S 1111 — ELECTIONS – Amends existing law to revise provisions regarding city election procedures and to provide that city elections shall be held in even years beginning in 2024.

After an election has been ordered, all expenses associated with conducting city general and special elections shall be paid from the county election fund as provided by section 34-1411, Idaho Code.

Expenses associated with conducting runoff elections shall be paid by the city adopting runoff elections pursuant to the provisions of section 50-612 or 50-707B, Idaho Code, or both.

(6) The secretary of state is authorized to provide such assistance as necessary and to prescribe any needed rules or interpretations for the con- duct of elections authorized under the provisions of this section.

SECTION 3.

That Section 34-101, Idaho Code, be, and the same is hereby amended to read as follows:

34-101.

"GENERAL ELECTION" DEFINED -- OFFICES TO BE FILLED -- CON- STITUTIONAL AMENDMENTS.

(1) "General election" means the national, state, city, and county election held on the first Tuesday succeeding the first Monday of November in each even-numbered year.

(2) At these elections, there shall be chosen all congressional, state, city, and county officers, including electors of president and vice-presi- dent vice president of the United States, as are by law to be elected in such years.

(3) All amendments to the Idaho constitution shall be submitted to the voters for their approval at these elections.

SECTION 4.

That Section 34-106, Idaho Code, be, and the same is hereby amended to read as follows:

34-106.

LIMITATION UPON ELECTIONS.

On and after January 1, 2011, notwithstanding any other provisions of the law to the contrary, there shall be no more than two (2) elections conducted in any county in any calendar year, except as provided in this section, and except that elections to fill vacancies in the United States house of representatives shall be held as provided in the governor's proclamation.

(1) The dates on which elections may be conducted are:

(a) The third Tuesday in May of each year;

and (b) The Tuesday following the first Monday in November of each year.

(c) In addition to the elections specified in paragraphs (a) and (b) of this subsection and subsection (7) of this section, an emergency elec- tion may be called upon motion of the governing board of a political sub- division.

An emergency exists when there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disas- ter, or if it is necessary to do emergency work to prepare for a national or local defense, or it is necessary to do emergency work to safeguard life, health or property.

(d) In addition to the elections specified elsewhere in this section, a presidential primary shall be held on the second Tuesday in March in each presidential election year.

Presidential primaries shall be held separately from other primary elections, which shall be held on the third Tuesday in May even in presidential election years.

(2) Candidates for office elected in May shall take office on the date specified in the certificate of election but not more than sixty (60) days following the election.

(3) Candidates for office elected in November shall take office as provided in the constitution, or on January 1, next succeeding the November election.

(4) The governing board of each political subdivision subject to the provisions of this section, which, prior to January 1, 2011, conducted an election for members of that governing board on a date other than a date per- mitted in subsection (1) of this section, shall establish as the election date for that political subdivision the date authorized in subsection (1) of this section which falls nearest the date on which elections were previously conducted, unless another date is established by law.

(5) The secretary of state is authorized to provide such assistance as necessary, and to prescribe any needed rules or interpretations for the con- duct of election authorized under the provisions of this section.

(6) Water districts governed by chapter 6, title 42, Idaho Code, are ex- empt from the provisions of this section.

(7) Community colleges governed by chapter 21, title 33, Idaho Code, and school districts are subject to the limitations specified in subsection (1) of this section, except that school districts may also hold an election on the second Tuesday in March of each year and on the last Tuesday in August of each year on bonded indebtedness and property tax levy questions.

(8) A city initiative or referendum election or a city bond or levy election shall be held on the Tuesday following the first Monday in November of odd even-numbered years.

A county initiative or referendum election or a bond, levy and any other ballot question elections conducted by any politi- cal subdivision shall be held on the nearest date authorized in subsection (1) of this section which that falls more than sixty (60) days after the clerk of the political subdivision orders that such election shall be held in May or November of even-numbered years or more than fifty (50) days after the order for all other elections, unless otherwise provided by law.

Ballot language for any question to be placed on the ballot shall be submitted to the county clerk at least sixty (60) days before an election held in May or November of even-numbered years and at least fifty (50) days before all other elections.

(9) Recall elections may be held on any of the four (4) dates authorized in subsections (1) and (7) of this section that fall more than forty-five (45) days after the clerk of the political subdivision orders that such elec- tion shall be held.

(10) Irrigation districts governed by title 43, Idaho Code, are subject to the limitations specified in subsection (1) of this section, except that irrigation districts may also hold an election on the first Tuesday in Febru- ary of each year and on the first Tuesday in August of each year on questions required to be voted upon by title 43, Idaho Code.

SECTION 5.

That Section 34-1801B, Idaho Code, be, and the same is hereby amended to read as follows:

34-1801B.

INITIATIVE AND REFERENDUM PROCEDURES FOR CITIES.

Each city shall allow direct legislation by the people through the initiative and ref- erendum.

Cities shall follow the procedures set forth in this chapter sub- ject to the following provisions:

(1) The city attorney shall perform the duties assigned to the attorney general.

(2) The city clerk shall perform those duties assigned to the secretary of state.

(3) City initiative and referendum elections shall be held on the Tues- day following the first Monday in November in odd even-numbered years.

(4) An action brought pursuant to section 34-1809, Idaho Code, chal- lenging the ballot title or short title shall be brought in the district court in the county in which the city is located.

(5) Pursuant to section 34-1809, Idaho Code, the city attorney shall prepare recommendations concerning revision of the initiative or referen- dum, issue a certificate of review to the city clerk, and shall prepare the ballot title and short title.

(6) To be eligible to sign a petition for city initiative or referen- dum, a person shall be a qualified elector of the city at the time of signing thereon.

(7) To perfect a petition for city initiative or referendum, the pe- tition shall have signatures from at least twenty percent (20%) of the to- tal number of qualified electors voting in the last general city election in November of an odd even-numbered year.

(8) The provisions of section 34-1805, Idaho Code, relating to the num- ber of required signatures and geographic distribution of signatures shall not apply to city initiative or referendum.

(9) Any person who circulates a petition for city initiative or refer- endum shall be a resident of the state of Idaho and at least eighteen (18) years of age, and, pursuant to section 34-1807, Idaho Code, shall certify their belief that each signer of the petition is a qualified elector of the state of Idaho and the city.

(10) A copy of all petitions and signature sheets shall be kept by the city clerk as a public record.

(11) The prospective petition for referendum, as provided by section 34-1804, Idaho Code, shall be filed not more than sixty (60) days following publication of the adopted ordinance as provided by section 50-901, Idaho Code.

(12) The deadline for submission of signatures to the city clerk is one hundred eighty (180) days after the petitioners for initiative or referendum receive the official ballot title from the city clerk, or April 30 of the year of the initiative or referendum election, whichever is earlier.

(13) Petitioners must submit the signed initiative or referendum peti- tions to the county clerk for verification not later than the close of busi- ness on the first day of May in the year of the initiative or referendum elec- tion, or one hundred eighty (180) days after the petitioners receive the of- ficial ballot title from the city clerk, whichever is earlier.

(14) The county clerk has sixty (60) calendar days to verify the signa- tures as provided in subsection (3) of section 34-1802, Idaho Code.

(15) The city council shall have the option to adopt the ordinance pro- posed by initiative within thirty (30) days after the notification pursuant to section 34-1807, Idaho Code, provided that the petition has the required number of signatures.

The city council shall hold a public hearing on the proposed ordinance within the thirty (30) day period, preceded by legal no- tice published once in the official city newspaper at least seven (7) days preceding the hearing.

If the ordinance is not adopted by the council by the end of the thirty (30) day period, the initiative shall be put on the ballot.

(16) As provided by sections 34-1812A through 34-1812C, Idaho Code, a voters' pamphlet shall be prepared by the city clerk.

(17) To be passed into law, an initiative or referendum shall be ap- proved by a majority of the votes cast on the measure.

(18) The mayor shall issue the proclamation provided by section 34-1813, Idaho Code.

(19) The city clerk shall publish an ordinance adopted by initiative or referendum within thirty (30) days after the proclamation by the mayor pro- vided in subsection (18) of this section.

(20) All city ordinances setting forth procedures for initiative or referendum are void on July 1, 2015.

(21) This section does not apply to bond elections.

(22) This section does not apply to any local zoning legislation includ- ing, but not limited to, ordinances required or authorized pursuant to chap- ter 65, title 67, Idaho Code.

SECTION 6.

That Section 50-402, Idaho Code, be, and the same is hereby amended to read as follows:

50-402.

DEFINITIONS.

The following words and phrases, when used in this chapter, have the meanings respectively given herein.

(a) General election.

"General election" means the election held on the first Tuesday succeeding the first Monday in November in each odd even- numbered year at which there shall be chosen all mayors and councilmen as are by law to be elected in such years.

(b) Special election.

"Special election" means any election other than a general election held at any time for any purpose provided by law.

(c) Qualified elector.

A "qualified elector" means any person who is at least eighteen (18) years of age, is a United States citizen and who has resided in the city at least thirty (30) days next preceding the election at which he desires to vote and who is registered within the time period pro- vided by law.

A "qualified elector" shall also mean any person who is at least eighteen (18) years of age, is a United States citizen, who is a regis- tered voter, and who resides in an area that the city has annexed pursuant to chapter 2, title 50, Idaho Code, within thirty (30) days of a city election.

(d) Residence.

(1) "Residence," for voting purposes, shall be the principal or pri- mary home or place of abode of a person.

Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the du- ration of absence.

In determining what is a principal or primary place of abode of a person, the following circumstances relating to such per- son may be taken into account:

business pursuits, employment, income sources, residence for income or other tax pursuits, residence of par- ents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration.

(2) A qualified elector shall not be considered to have gained resi- dence in any city of this state into which he comes for temporary pur- poses only without the intention of making it his home but with the in- tention of leaving it when he has accomplished the purpose that brought him there.

(3) A qualified elector who has left his home and gone to another area outside the city, for a temporary purpose only, shall not be considered to have lost his residence.

(4) If a qualified elector moves outside the city, with the intentions of making it his permanent home, he shall be considered to have lost his residence in the city.

(e) Election official.

"Election official" means the city clerk, reg- istrar, judge of election, clerk of election, or county clerk engaged in the performance of election duties.

(f) Reference to male.

All references to the male elector and male city officials include the female elector and female city officials, and the mas- culine pronoun includes the feminine.

(g) Computation of time.

Calendar days shall be used in all computa- tions of time made under the provisions of this chapter.

In computing time for any act to be done before any election, the first day shall be included and the last, or election day, shall be excluded.

Saturdays, Sundays and le- gal holidays shall be included, but, if the time for any act to be done shall fall on Saturday, Sunday or a legal holiday, such act shall be done upon the day following each Saturday, Sunday or legal holiday.

SECTION 7.

An emergency existing therefor, which emergency is hereby declared to exist, Sections 1 and 2 of this act shall be in full force and ef- fect on and after passage and approval.

Sections 3, 4, 5, and 6 of this act shall be in full force and effect on and after January 1, 2024.