2008 Legislation
Print Friendly

SENATE BILL NO. 1514<br /> – Candidate name, political message

SENATE BILL NO. 1514

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1514......................................................by STATE AFFAIRS
CANDIDATE NAMES - Adds to existing law relating to candidate names to
provide duties of the Secretary of State or county clerk when a candidate
has changed his or her name to words that convey or attempt to convey a
political message.

03/24    Senate intro - 1st rdg - to printing
    Rpt prt - to St Aff
    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon), Geddes,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Burkett, Goedde
    Floor Sponsor - Davis
    Title apvd - to House
03/25    House intro - 1st rdg - to St Aff
03/27    Rpt out - rec d/p - to 2nd rdg
03/28    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 64-2-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
      Chavez, Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, Kren, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thomas,
      Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Durst, Thayn
      Absent and excused -- King, Labrador, McGeachin, Wills
    Floor Sponsor - Vander Woude
    Title apvd - to Senate
03/31    To enrol
04/01    Rpt enrol - Pres signed - Sp signed - To Governor
04/11    Governor signed
         Session Law Chapter 408
         Effective: 04/11/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1514

                                 BY STATE AFFAIRS COMMITTEE

  1                                        AN ACT
  2    RELATING TO ELECTIONS; TO PROVIDE LEGISLATIVE FINDINGS RELATING  TO  A  PERSON
  3        WHO  CHANGES  THEIR  NAME TO THAT OF A POLITICAL MESSAGE AND SEEKS TO HAVE
  4        THAT POLITICAL MESSAGE PLACED ON THE BALLOT AS A CANDIDATE; AMENDING CHAP-
  5        TER 9, TITLE 34, IDAHO CODE, BY THE ADDITION OF  A  NEW  SECTION  34-903A,
  6        IDAHO  CODE,  TO  PROVIDE DUTIES OF THE SECRETARY OF STATE OR COUNTY CLERK
  7        WHEN A PERSON HAS FILED AS A CANDIDATE AND THE PERSON  HAS  CHANGED  THEIR
  8        NAME  TO WORDS THAT CONVEY OR ATTEMPT TO CONVEY A POLITICAL MESSAGE AND TO
  9        PROVIDE FOR A NOTATION ON THE BALLOT IF  CERTAIN  CRITERIA  ARE  MET;  AND
 10        DECLARING AN EMERGENCY.

 11    Be It Enacted by the Legislature of the State of Idaho:

 12        SECTION 1.  LEGISLATIVE FINDINGS. The Legislature finds that:
 13        (1)  The  state  has  a compelling state interest in the matters described
 14    herein;
 15        (2)  The protection of the integrity and fairness of the ballot  is  inte-
 16    gral to the protection of the right to vote;
 17        (3)  Ballots serve primarily to elect candidates not as fora for political
 18    expression;
 19        (4)  Neither  the  state, a political party, nor a candidate has the right
 20    to send a particularized political message on the ballot;
 21        (5)  Permitting candidates to convey or place a political message  on  the
 22    ballot  by  use of a changed name without explanation undermines ballot integ-
 23    rity by transforming the ballot from a means of choosing candidates to a bill-
 24    board for political advertising;
 25        (6)  To mix names of candidates with apparent  political  propositions  is
 26    confusing  to  voters  and  will  directly affect the integrity of the ballot,
 27    cause spoiled ballots due to double votes for the same office and  potentially
 28    produce a result not intended by voters;
 29        (7)  It  is  necessary for the purpose of eliminating confusion to clarify
 30    the ballot and to advise voters that the vote to be cast is for a  person  and
 31    not a political proposition; and
 32        (8)  As  a  result  of  all of the above, it is appropriate to clarify the
 33    ballot with an explanation that voters are casting a vote for a person and not
 34    a political proposition.

 35        SECTION 2.  That Chapter 9, Title 34, Idaho Code,  be,  and  the  same  is
 36    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 37    ignated as Section 34-903A, Idaho Code, and to read as follows:

 38        34-903A.  NAME ON BALLOT. Should it appear to the secretary  of  state  or
 39    county  clerk  that a person has filed as a candidate and that such person has
 40    changed their name and has changed their name to words that convey or  attempt
 41    to  convey  a  political message, the secretary of state or county clerk shall
 42    make an inquiry to determine: (i) if such person has changed their  name;  and

                                       2

  1    (ii)  if such name contains words that convey a political message to voters on
  2    the ballot; and (iii) if an explanation on the ballot would clarify the ballot
  3    and would assist in eliminating voter confusion. If the secretary of state  or
  4    county  clerk  finds  affirmatively that all three (3) criteria have been met,
  5    the secretary of state or county clerk shall be required to note on the ballot
  6    immediately following the name that appears to be a political proposition  the
  7    following  statement  in  parentheses:  (  A  person, formerly known as ......
  8    ........), inserting in the blank within the parentheses the name by which the
  9    candidate who changed their name was formerly known.

 10        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 11    declared to exist, this act shall be in full force and effect on and after its
 12    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS18140C2

     This legislation protects the integrity of the voting process
by clarifying on the ballot that voters are casting a vote for a
person and not a political proposition or using the ballot for
political advertising.


                          FISCAL IMPACT

     None.







Contact  
Name: Ben Ysursa
Phone: 334-2300


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1514