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S1507aa....................................................by STATE AFFAIRS
ELECTIONS - Amends and adds to existing law relating to elections to revise
procedures for conducting elections in a mail ballot precinct; to revise
primary election ballots; to provide for a separate primary election ballot
for each political party upon which only its ticket shall be printed; to
provide for application; to provide for a primary election voting
procedure; to provide for political party chairman duties; to provide for a
party conducted nomination process; to provide a procedure for requesting
the ballot of a political party that has adopted a specified rule; to
provide that an elector who designates a specific political party ballot
shall receive, in addition, a nonpartisan ballot; to revise certification
of candidates; and to provide for certificates of nomination to certain
offices after the party conducted nomination process.
03/17 Senate intro - 1st rdg - to printing
03/18 Rpt prt - to St Aff
03/31 Rpt out - w/o rec - to 2nd rdg
04/01 2nd rdg - to 3rd rdg
04/02 To 14th Ord
Rpt out amen - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 20-15-0
AYES -- Andreason, Bair, Bastian, Cameron, Coiner, Darrington, Davis,
Fulcher, Geddes, Hammond, Heinrich, Hill, Jorgenson, Keough, Little,
Lodge, McGee, McKenzie, Richardson, Stegner
NAYS -- Bilyeu, Broadsword, Burkett, Corder, Gannon(Gannon), Goedde,
Kelly, Langhorst, Malepeai(Sagness), McKague, Pearce, Schroeder,
Siddoway, Stennett, Werk
Absent and excused -- None
Floor Sponsor - Jorgenson
Title apvd - to House
04/02 House intro - 1st rdg - Held at Desk
1st rdg - to 2nd rdg
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1507 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 34-308, IDAHO CODE, TO PROVIDE A CODE 3 REFERENCE AND TO REVISE PROCEDURES FOR CONDUCTING ELECTIONS IN A MAIL BAL- 4 LOT PRECINCT; AMENDING SECTION 34-904, IDAHO CODE, TO REVISE THE PRIMARY 5 ELECTION BALLOT; AMENDING CHAPTER 9, TITLE 34, IDAHO CODE, BY THE ADDITION 6 OF A NEW SECTION 34-904A, IDAHO CODE, TO PROVIDE FOR APPLICATION, TO PRO- 7 VIDE FOR PRIMARY ELECTION VOTING PROCEDURE AND TO PROVIDE FOR POLITICAL 8 PARTY CHAIRMAN DUTY; AMENDING SECTION 34-1002, IDAHO CODE, TO PROVIDE PRO- 9 CEDURES FOR REQUESTING THE BALLOT OF A POLITICAL PARTY THAT HAS ADOPTED A 10 SPECIFIED RULE; AND AMENDING SECTION 34-1003, IDAHO CODE, TO PROVIDE THAT 11 AN ELECTOR WHO DESIGNATES A SPECIFIC POLITICAL PARTY BALLOT SHALL RECEIVE, 12 IN ADDITION, A NONPARTISAN BALLOT. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 34-308, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 34-308. MAIL BALLOT PRECINCT. A precinct within the county which contains 17 no more than one hundred twenty-five (125) registered electors at the last 18 general election, may be designated by the board of county commissioners a 19 mail ballot precinct no later than April 1 in an even-numbered year. Such a 20 designation shall apply thereafter to all elections conducted within the pre- 21 cinct until revoked by the board of county commissioners. Having designated a 22 mail ballot precinct, there shall be no voting place established within the 23 precinct. Elections in a mail ballot precinct shall be conducted in a manner 24 consistent with absentee voting as provided in chapter 10, title 34, Idaho 25 Code, with the following special provisions. 26 (1) The clerk shall issue a ballot, by mail, to every registered voter in 27 a mail ballot precinct, and shall affix to the return envelope, postage suffi- 28 cient to return the ballot. 29 (2) The ballot shall be mailed no sooner than twenty-four (24) days prior 30 to the election day and no later than the fourteenth day prior to the elec- 31 tion. 32 (3) The clerk shall make necessary provisions to segregate mail ballot 33 precinct ballots by precinct, and for all purposes of the election, the pre- 34 cinct integrity shall be maintained. 35 (4) The clerk shall make available in the office of the clerk, registra- 36 tion on election day for any individual who is eligible to vote and who 37 resides in a mail ballot precinct and has not previously registered. The clerk 38 shall provide an official polling place in the office of the clerk and a qual- 39 ified elector who registers on election day and resides in a mail ballot pre- 40 cinct shall be allowed to vote at the office of the clerk. 41 (5) In order to issue the proper political party's ballot pursuant to 42 section 34-904A, Idaho Code, the county clerk shall mail a ballot form for the 43 primary election ballot to the electors in a mail ballot precinct for the 2 1 electors to use in selecting the party ballot they choose to receive. 2 SECTION 2. That Section 34-904, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 34-904. PRIMARY ELECTION BALLOTS. There shall be asingleseparate pri- 5 mary election balloton which the complete ticket offor each political party 6 upon which only its ticket shall be printed; however, a county may use a sepa- 7 rate ballot for the office of precinct committeeman.Each political ticket8shall be separated from the others by a perforated line that will enable the9elector to detach the ticket of the political party voted from those remain-10ing.All candidates who have filed their declarations of candidacy and are 11 subsequently certified shall be listed under the proper office titles on their 12 political party ticket. The secretary of state shall design the primary elec- 13 tion ballot to allow for write-in candidates under each office title. 14 The office titles shall be listed in order beginning with the highest fed- 15 eral office and ending with precinct offices. The secretary of state has the 16 discretion and authority to arrange the classifications of offices as provided 17 by law. 18 It is not necessary to print a primary ballot for a political party which 19 does not have candidates for more than half of the federal or statewide offi- 20 ces on the ballot if no more than one (1) candidate files for nomination by 21 that party for any of the offices on the ballot. The secretary of state shall 22 certify that no primary election is necessary for that party if such is the 23 case and shall certify to the county clerk the names of candidates for that 24 party for the general election ballot only. 25 SECTION 3. That Chapter 9, 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 34-904A, Idaho Code, and to read as follows: 28 34-904A. VOTING IN PRIMARY ELECTIONS. (1) This section shall apply if a 29 political party has adopted a rule which restricts voting in that party's pri- 30 mary election to electors who publicly declare party affiliation. 31 (2) The poll book shall contain a check off box for poll workers to 32 record that an elector wishes to receive the ballot of the political party 33 which has adopted the rule described in subsection (1) of this section. Elec- 34 tors voting in other political party primaries are not required to indicate in 35 which party primary they are participating. All electors are entitled to vote 36 the nonpartisan ballot. 37 (3) The chairman of the political party adopting the rule described in 38 subsection (1) of this section shall certify the adoption of such rule to the 39 secretary of state not later than January 1 of a general election year. 40 SECTION 4. That Section 34-1002, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 34-1002. APPLICATION FOR ABSENTEE BALLOT. Any registered elector may make 43 written application to the county clerk, or other proper officer charged by 44 law with the duty of issuing official ballots for such election, for an offi- 45 cial ballot or ballots of the kind or kinds to be voted at the election. The 46 application shall contain the name of the elector, his home address, county, 47 and address to which such ballot shall be forwarded. An elector requesting the 48 ballot of a political party which has adopted a rule as described in section 49 34-904A(1), Idaho Code, shall indicate such choice in the elector's applica- 3 1 tion and shall be issued that party's ballot only, along with the nonpartisan 2 ballot. 3 The application for an absent elector's ballot shall be signed personally 4 by the applicant. The application for a mail-in absentee ballot shall be 5 received by the county clerk not later than 5:00 p.m. on the sixth day before 6 the election. An application for in person absentee voting at the absent 7 elector's polling place described in section 34-1006, Idaho Code, shall be 8 received by the county clerk not later than 5:00 p.m. on the day before the 9 election. Application for an absentee ballot may be made by using a facsimile 10 machine. In the event a registered elector is unable to vote in person at his 11 designated polling place on the day of election because of an emergency situa- 12 tion which rendered him physically unable, he may nevertheless apply for an 13 absent elector's ballot on the day of election by notifying the county clerk. 14 No person, may, however, be entitled to vote under an emergency situation 15 unless the situation claimed rendered him physically unable to vote at his 16 designated polling place within forty-eight (48) hours prior to the closing of 17 the polls. 18 A person may make application for an absent elector's ballot by use of a 19 properly executed federal postcard application as provided for in the laws of 20 the United States known as Uniformed and Overseas Citizens Absentee Voting Act 21 (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed federal postcard 22 application (F.P.C.A.), shall be considered as a request for an absent 23 elector's ballot through the next two (2) regularly scheduled general elec- 24 tions for federal office following receipt of the application. The issuing 25 officer shall keep as a part of the records of his office a list of all appli- 26 cations so received and of the manner and time of delivery or mailing to and 27 receipt of returned ballot. 28 The county clerk shall, not later than seventy-five (75) days after the 29 date of each general election, submit a report to the secretary of state con- 30 taining information concerning absentee voters as required by federal law. 31 SECTION 5. That Section 34-1003, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 34-1003. ISSUANCE OF ABSENTEE BALLOT. (1) Upon receipt of an application 34 for an absent elector's ballot within the proper time, the county clerk 35 receiving it shall examine the records of his office to ascertain whether or 36 not such applicant is registered and lawfully entitled to vote as requested 37 and, if found to be so, he shall arrange for the applicant to vote by absent 38 elector's ballot. 39 (2) An elector who designates a specific political party ballot shall 40 receive a primary ballot for that political party and a nonpartisan ballot. 41 (3) The absentee ballot may be delivered to the absent elector in the 42 office of the county clerk, by postage prepaid mail or by other appropriate 43 means, including use of a facsimile machine. A political party may supply a 44 witness to accompany the clerk in the personal delivery of an absentee ballot. 45 (4) If the political party desires to supply a witness it shall be the 46 duty of the political party to supply the names of such witnesses to the clerk 47 no later than forty-five (45) days prior to the election. The clerk shall 48 notify such witnesses of the date and approximate hour the clerk or deputy 49 clerk intends to deliver the ballot. 50 (5) A candidate for public office or a spouse of a candidate for public 51 office shall not be a witness in the personal delivery of absentee ballots. 52 (6) An elector physically unable to mark his own ballot may receive 53 assistance in marking such ballot from the officer delivering same or an 4 1 available person of his own choosing. In the event the election officer is 2 requested to render assistance in marking an absent elector's ballot, the 3 officer shall ascertain the desires of the elector and shall vote the 4 applicant's ballot accordingly. When such ballot is marked by an election 5 officer, the witnesses on hand shall be allowed to observe such marking. No 6 county clerk, deputy, or other person assisting a disabled voter shall attempt 7 to influence the vote of such elector in any manner.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Little Seconded by Davis IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1507 1 AMENDMENTS TO THE BILL 2 On page 2 of the printed bill, following line 39 insert: 3 "SECTION 4. That Chapter 9, Title 34, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 5 ignated as Section 34-904B, Idaho Code, and to read as follows: 6 34-904B. PARTY CONDUCTED NOMINATION PROCESS. (1) In lieu of participating 7 in a primary election conducted and paid for by public funds, a political 8 party may choose to nominate its candidates for county, district, state and 9 federal offices and elect precinct committeemen through a party conducted nom- 10 ination process. 11 (2) A party conducted nomination process may be conducted pursuant to 12 rules adopted by the political party, provided that the political party is 13 responsible for all expenses and the administration associated with conducting 14 the party conducted nomination process."; 15 and in line 40, delete "SECTION 4" and insert: "SECTION 5"; on page 3, in line 16 31, delete "SECTION 5" and insert: "SECTION 6"; and on page 4, following line 17 7, insert: 18 "SECTION 7. That Section 34-1208, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 34-1208. CERTIFICATES OF NOMINATION OR ELECTION. (1) Immediately after 21 the primary election canvass the county clerk shall issue certificates of nom- 22 ination to the political party candidates of each party who receive the high- 23 est number of votes for their particular county office, and the candidates so 24 certified shall have their names placed on the general election ballot. On or 25 before the eighth day after the primary election canvass, the county clerk 26 shall issue certificates of election to the precinct committeemen of each 27 political party who receive the highest number of votes in their precinct. 28 Provided that to be elected, a precinct committeeman shall receive a minimum 29 of five (5) votes. In the event no candidate receives the minimum number of 30 votes required to be elected, a vacancy in the office shall exist and shall be 31 filled as otherwise provided by law. The county clerk shall also certify by 32 registered mail the results of both the primary and the presidential primary 33 elections to the secretary of state. The form for such certificate shall be 34 prescribed by the secretary of state and be uniform throughout the state. 35 (2) In the event that a political party elects to nominate its candidates 36 for elected office at a party conducted nomination process, the county central 37 committee of the political party that has nominated candidates for county 38 elected offices shall, immediately after the party conducted nomination proc- 39 ess, certify by registered mail to the county clerk and to the secretary of 2 1 state the names of the candidates for office who have been nominated and pre- 2 cinct committeemen who have been elected and the concluding date of the party 3 conducted nomination process. On or before the eighth day after receiving the 4 certificate from the central committee, the county clerk shall issue certifi- 5 cates of nomination to the political party's qualified candidates for county 6 office and certificates of election to the precinct committeemen. The quali- 7 fied candidates issued certificates of nomination shall have their names 8 placed on the general election ballot. 9 SECTION 8. That Section 34-1214, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 34-1214. CERTIFICATES OF NOMINATION OR ELECTION TO FEDERAL, STATE, DIS- 12 TRICT OR NONPARTISAN OFFICES AFTER PRIMARY OR PARTY CONDUCTED NOMINATION PROC- 13 ESS. (1) Immediately after the primary election canvass, the secretary of 14 state shall issue certificates of nomination to the political party candidates 15 of each party who receive the highest number of votes for their particular 16 federal, state or district office. In the event a political party elects to 17 nominate candidates at a party conducted nomination process, the political 18 party's state central committee shall immediately certify by registered mail 19 to the secretary of state the names of the candidates nominated for federal, 20 state or district office and the concluding date of the party conducted nomi- 21 nation process. After receiving the certification of the political party's 22 candidates for federal, state or district elected office, the secretary of 23 state shall issue certificates of nomination to the qualified candidates. The 24 qualified candidates so certified shall have their names placed on the general 25 election ballot. 26 (2) Immediately after the primary election canvass, the secretary of 27 state shall issue certificates of nomination to the nonpartisan candidate or 28 candidates who receive the highest number of votes for the number of vacancies 29 which are to be filled for a particular office and also to the same number of 30 candidates who receive the second highest number of votes for the particular 31 office. The candidates so certified shall have their names placed on the gen- 32 eral election ballot. If it appears from the canvass that a particular candi- 33 date has received a majority of the total vote cast for the particular office, 34 he shall be issued a certificate of election instead of a certificate of nomi- 35 nation and no candidates shall run for the particular office in the general 36 election.". 37 CORRECTIONS TO TITLE 38 On page 1, in line 8, following "DUTY;" insert: "AMENDING CHAPTER 9, TITLE 39 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-904B, IDAHO CODE, TO PRO- 40 VIDE FOR A PARTY CONDUCTED NOMINATION PROCESS;"; in line 10, delete "AND"; and 41 in line 12, following "BALLOT" insert: "; AMENDING SECTION 34-1208, IDAHO 42 CODE, TO REVISE THE CERTIFICATION OF CANDIDATES; AND AMENDING SECTION 34-1214, 43 IDAHO CODE, TO PROVIDE FOR CERTIFICATES OF NOMINATION TO CERTAIN OFFICES AFTER 44 THE PARTY CONDUCTED NOMINATION PROCESS".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1507, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO ELECTIONS; AMENDING SECTION 34-308, IDAHO CODE, TO PROVIDE A CODE 3 REFERENCE AND TO REVISE PROCEDURES FOR CONDUCTING ELECTIONS IN A MAIL BAL- 4 LOT PRECINCT; AMENDING SECTION 34-904, IDAHO CODE, TO REVISE THE PRIMARY 5 ELECTION BALLOT; AMENDING CHAPTER 9, TITLE 34, IDAHO CODE, BY THE ADDITION 6 OF A NEW SECTION 34-904A, IDAHO CODE, TO PROVIDE FOR APPLICATION, TO PRO- 7 VIDE FOR PRIMARY ELECTION VOTING PROCEDURE AND TO PROVIDE FOR POLITICAL 8 PARTY CHAIRMAN DUTY; AMENDING CHAPTER 9, TITLE 34, IDAHO CODE, BY THE 9 ADDITION OF A NEW SECTION 34-904B, IDAHO CODE, TO PROVIDE FOR A PARTY CON- 10 DUCTED NOMINATION PROCESS; AMENDING SECTION 34-1002, IDAHO CODE, TO PRO- 11 VIDE PROCEDURES FOR REQUESTING THE BALLOT OF A POLITICAL PARTY THAT HAS 12 ADOPTED A SPECIFIED RULE; AMENDING SECTION 34-1003, IDAHO CODE, TO PROVIDE 13 THAT AN ELECTOR WHO DESIGNATES A SPECIFIC POLITICAL PARTY BALLOT SHALL 14 RECEIVE, IN ADDITION, A NONPARTISAN BALLOT; AMENDING SECTION 34-1208, 15 IDAHO CODE, TO REVISE THE CERTIFICATION OF CANDIDATES; AND AMENDING SEC- 16 TION 34-1214, IDAHO CODE, TO PROVIDE FOR CERTIFICATES OF NOMINATION TO 17 CERTAIN OFFICES AFTER THE PARTY CONDUCTED NOMINATION PROCESS. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 34-308, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 34-308. MAIL BALLOT PRECINCT. A precinct within the county which contains 22 no more than one hundred twenty-five (125) registered electors at the last 23 general election, may be designated by the board of county commissioners a 24 mail ballot precinct no later than April 1 in an even-numbered year. Such a 25 designation shall apply thereafter to all elections conducted within the pre- 26 cinct until revoked by the board of county commissioners. Having designated a 27 mail ballot precinct, there shall be no voting place established within the 28 precinct. Elections in a mail ballot precinct shall be conducted in a manner 29 consistent with absentee voting as provided in chapter 10, title 34, Idaho 30 Code, with the following special provisions. 31 (1) The clerk shall issue a ballot, by mail, to every registered voter in 32 a mail ballot precinct, and shall affix to the return envelope, postage suffi- 33 cient to return the ballot. 34 (2) The ballot shall be mailed no sooner than twenty-four (24) days prior 35 to the election day and no later than the fourteenth day prior to the elec- 36 tion. 37 (3) The clerk shall make necessary provisions to segregate mail ballot 38 precinct ballots by precinct, and for all purposes of the election, the pre- 39 cinct integrity shall be maintained. 40 (4) The clerk shall make available in the office of the clerk, registra- 41 tion on election day for any individual who is eligible to vote and who 42 resides in a mail ballot precinct and has not previously registered. The clerk 43 shall provide an official polling place in the office of the clerk and a qual- 2 1 ified elector who registers on election day and resides in a mail ballot pre- 2 cinct shall be allowed to vote at the office of the clerk. 3 (5) In order to issue the proper political party's ballot pursuant to 4 section 34-904A, Idaho Code, the county clerk shall mail a ballot form for the 5 primary election ballot to the electors in a mail ballot precinct for the 6 electors to use in selecting the party ballot they choose to receive. 7 SECTION 2. That Section 34-904, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 34-904. PRIMARY ELECTION BALLOTS. There shall be asingleseparate pri- 10 mary election balloton which the complete ticket offor each political party 11 upon which only its ticket shall be printed; however, a county may use a sepa- 12 rate ballot for the office of precinct committeeman.Each political ticket13shall be separated from the others by a perforated line that will enable the14elector to detach the ticket of the political party voted from those remain-15ing.All candidates who have filed their declarations of candidacy and are 16 subsequently certified shall be listed under the proper office titles on their 17 political party ticket. The secretary of state shall design the primary elec- 18 tion ballot to allow for write-in candidates under each office title. 19 The office titles shall be listed in order beginning with the highest fed- 20 eral office and ending with precinct offices. The secretary of state has the 21 discretion and authority to arrange the classifications of offices as provided 22 by law. 23 It is not necessary to print a primary ballot for a political party which 24 does not have candidates for more than half of the federal or statewide offi- 25 ces on the ballot if no more than one (1) candidate files for nomination by 26 that party for any of the offices on the ballot. The secretary of state shall 27 certify that no primary election is necessary for that party if such is the 28 case and shall certify to the county clerk the names of candidates for that 29 party for the general election ballot only. 30 SECTION 3. That Chapter 9, Title 34, Idaho Code, be, and the same is 31 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 32 ignated as Section 34-904A, Idaho Code, and to read as follows: 33 34-904A. VOTING IN PRIMARY ELECTIONS. (1) This section shall apply if a 34 political party has adopted a rule which restricts voting in that party's pri- 35 mary election to electors who publicly declare party affiliation. 36 (2) The poll book shall contain a check off box for poll workers to 37 record that an elector wishes to receive the ballot of the political party 38 which has adopted the rule described in subsection (1) of this section. Elec- 39 tors voting in other political party primaries are not required to indicate in 40 which party primary they are participating. All electors are entitled to vote 41 the nonpartisan ballot. 42 (3) The chairman of the political party adopting the rule described in 43 subsection (1) of this section shall certify the adoption of such rule to the 44 secretary of state not later than January 1 of a general election year. 45 SECTION 4. That Chapter 9, Title 34, Idaho Code, be, and the same is 46 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 47 ignated as Section 34-904B, Idaho Code, and to read as follows: 48 34-904B. PARTY CONDUCTED NOMINATION PROCESS. (1) In lieu of participating 49 in a primary election conducted and paid for by public funds, a political 3 1 party may choose to nominate its candidates for county, district, state and 2 federal offices and elect precinct committeemen through a party conducted nom- 3 ination process. 4 (2) A party conducted nomination process may be conducted pursuant to 5 rules adopted by the political party, provided that the political party is 6 responsible for all expenses and the administration associated with conducting 7 the party conducted nomination process. 8 SECTION 5. That Section 34-1002, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 34-1002. APPLICATION FOR ABSENTEE BALLOT. Any registered elector may make 11 written application to the county clerk, or other proper officer charged by 12 law with the duty of issuing official ballots for such election, for an offi- 13 cial ballot or ballots of the kind or kinds to be voted at the election. The 14 application shall contain the name of the elector, his home address, county, 15 and address to which such ballot shall be forwarded. An elector requesting the 16 ballot of a political party which has adopted a rule as described in section 17 34-904A(1), Idaho Code, shall indicate such choice in the elector's applica- 18 tion and shall be issued that party's ballot only, along with the nonpartisan 19 ballot. 20 The application for an absent elector's ballot shall be signed personally 21 by the applicant. The application for a mail-in absentee ballot shall be 22 received by the county clerk not later than 5:00 p.m. on the sixth day before 23 the election. An application for in person absentee voting at the absent 24 elector's polling place described in section 34-1006, Idaho Code, shall be 25 received by the county clerk not later than 5:00 p.m. on the day before the 26 election. Application for an absentee ballot may be made by using a facsimile 27 machine. In the event a registered elector is unable to vote in person at his 28 designated polling place on the day of election because of an emergency situa- 29 tion which rendered him physically unable, he may nevertheless apply for an 30 absent elector's ballot on the day of election by notifying the county clerk. 31 No person, may, however, be entitled to vote under an emergency situation 32 unless the situation claimed rendered him physically unable to vote at his 33 designated polling place within forty-eight (48) hours prior to the closing of 34 the polls. 35 A person may make application for an absent elector's ballot by use of a 36 properly executed federal postcard application as provided for in the laws of 37 the United States known as Uniformed and Overseas Citizens Absentee Voting Act 38 (UOCAVA, 42 U.S.C. 1973 ff, et seq.). A properly executed federal postcard 39 application (F.P.C.A.), shall be considered as a request for an absent 40 elector's ballot through the next two (2) regularly scheduled general elec- 41 tions for federal office following receipt of the application. The issuing 42 officer shall keep as a part of the records of his office a list of all appli- 43 cations so received and of the manner and time of delivery or mailing to and 44 receipt of returned ballot. 45 The county clerk shall, not later than seventy-five (75) days after the 46 date of each general election, submit a report to the secretary of state con- 47 taining information concerning absentee voters as required by federal law. 48 SECTION 6. That Section 34-1003, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 34-1003. ISSUANCE OF ABSENTEE BALLOT. (1) Upon receipt of an application 51 for an absent elector's ballot within the proper time, the county clerk 4 1 receiving it shall examine the records of his office to ascertain whether or 2 not such applicant is registered and lawfully entitled to vote as requested 3 and, if found to be so, he shall arrange for the applicant to vote by absent 4 elector's ballot. 5 (2) An elector who designates a specific political party ballot shall 6 receive a primary ballot for that political party and a nonpartisan ballot. 7 (3) The absentee ballot may be delivered to the absent elector in the 8 office of the county clerk, by postage prepaid mail or by other appropriate 9 means, including use of a facsimile machine. A political party may supply a 10 witness to accompany the clerk in the personal delivery of an absentee ballot. 11 (4) If the political party desires to supply a witness it shall be the 12 duty of the political party to supply the names of such witnesses to the clerk 13 no later than forty-five (45) days prior to the election. The clerk shall 14 notify such witnesses of the date and approximate hour the clerk or deputy 15 clerk intends to deliver the ballot. 16 (5) A candidate for public office or a spouse of a candidate for public 17 office shall not be a witness in the personal delivery of absentee ballots. 18 (6) An elector physically unable to mark his own ballot may receive 19 assistance in marking such ballot from the officer delivering same or an 20 available person of his own choosing. In the event the election officer is 21 requested to render assistance in marking an absent elector's ballot, the 22 officer shall ascertain the desires of the elector and shall vote the 23 applicant's ballot accordingly. When such ballot is marked by an election 24 officer, the witnesses on hand shall be allowed to observe such marking. No 25 county clerk, deputy, or other person assisting a disabled voter shall attempt 26 to influence the vote of such elector in any manner. 27 SECTION 7. That Section 34-1208, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 34-1208. CERTIFICATES OF NOMINATION OR ELECTION. (1) Immediately after 30 the primary election canvass the county clerk shall issue certificates of nom- 31 ination to the political party candidates of each party who receive the high- 32 est number of votes for their particular county office, and the candidates so 33 certified shall have their names placed on the general election ballot. On or 34 before the eighth day after the primary election canvass, the county clerk 35 shall issue certificates of election to the precinct committeemen of each 36 political party who receive the highest number of votes in their precinct. 37 Provided that to be elected, a precinct committeeman shall receive a minimum 38 of five (5) votes. In the event no candidate receives the minimum number of 39 votes required to be elected, a vacancy in the office shall exist and shall be 40 filled as otherwise provided by law. The county clerk shall also certify by 41 registered mail the results of both the primary and the presidential primary 42 elections to the secretary of state. The form for such certificate shall be 43 prescribed by the secretary of state and be uniform throughout the state. 44 (2) In the event that a political party elects to nominate its candidates 45 for elected office at a party conducted nomination process, the county central 46 committee of the political party that has nominated candidates for county 47 elected offices shall, immediately after the party conducted nomination proc- 48 ess, certify by registered mail to the county clerk and to the secretary of 49 state the names of the candidates for office who have been nominated and pre- 50 cinct committeemen who have been elected and the concluding date of the party 51 conducted nomination process. On or before the eighth day after receiving the 52 certificate from the central committee, the county clerk shall issue certifi- 53 cates of nomination to the political party's qualified candidates for county 5 1 office and certificates of election to the precinct committeemen. The quali- 2 fied candidates issued certificates of nomination shall have their names 3 placed on the general election ballot. 4 SECTION 8. That Section 34-1214, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 34-1214. CERTIFICATES OF NOMINATION OR ELECTION TO FEDERAL, STATE, DIS- 7 TRICT OR NONPARTISAN OFFICES AFTER PRIMARY OR PARTY CONDUCTED NOMINATION PROC- 8 ESS. (1) Immediately after the primary election canvass, the secretary of 9 state shall issue certificates of nomination to the political party candidates 10 of each party who receive the highest number of votes for their particular 11 federal, state or district office. In the event a political party elects to 12 nominate candidates at a party conducted nomination process, the political 13 party's state central committee shall immediately certify by registered mail 14 to the secretary of state the names of the candidates nominated for federal, 15 state or district office and the concluding date of the party conducted nomi- 16 nation process. After receiving the certification of the political party's 17 candidates for federal, state or district elected office, the secretary of 18 state shall issue certificates of nomination to the qualified candidates. The 19 qualified candidates so certified shall have their names placed on the general 20 election ballot. 21 (2) Immediately after the primary election canvass, the secretary of 22 state shall issue certificates of nomination to the nonpartisan candidate or 23 candidates who receive the highest number of votes for the number of vacancies 24 which are to be filled for a particular office and also to the same number of 25 candidates who receive the second highest number of votes for the particular 26 office. The candidates so certified shall have their names placed on the gen- 27 eral election ballot. If it appears from the canvass that a particular candi- 28 date has received a majority of the total vote cast for the particular office, 29 he shall be issued a certificate of election instead of a certificate of nomi- 30 nation and no candidates shall run for the particular office in the general 31 election.
STATEMENT OF PURPOSE
RS17820
This legislation amends Idaho's election law to provide that
in the event a political party adopts a party rule limiting who can
participate in their primary election, any voter who appeared at
the polls to vote would be asked if they wanted that party's
primary ballot. If the voter did select that party's ballot, the
voter's choice would be recorded in the poll book. In the event no
party chooses to limit participation, Idaho would continue to
conduct an open primary as it has in the past. This legislation is
less obtrusive to the voters and costs less to implement than
closed or semi-closed primary options and would maintain Idaho's
tradition of never having to register by party affiliation.
FISCAL IMPACT
The fiscal impact of the legislation on the General Fund would
be approximately $200,000 to the general fund to conduct a voter
information campaign and would cost the counties an additional
$64,000 in ballot printing cost, depending on the length of the
ballot.
Contact: Ben Ysursa
334-2300
Tim Hurst
332-2812
STATEMENT OF PURPOSE/FISCAL NOTE S 1507