Idaho 66th Legislature, 1st Regular Session (2021) Status: Passed House

H 319 — ELECTIONS – Amends existing law to provide for city officer elections in even-numbered years, to provide for the transition of certain city elections from at large to by district, and to revise provisions regarding the redistricting of city council districts.

Last action — Introduced, read first time; referred to: State Affairs

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 66th Legislature, 1st Regular Session (2021). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

377 added · 288 removed

377 line(s) added, 288 removed.

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319 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO CITY ELECTIONS;
319, As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO CITY ELECTIONS;
PROVIDING LEGISLATIVE INTENT;
AMENDING SECTION 34-101, IDAHO CODE, TO PRO- VIDE THAT CITY ELECTIONS SHALL BE HELD IN EVEN-NUMBERED YEARS AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SEC- TION 34-101, IDAHO CODE, TO PROVIDE THAT CITY ELECTIONS SHALL BE HELD IN EVEN-NUMBERED YEARS AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 34-106, IDAHO CODE, TO PROVIDE THAT CITY INITIATIVE AND REFERENDUM ELECTIONS SHALL BE HELD IN EVEN-NUMBERED YEARS AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 34-106, IDAHO CODE, TO PROVIDE THAT A CITY INITIATIVE, REFER- ENDUM, BOND, OR LEVY ELECTION SHALL BE HELD IN EVEN-NUMBERED YEARS AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 34-1801B, IDAHO CODE, TO PROVIDE THAT CITY INITIATIVE AND REF- ERENDUM ELECTIONS SHALL BE HELD IN EVEN-NUMBERED YEARS AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 34-1801B, IDAHO CODE, TO PROVIDE THAT CITY INITIATIVE AND REFERENDUM ELECTIONS SHALL BE HELD IN EVEN-NUMBERED YEARS AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 50-402, IDAHO CODE, TO REVISE A DEFINITION AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SEC- TION 50-402, IDAHO CODE, TO REVISE A DEFINITION AND TO MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 50-405, IDAHO CODE, TO REVISE PROVISIONS REGARDING WHEN CITY GENERAL ELECTIONS SHALL BE HELD;
AMENDING SECTION 50-405, IDAHO CODE, TO PROVIDE THAT A CITY GENERAL ELECTION SHALL BE HELD IN EVEN-NUMBERED YEARS;
AMENDING SECTION 50-707A, IDAHO CODE, TO REVISE PROVI- SIONS REGARDING THE ELECTION OF CITY COUNCIL MEMBERS;
AND DECLAR- ING AN EMERGENCY.
AND DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE DATES.
LEGISLATIVE INTENT.
It is the intent of the Legislature to shift elections for city officials to even-numbered years.
Any elected city official whose term of office expires in 2021 or in any other odd-numbered year shall remain in office until the first election is held in an even-num- bered year after the official's term of office would have otherwise expired.
SECTION 2.
SECTION 3.
SECTION 2.
(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.
(8) A city initiative or referendum election shall be held on the Tues- day 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.
A county initiative or referendum election or a bond, levy and any other bal- lot question elections conducted by any political 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.
SECTION 4.
SECTION 3.
(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.
(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-numbered year if the election is to be held in or before November 2024.
If the election is to be held in November of 2026 or later, the petition 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 even-numbered year .
SECTION 5.
SECTION 4.
(1) "Residence, " for voting purposes, shall be the principal or pri- mary home or place of abode of a person.
(1) "Residence," for voting purposes, shall be the principal or pri- mary home or place of abode of a person.
SECTION 6.
SECTION 5.
(1) A general election shall be held in each city governed by this title, for officials as in this title provided, on the Tuesday following the first Monday of November in each odd even-numbered year.
(1)(a) A general election shall be held in each city governed by this title, for officials as in this title provided, on the Tuesday following the first Monday of November in each odd-numbered year.
All such officials shall be elected and hold their respective offices for the term specified and until their successors are elected and qualified.
until 2024, when city officials shall be elected at a general election held on the Tuesday following the first Monday of November in even-numbered years.
The transition for cities holding city council member elections by district shall be governed by the provisions of section 50-707A, Idaho Code.
The transition for all city mayors and for cities holding city council member elections at large shall be governed by the provisions of this subsection, notwithstanding any other provision of law to the contrary:
(i) Any city official elected at the 2021 election shall serve a term of three (3) years.
(ii) Any city official elected at the 2023 election shall serve a term of three (3) years.
(iii) The normal terms of office, as appropriate under applicable law, shall resume for any city official elected at the 2024 elec - tion and each election thereafter.
(b) All such officials shall be elected and hold their respective of- fices for the term specified and until their successors are elected and qualified.
SECTION 6.
That Section 50-707A, Idaho Code, be, and the same is hereby amended to read as follows:
50-707A.
ELECTION OF COUNCILMEN BY DISTRICTS.
(1) Any city having fewer than one hundred thousand (100,000) inhabitants based upon the most recent federal decennial census may, by ordinance, provide for districts and the election of councilmen by districts.
Upon the adoption of such an ordinance and at least one hundred twenty (120) days prior to each general election, the governing body of the city shall establish the territory of council districts in accordance with this section.
Any city having more than one hundred thousand (100,000) inhabitants based upon the most recent federal decennial census shall establish districts and shall elect coun- cilmen by such districts for districts so established.
Districts shall be established no later than one hundred twenty (120) days prior to the general election following the date that election precincts are established pur- suant to the provisions of section 34-301, Idaho Code.
(2) Each district shall consist of one (1) or more contiguous election precincts as established pursuant to the provisions of chapter 3, title 34, Idaho Code, and each district shall, to the nearest extent possible, contain the same number of people population based upon the most recent federal de- cennial census, with a maximum ten percent (10%) variance between the least populated district and the most populated district .
(3) Each city establishing districts for the election of councilmen by districts shall establish the number of districts corresponding to the num- ber of council seats determined by the city pursuant to section 50-701, Idaho Code, or for any city having a governing body governed by the provisions of sections 50-801 through 50-812, Idaho Code, the number of council seats de- termined by the city pursuant to section 50-805, Idaho Code.
(4) Districts will be drawn by a committee as established by ordinance.
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The county clerk or designee shall be a nonvoting ex officio member to as - sist the committee with regard to precincts, boundaries, and any other dis - tricting issues.
Districts must be compact.
No shoestring districts or dis - tricts drawn to protect incumbents are permitted.
Districts must be redrawn every ten (10) years following the decennial census.
If a city's boundaries change in the interim, the new territory must be joined to a contiguous dis - trict.
If two (2) districts are contiguous to the new territory, the ter - ritory must be added to the district with the lower population, unless to do so would result in a population variance greater than ten percent (10%).
In such a case, or if the districts are of equal population, the new territory may be split evenly by population between the two (2) contiguous districts.
All proceedings of the committee must comply with the open meetings law set forth in chapter 2, title 74, Idaho Code.
All draft maps, memoranda, and other records of the committee are public records subject to chapter 1, ti - tle 74, Idaho Code.
(5) Upon establishment of city election districts, council members are to be elected by the electors of the said geographic district, and any can- didate must be a resident of said geographic district.
For cities with fewer than one hundred thousand (100,000) inhabitants that establish districts by ordinance, the council shall determine, not less than ninety (90) days be - fore the next general election, the method of the implementation of this or - dinance.
(6) Any city transitioning from at-large elections to elections by dis- trict shall be governed by the following provisions:
(a) For the 2021 election of city council members, elections may con- tinue to be at large, but members shall be elected for a two (2) year term only.
(b) Districts shall be established using the 2020 federal decennial census data at least one hundred twenty (120) days prior to the general election held in 2023.
(c) For the 2023 election of city council members, all council member seats shall be open for election, using the new districts established under paragraph (b) of this subsection.
In order to implement alter - nating terms, members elected to odd-numbered districts in 2023 shall be elected for a one (1) year term and members elected to even-numbered districts in 2023 shall be elected for a three (3) year term.
In 2024 and thereafter, city council elections shall be held in even-numbered years and the usual terms of office shall resume, as appropriate under appli - cable law.
(d) Following any subsequent redistricting of city council district boundaries, any sitting council member shall be permitted to serve the remainder of his term in order to preserve the staggering of terms.
A council member is not permitted to run for reelection to a district seat in which the member is not a resident.
An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval.
An emergency existing therefor, which emergency is hereby declared to exist, Sections 5 and 6 of this act shall be in full force and ef- fect on and after passage and approval.
Sections 1, 2, 3, and 4 of this act shall be in full force and effect on and after January 1, 2024.
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Amendments

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Action History

  1. Introduced, read first time; referred to: State Affairs

  2. Received from the House passed; filed for first reading

  3. Rules Suspended: Ayes 53 Nays 6 Abs/Excd 10, read in full as required – PASSED - 41-21-7AYES – Adams, Addis(Smith), Amador, Barbieri, Blanksma, Boyle, Bundy, Cannon, Christensen, Crane, DeMordaunt, Dixon, Ehardt, Erickson, Ferch, Galloway, Giddings, Hanks, Harris, Holtzclaw, Horman, Kerby, Marshall, Mendive, Mitchell, Monks, Moon, Moyle, Nate, Nichols, Okuniewicz, Palmer, Scott, Shepherd, Skaug, Troy, Vander Woude, Wisniewski, Yamamoto, Young, Mr. SpeakerNAYS – Berch, Chaney, Chew, Davis, Furniss, Gannon, Gibbs, Green, Hartgen, Kingsley, Lickley, Manwaring, Mathias, McCrostie, Nash, Necochea, Rubel, Syme, Toone, Wood, YoungbloodAbsent – Andrus, Armstrong, Clow, Gestrin, Kauffman, Ruchti, Weber, Vacant-Dist. 6AFloor Sponsor - DeMordauntTitle apvd - to Senate

  4. Read first time as amended; filed for Second Reading

  5. Reported Engrossed; Filed for First Reading of Engrossed Bills

  6. Bill as Amended Referred to JRA for Engrossing

  7. Amendments Referred to the JRA for Printing

  8. Reported out without recommendation as amended

  9. Referred to the Committee of the Whole

  10. U.C. to be placed on General Orders, no objection

  11. U.C. to be placed on General Orders

  12. U.C. to hold place on third reading calendar until Monday, May 3, 2021

  13. U.C. to hold place on third reading calendar until Thursday, April 29, 2021

  14. U.C. to hold place on third reading calendar one legislative day

  15. U.C. to hold place on third reading calendar until Monday, April 26, 2021

  16. U.C. to hold place on third reading calendar one legislative day

  17. U.C. to hold place on third reading calendar one legislative day

  18. U.C. to hold place on third reading calendar one legislative day

  19. U.C. to hold place on third reading calendar one legislative day

  20. U.C. to hold place on third reading calendar until Monday, April 19, 2021

  21. U.C. to hold place on third reading calendar one legislative day

  22. U.C. to hold place on third reading calendar one legislative day

  23. U.C. to hold place on third reading calendar one legislative day

  24. U.C. to hold place on third reading calendar one legislative day

  25. U.C. to hold place on third reading calendar until Monday, April 12, 2021

  26. U.C. to hold place on third reading calendar one legislative day

  27. Read second time; Filed for Third Reading

  28. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

  29. Reported Printed and Referred to State Affairs

  30. Introduced, read first time, referred to JRA for Printing

Sponsors

  • STATE AFFAIRS COMMITTEE · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on

Sponsors (1)

  • STATE AFFAIRS COMMITTEE

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors H 319?
H 319 is sponsored by STATE AFFAIRS COMMITTEE.
What is the current status of H 319?
This bill died with 66th Legislature, 1st Regular Session (2021). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track H 319?
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