of "part-time" 27 personal services of the sort commonly performed by volunteer campaign workers 28 or advisors or incidental expenses not in excess of twenty-five dollars 29 ($25.00) personally paid for by any volunteer campaign worker. "Part-time" 30 services for the purposes of this definition, means services in addition to 31 regular full-time employment, or, in the case of an unemployed person or per- 32 sons engaged in part-time employment, services rendered without compensation 33 or reimbursement of expenses from any source other than the candidate or 34 political committee for whom such services are rendered. For the purposes of 35 thisactchapter, contributions, other than money or its equivalentsshall be 36 deemed to have a money value equivalent to the fair market value of the con- 37 tribution. 38 (d4) "Election" means any general, special or primary election or a party 39 conducted nomination process. 40 (e5) "Election campaign" means any campaign in support of or in opposi- 41 tion to a candidate for election to public office and any campaign in support 42 of, or in opposition to, a measure. 43 (f6) (1a) "Electioneering communication" means any communication broad- 44 cast by television or radio, printed in a newspaper or on a billboard, 45 directly mailed or delivered by hand to personal residences, or telephone 46 calls made to personal residences, or otherwise distributed that: 47 (i) Unambiguously refers to any candidate; and 48 (ii) Is broadcasted, printed, mailed, delivered, made or distributed 49 within thirty (30) days before a primary election or the beginning 50 date of a party conducted nomination process or sixty (60) days 51 before a general election; and 52 (iii) Is broadcasted to, printed in a newspaper, distributed to, 53 mailed to or delivered by hand to, telephone calls made to, or other- 54 wise distributed to an audience that includes members of the elector- 55 ate for such public office. 15 1 (2b) "Electioneering communication" does not include: 2 (i) Any news articles, editorial endorsements, opinion or commen- 3 tary, writings, or letter to the editor printed in a newspaper, maga- 4 zine, or other periodical not owned or controlled by a candidate or 5 political party; 6 (ii) Any editorial endorsements or opinions aired by a broadcast 7 facility not owned or controlled by a candidate or political party; 8 (iii) Any communication by persons made in the regular course and 9 scope of their business or any communication made by a membership 10 organization solely to members of such organization and their fami- 11 lies; 12 (iv) Any communication which refers to any candidate only as part of 13 the popular name of a bill or statute; 14 (v) A communication which constitutes an expenditure or an indepen- 15 dent expenditure under this chapter. 16 (g7) "Executive official" means: 17 (1a) The governor, lieutenant governor, secretary of state, state con- 18 troller, state treasurer, attorney general, and superintendent of public 19 instruction; 20 (2b) A state department or agency director, deputy director, division 21 administrator or bureau chief as established and enumerated in sections 22 67-2402 and 67-2406, Idaho Code; 23 (3c) The membership and the executive or chief administrative officer of 24 any board or commission that is authorized to make rules or conduct rule- 25 making activities pursuant to section 67-5201, Idaho Code; 26 (4d) The membership and the executive or chief administrative officer of 27 any board or commission that governs any of the state departments enumer- 28 ated in section 67-2402, Idaho Code, not including public school dis- 29 tricts; 30 (5e) The membership and the executive or chief administrative officer of 31 the Idaho public utilities commission, the Idaho industrial commission, 32 and the Idaho state tax commission; and 33 (6f) The members of the governing board of the state insurance fund, and 34 the members of the governing board and the executive or chief administra- 35 tive officer of the Idaho housing and finance association, the Idaho 36 energy resources authority, and the Idaho state building authority. 37 (h8) "Expenditure" includes any payment, contribution, subscription, dis- 38 tribution, loan, advance, deposit, or gift of money or anything of value, and 39 includes a contract, promise, or agreement, whether or not legally enforce- 40 able, to make an expenditure. The term "expenditure" also includes a promise 41 to pay, a payment or a transfer of anything of value in exchange for goods, 42 services, property, facilities or anything of value for the purpose of assist- 43 ing, benefiting or honoring any public official or candidate, or assisting in 44 furthering or opposing any election campaign. 45 (i9) "Independent expenditure" means any expenditure by a person for a 46 communication expressly advocating the election, passage or defeat of a 47 clearly identified candidate or measure that is not made with the cooperation 48 or with the prior consent of, or in consultation with, or at the consent of, 49 or in consultation with, or at the request of a suggestion of, a candidate or 50 any agent or authorized committee of the candidate or political committee sup- 51 porting or opposing a measure. As used in this subsection, "expressly advocat- 52 ing" means any communication containing a message advocating election, passage 53 or defeat including, but not limited to, the name of the candidate or measure, 54 or expression such as "vote for," "elect," "support," "cast your ballot for," 55 "vote against," "defeat" or "reject." 16 1 (j10) "Lobby" and "lobbying" each means attempting through contacts with, 2 or causing others to make contact with, members of the legislature or legisla- 3 tive committees or an executive official, to influence the approval, modifica- 4 tion or rejection of any legislation by the legislature of the state of Idaho 5 or any committee thereof or by the governor, and shall also mean communicating 6 with an executive official for the purpose of influencing the consideration, 7 amendment, adoption or rejection of any rule or rulemaking as defined in sec- 8 tion 67-5201, Idaho Code, or any ratemaking decision, procurement, contract, 9 bid or bid process, financial services agreement, or bond issue. Neither 10 "lobby" nor "lobbying" includes an association's or other organization's act 11 of communicating with the members of that association or organization; and 12 provided that neither "lobby" nor "lobbying" includes communicating with an 13 executive official for the purpose of carrying out ongoing negotiations fol- 14 lowing the award of a bid or a contract, communications involving ongoing 15 legal work and negotiations conducted by and with attorneys for executive 16 agencies, interactions between parties in litigation or other contested mat- 17 ters, or communications among and between members of the legislature and exec- 18 utive officials and their employees, or by state employees while acting in 19 their official capacity or within the course and scope of their employment. 20 (k11) "Lobbyist" includes any person who lobbies. 21 (l12) "Lobbyist's employer" means the person or persons by whom a lobbyist 22 is employed, directly or indirectly, and all persons by whom he is compensated 23 for acting as a lobbyist. 24 (m13) "Measure" means any proposal, to be voted statewide, submitted to 25 the people for their approval or rejection at an election, including any ini- 26 tiative, referendum or revision of or amendment to the state constitution. An 27 initiative or referendum proposal shall be deemed a measure when the attorney 28 general reviews it and gives it a ballot title. 29 (n14) "Nonbusiness entity" means any group (of two (2) or more individu- 30 als), corporation, association, firm, partnership, committee, club or other 31 organization which: 32 (1a) Does not have as its principal purpose the conduct of business 33 activities for profit; and 34 (2b) Received during the preceding calendar year contributions, gifts or 35 membership fees, which in the aggregate exceeded ten percent (10%) of its 36 total receipts for such year. 37 (o15) "Person" means an individual, corporation, association, firm, part- 38 nership, committee, political party, club or other organization or group of 39 persons. 40 (p16) "Political committee" means: 41 (1a) Any person specifically designated to support or oppose any candi- 42 date or measure; or 43 (2b) Any person who receives contributions and makes expenditures in an 44 amount exceeding five hundred dollars ($500) in any calendar year for the 45 purpose of supporting or opposing one (1) or more candidates or measures. 46 Any entity registered with the federal election commission shall not be 47 considered a political committee for purposes of this chapter. 48 (3c) A county, district or regional committee of a recognized political 49 party shall not be considered a political committee for the purposes of 50 this chapter unless such party committee has expenditures exceeding five 51 thousand dollars ($5,000) in a calendar year. 52 (q17) "Political treasurer" means an individual appointed by a candidate 53 or political committee as provided in section 67-6603, Idaho Code. 54 (r18) "Public office" means any state office or position, state senator, 55 state representative, and judge of the district court that is filled by elec- 17 1 tion. 2 SECTION 25. That Section 67-6607, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 67-6607. REPORTS OF CONTRIBUTIONS AND EXPENDITURES. (a1) The political 5 treasurer for each candidate and the political treasurer of each political 6 committee shall file with the secretary of state: 7 (1a) Not more than fourteen (14) days and not less than seven (7) days 8 before the date of a primary election or the beginning date of the party 9 conducted nomination process in which the candidate or political commit- 10 tee is involved, a statement of all contributions received and all expen- 11 ditures or encumbrances made by or on behalf of the candidate or political 12 committee prior to the fifteenth day before the primary election or the 13 beginning date of the party conducted nomination process; 14 (2b) Not more than thirty (30) days after the date of a primary election 15 in which a candidate or a political committee is involved, a statement of 16 all contributions received and all expenditures or encumbrances made by or 17 on behalf of the candidate or political committee to cover the period 18 since the fifteenth day before the primary election or the beginning date 19 of the party conducted nomination process to and including the tenth day 20 after the date of the primary election; 21 (3c) For all political committees supporting or opposing measures, a 22 statement of all contributions received and all expenditures or encum- 23 brances made by or on behalf of the measure or any candidate or made by or 24 against the measure or any candidate shall be filed on the same dates pro- 25 vided in paragraphs (1a), (2b), (4d), (5e) and (6f) of this subsection; 26 (4d) Not later than October 10 immediately preceding a general election 27 in which the candidate or political committee is involved, a statement of 28 all contributions received and all expenditures or encumbrances made by or 29 on behalf of the candidate or political committee since and including the 30 eleventh day after the date of the primary election and to and including 31 September 30; 32 (5e) Not more than fourteen (14) days and not less than seven (7) days 33 before the date of a general election in which the candidate or political 34 committee is involved, a statement of all contributions received and all 35 expenditures or encumbrances made by or on behalf of the candidate or 36 political committee since and including October 1 and to and including the 37 sixteenth day before the general election, together with a cumulative 38 statement showing all such contributions and expenditures or encumbrances 39 to and including the sixteenth day before the general election; and 40 (6f) Not more than thirty (30) days after the date of a general election 41 in which the candidate or political committee is involved, a statement of 42 all contributions received and all expenditures or encumbrances made by or 43 on behalf of the candidate or political committee to cover the period 44 since the fifteenth day before the general election to and including the 45 tenth day after the general election. 46 (b2) For the first report under this section the reporting period shall 47 cover the period beginning with the first contribution, expenditure, or encum- 48 brance. 49 (c3) Notwithstanding any other reports required under this section, the 50 political treasurer for each candidate seeking nomination in a primary elec- 51 tion or election in the general election and any political committee support- 52 ing or opposing a measure shall notify the secretary of state, in writing, of 53 any contribution of one thousand dollars ($1,000) or more, received by the 18 1 political treasurer after the sixteenth day before, but more than forty-eight 2 (48) hours before, any primary or general election.ThisNotwithstanding any 3 other reports required under this section, the political treasurer for each 4 candidate seeking nomination in a party conducted nomination process shall 5 notify the secretary of state, in writing, of any contribution of one thousand 6 dollars ($1,000) or more, received by the political treasurer after the six- 7 teenth day before the beginning date of the party conducted nomination process 8 through the concluding date of the party conducted nomination process. The 9 notification required in this subsection shall be made within forty-eight (48) 10 hours after the receipt of such contribution and shall include the name of the 11 candidate or measure, the identification of the contributor, and the date of 12 receipt and amount of the contribution. The notification shall be in addition 13 to the reporting of these contributions in thepost electionpostelection 14 report. 15 (d4) For all reports required pursuant to this section the secretary of 16 state shall accept the date of a postmark as the date of receipt except for 17 the seven (7) daypre-electionpreelection reports which must be received by 18 no later than 5:00 p.m. on the seventh day preceding the primary, the begin- 19 ning of the party conducted nomination process or general election. 20 (e5) Any reports required to be filed under the provisions of this sec- 21 tion may also be filed by means of an electronic facsimile transmission 22 machine. 23 SECTION 26. That Section 67-6608, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 67-6608. DISPOSITION OF UNEXPENDED BALANCES. (a1) If a statement filed 26 under paragraph (3c) of subsection (a1) of section 67-6607, Idaho Code, per- 27 taining to post-general election reports or under paragraph (6f) of subsection 28 (a1) of section 67-6607, Idaho Code, shows an unexpended balance of contribu- 29 tions or an expenditure deficit, the political treasurer for the candidate for 30 nonstatewide office or political committee or measure shall continue to file 31 annual reports on January 31, to cover the period since the end of the last 32 report period, to and including the last day of the month preceding the month 33 in which the report is filed. If a statement filed under paragraph (6f) of 34 subsection (a1) of section 67-6607, Idaho Code, shows an unexpended balance of 35 contributions or an expenditure deficit, the political treasurer for the can- 36 didate for statewide office shall continue to file semiannual reports on Janu- 37 ary 31 and July 31, to cover the period since the end of the last report 38 period, to and including the last day of the month preceding the month in 39 which the report is filed. Such reports shall be filed until the account shows 40 no unexpended balance of contributions or expenditure deficit. 41 (b2) If a candidate wins nomination, supplemental statements under sub- 42 section (a1) of this section need not be filed with respect to the nomination 43 campaign by the political treasurer of a political committee supporting the 44 candidate or by the political treasurer for such candidate, if such political 45 committee continues to function in support of such candidate in the campaign 46 for the general or special election. 47 (c3) A political committee which is organized after an election shall 48 file reports required by subsection (a1) of this section. 49 (d4) The political treasurer for a candidate who was defeated in the pri- 50 mary election or in a party conducted nomination process and whosepost-51primarypostprimary or postparty conducted nomination process report shows an 52 unexpended balance of contributions or a campaign debt, shall continue to file 53 annual reports until there is no unexpended balance of contributions or no 19 1 campaign expenditure deficit. 2 SECTION 27. That Section 67-6610A, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 67-6610A. LIMITATIONS ON CONTRIBUTIONS. (1) Except as provided in subsec- 5 tion (2) of this section, aggregate contributions for a primary election, 6 party conducted nomination process or a general election made by a corpora- 7 tion, political committee, other recognized legal entity or an individual, 8 other than the candidate, to a candidate for the state legislature, and polit- 9 ical committees organized on the candidate's behalf shall be limited to an 10 amount not to exceed one thousand dollars ($1,000) for the primary election or 11 party conducted nomination process and an amount not to exceed one thousand 12 dollars ($1,000) for the general election. Aggregate contributions for a pri- 13 mary election, party conducted nomination process or a general election by a 14 corporation, political committee, other recognized legal entity or an individ- 15 ual, other than the candidate, to a candidate for statewide office and politi- 16 cal committees organized on the candidate's behalf shall be limited to an 17 amount not to exceed five thousand dollars ($5,000) for the primary election 18 or party conducted nomination process and an amount not to exceed five thou- 19 sand dollars ($5,000) for the general election. 20 (2) Aggregate contributions for a primary election, party conducted nomi- 21 nation process or for a general election made by a county central committee or 22 by the state central committee of the political parties qualified under sec- 23 tion 34-501, Idaho Code, to a candidate for the state legislature, and politi- 24 cal committees organized on the candidate's behalf shall be limited to an 25 amount not to exceed two thousand dollars ($2,000) for the primary election or 26 party conducted nomination process and an amount not to exceed two thousand 27 dollars ($2,000) for the general election. Aggregate contributions for the 28 primary election, party conducted nomination process or the general election 29 by the state central committee of the political parties qualified under sec- 30 tion 34-501, Idaho Code, to a candidate for statewide office and political 31 committees organized on the candidate's behalf shall be limited to an amount 32 not to exceed ten thousand dollars ($10,000) for the primary election or party 33 conducted nomination process and an amount not to exceed ten thousand dollars 34 ($10,000) for the general election. 35 (3) For purposes of this section "statewide office" shall mean an office 36 in state government which shall appear on the primary, party conducted nomina- 37 tion process or general election ballot throughout the state. 38 (4) Contributions other than money or its equivalent are deemed to have a 39 monetary value equivalent to the fair market value of the contribution. Ser- 40 vices or property or rights furnished at less than their fair market value for 41 the purpose of assisting any candidate or political committee are deemed a 42 contribution. A contribution of this kind shall be reported as an in-kind con- 43 tribution at its fair market value and counts toward any applicable contribu- 44 tion limit of the contributor. Contributions shall not include the personal 45 services of volunteers. 46 (5) The contribution limits for the state legislature shall apply to 47 judicial district offices, city offices and county offices regulated by this 48 chapter. 49 (6) For the purposes of contribution limits, the following apply: 50 (a) A contribution by a political committee with funds that have all been 51 contributed by one (1) person who exercises exclusive control over the 52 distribution of the funds of the political committee is a contribution by 53 the controlling person. 20 1 (b) All contributions made by a person or political committee whose con- 2 tribution or expenditure activity is financed, maintained or controlled by 3 a trade association, labor union or collective bargaining organization 4 shall be considered a contribution from such trade association, labor 5 union or collective bargaining organization. 6 (c) Two (2) or more entities are treated as a single entity if the enti- 7 ties: 8 (i) Share the majority of members on their board of directors; 9 (ii) Share two (2) or more officers; 10 (iii) Are owned or controlled by the same majority shareholder or 11 shareholders or persons; 12 (iv) Are in a parent-subsidiary relationship; or 13 (v) Have bylaws so stating. 14 (7) The provisions of this section are hereby declared to be severable 15 and if any provision of this section or the application of such provision to 16 any person or circumstance is declared invalid for any reason, such declara- 17 tion shall not affect the validity of the remaining portions of this section. 18 SECTION 28. That Section 67-6610B, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 67-6610B. RETIRING DEBT. If a political committee organized on behalf of 21 a candidate has unpaid debt at the end of the reporting periods specified in 22 section 67-6607(a1)(2b) or67-6607(a1)(6f), Idaho Code, then the committee 23 may accept additional contributions to retire such unpaid debt, provided the 24 contributions do not exceed the applicable contribution limits prescribed. 25 For the purposes of this section "unpaid debt" means any unpaid monetary 26 obligation incurred by the political committee as listed on the reports filed 27 through the postelection report period minus any cash balance reported on the 28 postelection report. Outstanding loans are considered a type of "unpaid debt." 29 SECTION 29. That Section 67-6611, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 67-6611. INDEPENDENT EXPENDITURES. (1) Each person who makes independent 32 expenditures in an aggregate amount exceeding one hundred dollars ($100) in 33 support of or in opposition to any one (1) candidate, political committee or 34 measure, shall file a statement of the expenditure with the secretary of 35 state. 36 (2) Statements shall be filed with the secretary of state, not less than 37 seven (7) days prior to the date of the primary or the beginning date of the 38 party conducted nomination process and the general election and thirty (30) 39 days after the date of the primary election or the concluding date of the 40 party conducted nomination process and the general election. 41 (3) The statement shall contain the following information: (a) the name 42 and address of any person to whom an expenditure in excess of fifty dollars 43 ($50.00) has been made by any such person in support of or in opposition to 44 any such candidate or issue during the reporting period, together with the 45 amount, date and purpose of each such expenditure; and (b) the total sum of 46 all expenditures made in support of or in opposition to any such candidate or 47 measure. 48 (4) In addition to the requirements set forth in subsections (1) and (2) 49 of this section, each person who makes independent expenditures in an aggre- 50 gate amount of one thousand dollars ($1,000) or more after the sixteenth day 51 before, but more than forty-eight (48) hours before, the date of any primary 21 1 election or general election, shall file a written statement of the expendi- 2 ture with the secretary of state not more than forty-eight (48) hours from the 3 time of such expenditure. In addition to the requirements set forth in subsec- 4 tions (1) and (2) of this section, each person who makes independent expendi- 5 tures in an aggregate amount of one thousand dollars ($1,000) or more after 6 the sixteenth day before the beginning date of the party conducted nomination 7 process through the concluding date of the party conducted nomination process 8 shall file a written statement of expenditure with the secretary of state not 9 more than forty-eight (48) hours from the time of such expenditure. The state- 10 ment required by this subsection shall include the information required in 11 subsection (3) of this section. 12 SECTION 30. This act shall be in full force and effect on and after July 13 1, 2009.
STATEMENT OF PURPOSE
RS18061C2
This legislation amends Idaho's election code to provide for two
alternative methods by which a political party may choose nominees
for the general election. The first method is a modified open
primary election that is conducted by the state and counties.
Voters can select an affiliation with a political party or can
select to be designated as "unaffiliated." A voter participating
in the primary election who has selected a party affiliation can
vote only in that party's primary. An "unaffiliated" voter can
vote in the primary of his or her choice.
The second method by which a political party may elect to choose
its nominees for the general election is to conduct its own
nomination process in lieu of the primary election. If a party
elects to conduct its own nomination process it assumes the costs
and administrative responsibility for that nomination process.
FISCAL NOTE
The fiscal impact of this legislation would be $418,000. Half of
this impact ($209,000) would be appropriated for FY 2009, and half
for FY 2010. In each year, $209,000 would be appropriated to the
Secretary of State for implementation costs to be used for public
outreach and county election costs as determined by the Secretary
of State after consultation with the county clerks.
Passage of this legislation would also help prevent the need for
expenses to the state associated with defending the current primary
statute in federal court.
Contact
Name: Keith Allred, The Common Interest
Phone: 208-860-8289
STATEMENT OF PURPOSE/FISCAL NOTE S 1506