Idaho 67th Legislature, 1st Regular Session (2023) Status: In Committee

H 259 — ELECTIONS – Amends existing law to revise provisions regarding the issuance of absentee ballots.

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

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill died with 67th Legislature, 1st Regular Session (2023). It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

81 added · 171 removed

81 line(s) added, 171 removed.

→
Previous
Latest
259 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO ABSENTEE BALLOTS;
259, As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO ABSENTEE BALLOTS;
AMENDING SECTION 34-1002, IDAHO CODE, TO RE- VISE PROVISIONS REGARDING APPLICATIONS FOR ABSENTEE BALLOTS;
AMENDING SECTION 34-1003, IDAHO CODE, TO RE- VISE PROVISIONS REGARDING ISSUANCE OF ABSENTEE BALLOTS;
AMENDING SECTION 34-1003, IDAHO CODE, TO REVISE PROVISIONS REGARDING ISSUANCE OF ABSENTEE BALLOTS;
That Section 34-1002, Idaho Code, be, and the same is hereby amended to read as follows:
34-1002.
APPLICATION FOR ABSENTEE BALLOT.
(1) Any registered elector may make written application to the county clerk, or other proper officer charged by law with the duty of issuing official ballots for such election, for an official ballot or ballots of the kind or kinds to be voted at the elec- tion.
The application shall contain the name of the elector, the elector's home address, county, and address to which such ballot shall be forwarded.
(2) In order to provide the appropriate primary election ballot to electors, in the event a political party elects to allow unaffiliated elec- tors to vote in that party's primary election pursuant to section 34-904A, Idaho Code, the elector shall designate, as part of the written application for a ballot for primary elections, the elector's party affiliation or des- ignation as "unaffiliated." The application shall contain checkoff boxes for unaffiliated electors by which such electors shall indicate for which party's primary ballot the unaffiliated elector chooses to vote.
Provided however, that no political party's primary election ballot shall be provided to an unaffiliated elector for a political party that has not elected to al- low unaffiliated electors to vote in that political party's primary election pursuant to section 34-904A, Idaho Code.
If an unaffiliated elector does not indicate a choice of political party's primary election ballot, the elector shall receive a nonpartisan ballot.
(3) In order to provide the appropriate primary election ballot to electors, in the event one (1) or more political parties elect to allow elec- tors affiliated with a different political party to vote in that party's primary election, the application shall contain checkoff boxes by which such electors may indicate the primary ballot election in which the elector wishes to vote.
(4) For electors who are registered to vote as of January 1, 2012, and who remain registered electors, the elector shall designate, as part of the written application for a ballot for the 2012 primary elections, the elector's party affiliation or designation as "unaffiliated." The applica- tion shall contain checkoff boxes for unaffiliated electors by which such electors shall indicate for which party's primary election ballot the unaf- filiated elector chooses to vote, pursuant to section 34-904A, Idaho Code.
Provided however, that no political party's primary election ballot shall be provided to an unaffiliated elector for a political party that has not elected to allow unaffiliated electors to vote in the that party's primary election pursuant to section 34-904A, Idaho Code.
If an unaffiliated elec- tor does not indicate a choice of political party's primary election ballot, the elector shall receive a nonpartisan ballot.
After the 2012 primary elec- tion, the county clerk shall record the party affiliation or unaffiliated designation so selected on the application for an absentee ballot as part of such an elector's record within the voter registration system as provided for in section 34-437A, Idaho Code.
(5) After the 2012 primary election, electors who remain registered voters and who did not vote in the 2012 primary elections and who make written application for an absentee ballot shall be designated as unaffiliated elec- tors as provided in section 34-404, Idaho Code, and such electors shall be given the appropriate ballot for such "unaffiliated" designation pursuant to the provisions of this act.
(6) An elector may not change party affiliation or designation as "un- affiliated" on an application for absentee ballot.
For primary elections, an elector may change party affiliation or designation as "unaffiliated" as provided for in section 34-411A, Idaho Code.
(7) The application for an absent elector's ballot shall be signed personally by the applicant.
The application for a mail-in absentee bal- lot shall be received by the county clerk not later than 5:00 p.m.
on the eleventh day before the election.
An application for in-person absentee voting at the absent elector's polling place described in section 34-1006, Idaho Code, shall be received by the county clerk not later than 5:00 p.m.
on the Friday before the election.
Application for an absentee ballot may be made by using a facsimile machine or other electronic transmission.
(8) No person other than a county clerk, election official, officer, or employee of this state authorized by law may distribute an absentee ballot application form to any other person.
Nongovernmental entities shall not distribute absentee ballot applications unless otherwise authorized under state or federal law.
(9) The county clerk or an election official, officer, or employee of this state authorized by law may distribute absentee ballot applications and absentee ballots only to voters in a mail ballot precinct designated pur - suant to section 34-308, Idaho Code, and to those voters who have requested such applications or absentee ballots.
Distributing an absentee ballot ap - plication or ballot in violation of this subsection is unlawful unless oth - erwise authorized under state or federal law.
(8) (10) A person may make application for an absent elector's ballot by use of a properly executed federal postcard application as provided for in the laws of the United States known as uniformed and overseas citizens ab- sentee voting act (UOCAVA, 52 U.S.C.
20301 et seq., as amended).
The issuing officer shall keep as a part of the records of such officer's office a list of all applications so received and of the manner and time of delivery or mail- ing to and receipt of returned ballot.
(9) (11) The county clerk shall, not later than seventy-five (75) days after the date of each general election, submit a report to the secretary of state containing information concerning absentee voters as required by fed- eral law.
SECTION 2.
The county clerk shall not distribute absentee ballot applications or absentee ballots to a voter with - out first receiving a request from the voter for such application or ballot, except in the case of voters in a mail ballot precinct designated pursuant to section 34-308, Idaho Code, or unless otherwise authorized by state or fed - eral law.
No election official shall distribute absentee ballot applications or absentee ballots to a voter with - out first receiving a request from the voter for such application or ballot, except in the case of voters in a mail ballot precinct designated pursuant to section 34-308, Idaho Code, or unless otherwise authorized by state or fed - eral law.
SECTION 3.
SECTION 2.
⬇ Download PDF
View plain text versions (2)

How this bill changes current law

6 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the provisions regarding the issuance of absentee ballots in Idaho law.

  • Section 34-1003

    upon receipt of an application for an absent elector's ballot within the proper time, the county clerk receiving it shall examine the records of the county clerk's office to ascertain whether or not such applicant is registered and lawfully entitled to vote as requested and, if found to be so, the county clerk shall arrange for the applicant to vote by absent elector's ballot. → Upon receipt of an application for an absent elector's ballot within the proper time, the county clerk receiving it shall examine the records of the county clerk's office to ascertain whether or not such applicant is registered and lawfully entitled to vote as requested and, if found to be so, the county clerk shall arrange for the applicant to vote by absent elector's ballot.

    This change clarifies the process for the county clerk in handling absentee ballot applications.

  • Section 34-1003

    No election official shall distribute absentee ballot applications or absentee ballots to a voter without first receiving a request from the voter for such application or ballot, except in the case of voters in a mail ballot precinct designated pursuant to section 34-308, Idaho Code, or unless otherwise authorized by state or federal law. → No election official shall distribute absentee ballot applications or absentee ballots to a voter without first receiving a request from the voter for such application or ballot, except in the case of voters in a mail ballot precinct designated pursuant to section 34-308, Idaho Code, or unless otherwise authorized by state or federal law.

    This change reiterates the restrictions on distributing absentee ballots without a request.

  • Section 34-1003

    an elector who has designated a political party affiliation shall receive a primary ballot for that political party. → An elector who has designated a political party affiliation shall receive a primary ballot for that political party.

    This change clarifies that electors will receive primary ballots corresponding to their declared party affiliation.

  • Section 34-1003

    provided that a political party's ballot shall not be provided to an unaffiliated elector where that political party has not elected to allow unaffiliated electors to vote in such party's primary election pursuant to section 34-904A, Idaho Code. → Provided, however, that a political party's ballot shall not be provided to an unaffiliated elector where that political party has not elected to allow unaffiliated electors to vote in such party's primary election pursuant to section 34-904A, Idaho Code.

    This change maintains that unaffiliated electors can only participate in a primary if the political party allows it.

  • Section 34-1003

    if an unaffiliated elector does not indicate a choice of a political party's primary ballot, the elector shall receive a nonpartisan ballot. → If an unaffiliated elector does not indicate a choice of a political party's primary ballot, the elector shall receive a nonpartisan ballot.

    This change confirms that unaffiliated electors will receive a nonpartisan ballot if no preference is stated.

  • Section 34-1003

    once an absentee primary ballot is issued to an elector by the county clerk, the county clerk may not issue the same elector a new absentee primary ballot with a different party affiliation than the absentee ballot originally issued to the elector, unless the original absentee ballot type was issued in error by the county clerk. → Once an absentee primary ballot is issued to an elector by the county clerk, the county clerk may not issue the same elector a new absentee primary ballot with a different party affiliation than the absentee ballot originally issued to the elector, unless the original absentee ballot type was issued in error by the county clerk.

    This change restricts the issuance of new absentee primary ballots to those that retain the original party affiliation, unless an error occurred.

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

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 68 Nays 0 Abs/Excd 2, read in full as required – PASSED - 47-22-1AYES – Alfieri, Allgood, Andrus, Barbieri, Blanksma, Boyle, Cannon, Clow, Cornilles, Crane(12), Crane(13), Dixon(1), Durrant, Ehardt, Ehlers, Erickson, Furniss, Gallagher, Handy, Hawkins, Healey, Hill, Holtzclaw, Horman, Kingsley, Lambert, Manwaring, Mendive, Mitchell, Monks, Palmer, Petzke, Price, Raybould, Raymond, Redman, Scott, Shepherd, Skaug, Tanner, Vander Woude, Weber, Wheeler, Wisniewski, Wroten, Young, Mr. SpeakerNAYS – Berch, Bundy, Burns, Cheatum, Chew, Dixon(24), Galaviz, Gannon, Garner, Green, Lanting, Mathias(Woodings), McCann, Mickelsen, Nash, Necochea, Nelsen, Pickett, Roberts, Rubel, Sauter, YamamotoAbsent – MillerFloor Sponsor - AndrusTitle apvd - to Senate

  4. Read second time as amended; Filed for Third Reading

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

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

  7. Bill as Amended Referred to JRA for Engrossing

  8. Amendments Referred to the JRA for Printing

  9. Reported out without recommendation as amended

  10. Referred to the Committee of the Whole

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

  12. U.C. to hold place on third reading calendar until Monday, March 13, 2023

  13. Read second time; Filed for Third Reading

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

  15. Reported Printed and Referred to State Affairs

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

Sponsors

  • STATE AFFAIRS COMMITTEE · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 104 not signed on · 13 voted No

Sponsors (1)

  • STATE AFFAIRS COMMITTEE

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"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

Votes

Rules Suspended: Ayes 68 Nays 0 Abs/Excd 2, read in full as required –

Passed 47 Yea · 22 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 31701
Unaffiliated 16900
Democrat 0600
Total 472201
% of votes cast 67%31%0%1%
How each member voted (70)
Member Party Vote
Allgood — Yea
Andrus — Yea
Blanksma — Yea
Clow — Yea
Crane — Yea
Crane — Yea
Dixon — Yea
Durrant — Yea
Gallagher — Yea
Horman — Yea
Kingsley — Yea
Lambert — Yea
Wroten — Yea
Young — Yea
Mr. Speaker — Yea
Bundy — Nay
Burns — Nay
Chew — Nay
Dixon — Nay
Lanting — Nay
Nash — Nay
Necochea — Nay
Roberts — Nay
Yamamoto — Nay
Vander Woude — Yea
Brooke Green Democrat Nay
Chris Mathias Democrat Nay
Ilana Rubel Democrat Nay
John Gannon Democrat Nay
Soñia R. Galaviz Democrat Nay
Steve Berch Democrat Nay
Barbara Ehardt Republican Yea
Brandon Mitchell Republican Yea
Britt Raybould Republican Yea
Bruce D. Skaug Republican Yea
Charlie Shepherd Republican Yea
Clay Handy Republican Yea
Dale R. Hawkins Republican Yea
Dan Garner Republican Nay
David M. Cannon Republican Yea
Dori Healey Republican Yea
Douglas T. Pickett Republican Nay
Dustin Manwaring Republican Yea
Elaine Price Republican Yea
Heather Scott Republican Yea
Jack Nelsen Republican Nay
James Holtzclaw Republican Yea
James Petzke Republican Yea
Jason A. Monks Republican Yea
Jeff Ehlers Republican Yea
Jeff J. Cornilles Republican Yea
Jerald Raymond Republican Yea
Joe A. Palmer Republican Yea
Joe Alfieri Republican Yea
Jon O. Weber Republican Yea
Jordan Redman Republican Yea
Josh Tanner Republican Yea
Josh Wheeler Republican Yea
Judy Boyle Republican Yea
Lori Ann McCann Republican Nay
Marco Adam Erickson Republican Yea
Mark Sauter Republican Nay
Richard W. “Rick” Cheatum Republican Nay
Rod Furniss Republican Yea
Ron Mendive Republican Yea
Stephanie Jo Mickelsen Republican Nay
Steve Miller Republican Not Voting
Ted Hill Republican Yea
Tony Wisniewski Republican Yea
Vito Barbieri Republican Yea

Official roll call →

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 259?
H 259 is sponsored by STATE AFFAIRS COMMITTEE.
What is the current status of H 259?
This bill died with 67th Legislature, 1st Regular Session (2023). It reached “In Committee” 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 259?
Track H 259 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on H 259

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of H 259

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →