Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
638
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
ELECTIONS;
AMENDING
SECTION
34
-
102,
IDAHO
CODE,
TO
REVISE
A
DEF
-
2
INITION,
TO
DEFINE
A
TERM,
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
3
SECTION
34
-
106,
IDAHO
CODE,
TO
PROVIDE
A
PRESIDENTIAL
PRIMARY
DATE;
4
AMENDING
SECTION
34
-
411A,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
5
CHANGING
PARTY
AFFILIATION
FOR
PRIMARY
ELECTIONS;
AMENDING
SECTION
6
34
-
601,
IDAHO
CODE,
TO
PROVIDE
A
PRESIDENTIAL
PRIMARY
DATE;
AMENDING
7
SECTION
34
-
713,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
PREPA
-
8
RATION
OF
PRESIDENTIAL
PRIMARY
BALLOTS;
AMENDING
CHAPTER
7,
TITLE
34,
9
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
34
-
731,
IDAHO
CODE,
TO
ES
-
10
TABLISH
PROVISIONS
REGARDING
PRESIDENTIAL
PRIMARIES;
AMENDING
CHAPTER
1
1
7,
TITLE
34,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
34
-
732,
IDAHO
12
CODE,
TO
PROVIDE
REQUIREMENTS
FOR
PRESIDENTIAL
PRIMARY
CANDIDATES;
13
AMENDING
CHAPTER
7,
TITLE
34,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SEC
-
14
TION
34
-
733,
IDAHO
CODE,
TO
PROVIDE
FOR
THE
REMOVAL
OF
CANDIDATES
FROM
15
PRESIDENTIAL
PRIMARY
BALLOTS;
AMENDING
CHAPTER
7,
TITLE
34,
IDAHO
CODE,
16
BY
THE
ADDITION
OF
A
NEW
SECTION
34
-
734,
IDAHO
CODE,
TO
PROVIDE
FOR
17
VOTING
IN
A
PRESIDENTIAL
PRIMARY;
AMENDING
CHAPTER
7,
TITLE
34,
IDAHO
18
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
34
-
735,
IDAHO
CODE,
TO
PROVIDE
19
FOR
PRESIDENTIAL
PRIMARY
RESULTS;
AMENDING
CHAPTER
7,
TITLE
34,
IDAHO
20
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
34
-
736,
IDAHO
CODE,
TO
PROVIDE
FOR
21
DELEGATES
TO
A
NATIONAL
CONVENTION;
AMENDING
CHAPTER
7,
TITLE
34,
IDAHO
22
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
34
-
737,
IDAHO
CODE,
TO
PROVIDE
23
FOR
THE
CONDUCT
OF
A
PRESIDENTIAL
PRIMARY
ELECTION;
AMENDING
CHAPTER
24
7,
TITLE
34,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
34
-
738,
IDAHO
25
CODE,
TO
PROVIDE
FOR
THE
COSTS
OF
A
PRESIDENTIAL
PRIMARY;
AMENDING
SEC
-
26
TION
34
-
904A,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
ELIGIBILITY
27
TO
VOTE
IN
PRIMARY
ELECTIONS;
AMENDING
SECTION
34
-
1203A,
IDAHO
CODE,
TO
28
REVISE
PROVISIONS
REGARDING
POSTELECTION
AUDITS
OF
SELECTED
BALLOTS;
29
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
30
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
31
SECTION
1.
That
Section
34
-
102,
Idaho
Code,
be,
and
the
same
is
hereby
32
amended
to
read
as
follows:
33
34
-
102.
"PRIMARY
ELECTION"
DEFINED
-
-
PURPOSES.
(1)
"Primary
elec
-
34
tion"
means
an
election
held
for
the
purpose
of
nominating
persons
as
35
candidates
of
political
parties
for
election
to
offices
,
and
for
the
purpose
36
of
electing
persons
as
members
of
the
controlling
committees
of
political
37
parties.
Primary
elections
,
with
the
exception
of
presidential
primaries,
38
shall
be
held
on
the
third
Tuesday
of
May
in
each
even
-
numbered
year.
39
(2)
For
the
purpose
of
this
title,
"presidential
primary"
means
an
40
election
held
for
the
purpose
of
allowing
voters
to
express
their
choice
of
41
candidate
for
nomination
by
a
political
party
for
president
of
the
United
42
2
States.
A
presidential
primary
shall
be
held
on
the
first
Tuesday
in
March
in
1
each
presidential
election
year.
2
SECTION
2.
That
Section
34
-
106,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
34
-
106.
LIMITATION
ON
ELECTIONS.
On
and
after
January
1,
2011,
5
notwithstanding
any
other
provisions
of
the
law
to
the
contrary,
there
shall
6
be
no
more
than
two
(2)
elections
conducted
in
any
county
in
any
calendar
7
year,
except
as
provided
in
this
section
or
section
34
-
220,
Idaho
Code,
and
8
except
that
elections
to
fill
vacancies
in
the
United
States
house
of
repre
-
9
sentatives
shall
be
held
as
provided
in
the
governor's
proclamation.
10
(1)
The
dates
on
which
elections
may
be
conducted
are:
1
1
(a)
The
third
Tuesday
in
May
of
each
year;
and
12
(b)
The
Tuesday
following
the
first
Monday
in
November
of
each
year.
13
(c)
In
addition
to
the
elections
specified
in
paragraphs
(a)
and
(b)
of
14
this
subsection
and
subsection
(7)
of
this
section,
an
emergency
elec
-
15
tion
may
be
called
upon
motion
of
the
governing
board
of
a
political
sub
-
16
division.
An
emergency
exists
when
there
is
a
great
public
calamity,
17
such
as
an
extraordinary
fire,
flood,
storm,
epidemic,
or
other
disas
-
18
ter,
or
when
it
is
necessary
to
do
emergency
work
to
prepare
for
national
19
or
local
defense
or
to
safeguard
life,
health
or
property.
20
(d)
In
addition
to
the
elections
specified
elsewhere
in
this
section,
a
21
presidential
primary
shall
be
held
on
the
first
Tuesday
in
March
in
each
22
presidential
election
year.
23
(2)
Candidates
for
office
elected
in
May
shall
take
office
on
the
date
24
specified
in
the
certificate
of
election
but
not
more
than
sixty
(60)
days
25
following
the
election.
26
(3)
Candidates
for
office
elected
in
November
shall
take
office
as
pro
-
27
vided
in
the
constitution
or
on
January
1
next
succeeding
the
November
elec
-
28
tion.
29
(4)
The
governing
board
of
each
political
subdivision
subject
to
the
30
provisions
of
this
section
that,
prior
to
January
1,
2011,
conducted
an
elec
-
31
tion
for
members
of
that
governing
board
on
a
date
other
than
a
date
permit
-
32
ted
in
subsection
(1)
of
this
section
shall
establish
as
the
election
date
33
for
that
political
subdivision
the
date
authorized
in
subsection
(1)
of
this
34
section
that
falls
nearest
the
date
on
which
elections
were
previously
con
-
35
ducted,
unless
another
date
is
established
by
law.
36
(5)
The
secretary
of
state
is
authorized
to
provide
such
assistance
as
37
necessary
and
to
prescribe
any
needed
rules
or
interpretations
for
the
con
-
38
duct
of
an
election
authorized
under
the
provisions
of
this
section.
39
(6)
Water
districts
governed
by
chapter
6,
title
42,
Idaho
Code,
are
ex
-
40
empt
from
the
provisions
of
this
section.
41
(7)
Community
colleges
governed
by
chapter
21,
title
33,
Idaho
Code,
42
and
school
districts
are
subject
to
the
limitations
specified
in
subsection
43
(1)
of
this
section.
44
(8)
A
city
initiative
or
referendum
election
shall
be
held
on
the
Tues
-
45
day
following
the
first
Monday
in
November
of
odd
-
numbered
years.
A
county
46
initiative
or
referendum
election
or
a
bond,
levy
or
other
ballot
question
47
election
conducted
by
any
political
subdivision
shall
be
held
on
the
nearest
48
date
authorized
in
subsection
(1)
of
this
section
as
long
as
the
ballot
lan
-
49
3
guage
for
any
question
to
be
placed
on
the
ballot
is
submitted
to
the
county
1
clerk
no
later
than
5:00
p.m.
on
the
tenth
Friday
before
the
election.
2
(9)
Recall
elections
may
be
held
on
any
of
the
dates
authorized
in
sub
-
3
section
(1)
of
this
section
as
long
as
the
recall
petition
is
certified
no
4
later
than
the
tenth
Friday
before
the
next
scheduled
election.
5
(10)
Irrigation
districts
governed
by
title
43,
Idaho
Code,
are
subject
6
to
the
limitations
specified
in
subsection
(1)
of
this
section,
except
that
7
irrigation
districts
may
also
hold
an
election
on
the
first
Tuesday
in
Febru
-
8
ary
of
each
year
and
on
the
first
Tuesday
in
August
of
each
year
on
questions
9
required
to
be
voted
on
by
title
43,
Idaho
Code.
10
SECTION
3.
That
Section
34
-
411A,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
34
-
411A.
PRIMARY
ELECTIONS
-
-
CHANGING
PARTY
AFFILIATION
-
-
UNAFFILI
-
13
ATED
ELECTORS.
(1)
For
a
primary
election
,
including
a
presidential
primary
14
election,
an
elector
may
change
such
elector's
political
party
affiliation
15
or
become
unaffiliated
by
filing
a
signed
form
with
the
county
clerk
no
later
16
than
the
last
day
a
candidate
may
file
for
partisan
political
office
prior
17
to
such
primary
election,
as
provided
for
in
section
34
-
704,
Idaho
Code
,
and
18
no
later
than
the
last
day
a
candidate
may
file
for
the
presidential
pri
-
19
mary
prior
to
such
presidential
primary
election,
as
provided
for
in
section
20
34
-
732,
Idaho
Code
.
An
unaffiliated
elector
may
affiliate
with
the
party
21
of
the
elector's
choice
by
filing
a
signed
form
up
to
and
including
election
22
day.
The
application
form
described
in
section
34
-
1002,
Idaho
Code,
shall
23
also
be
used
for
this
purpose.
24
(2)
For
a
primary
election,
an
unaffiliated
elector
may
select
a
po
-
25
litical
party
affiliation
only
prior
to
voting
in
the
primary
election.
An
26
elector
may
make
such
selection
on
or
before
election
day
by
declaring
such
27
political
party
affiliation
to
the
poll
worker
or
other
appropriate
election
28
personnel.
The
poll
worker
or
other
appropriate
election
personnel
shall
29
then
record
in
the
poll
book
the
elector's
choice.
After
the
primary
elec
-
30
tion,
the
county
clerk
shall
record
the
party
affiliation
so
recorded
in
the
31
poll
book
as
part
of
such
elector's
record
within
the
voter
registration
sys
-
32
tem
as
provided
for
in
section
34
-
437A,
Idaho
Code.
33
SECTION
4.
That
Section
34
-
601,
Idaho
Code,
be,
and
the
same
is
hereby
34
amended
to
read
as
follows:
35
34
-
601.
DATES
ON
WHICH
ELECTIONS
SHALL
BE
HELD.
Elections
shall
be
36
held
in
this
state
on
the
following
dates
or
times:
37
(1)
A
primary
election
shall
be
held
on
the
third
Tuesday
in
May,
2012,
38
and
every
two
(2)
years
thereafter
on
the
above
-
mentioned
Tuesday.
39
(2)
A
general
election
shall
be
held
on
the
first
Tuesday
after
the
40
first
Monday
of
November,
2012,
and
every
two
(2)
years
thereafter
on
the
41
above
-
mentioned
Tuesday.
42
(3)
Special
state
elections
shall
be
held
on
the
dates
ordered
by
the
43
governor's
proclamation,
or
as
otherwise
provided
by
law.
44
(4)
A
presidential
primary
shall
be
held
on
the
first
Tuesday
in
March
45
in
each
presidential
election
year.
46
4
SECTION
5.
That
Section
34
-
713,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
34
-
713.
PREPARATION
OF
PRIMARY
BALLOTS.
(1)
Upon
receipt
of
the
sample
3
ballot
and
instructions
from
the
secretary
of
state,
each
county
clerk
shall
4
print
and
prepare
the
official
primary
ballots
for
the
forthcoming
election.
5
The
printing
of
the
ballots
shall
be
a
county
expense
and
paid
out
of
the
6
county
treasury
,
except
presidential
primary
ballots,
which
shall
be
paid
7
for
as
provided
in
section
34
-
738,
Idaho
Code
.
8
(2)
Each
county
clerk
shall
cause
to
be
published
on
the
earliest
date
9
possible
in
May
the
names
of
all
the
political
party
candidates
who
shall
10
appear
on
the
primary
or
presidential
primary
ballot.
The
names
shall
be
1
1
listed
alphabetically
under
each
particular
office
title.
12
SECTION
6.
That
Chapter
7,
Title
34,
Idaho
Code,
be,
and
the
same
is
13
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
14
ignated
as
Section
34
-
731,
Idaho
Code,
and
to
read
as
follows:
15
34
-
731.
PRESIDENTIAL
PRIMARY.
(1)
In
years
in
which
a
president
of
the
16
United
States
is
to
be
nominated
and
elected,
a
presidential
primary
shall
be
17
held
at
which
voters
may
express
their
choice
of
candidate
for
nomination
by
18
a
political
party
for
president.
The
presidential
primary
shall
be
held
on
19
the
first
Tuesday
in
March
in
each
presidential
election
year.
20
(2)
Participation
in
a
presidential
primary
by
a
political
party
shall
21
be
optional,
and
nothing
in
this
chapter
shall
be
construed
as
mandating
a
22
party's
participation
in
a
presidential
primary.
Any
party
that
intends
to
23
participate
in
a
presidential
primary
shall
notify
the
secretary
of
state's
24
office
no
later
than
the
last
Tuesday
in
November
prior
to
the
presidential
25
primary.
26
SECTION
7.
That
Chapter
7,
Title
34,
Idaho
Code,
be,
and
the
same
is
27
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
28
ignated
as
Section
34
-
732,
Idaho
Code,
and
to
read
as
follows:
29
34
-
732.
PRESIDENTIAL
PRIMARY
CANDIDATES.
The
name
of
any
candidate
30
for
a
political
party
nomination
for
president
of
the
United
States
shall
31
be
printed
on
the
ballots
only
if
the
candidate
files
with
the
secretary
of
32
state
a
declaration
of
candidacy
accompanied
by
a
fifty
-
thousand
-
dollar
33
($50,000)
filing
fee
no
less
than
ninety
(90)
days
prior
to
the
presidential
34
primary.
35
SECTION
8.
That
Chapter
7,
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
-
733,
Idaho
Code,
and
to
read
as
follows:
38
34
-
733.
PRESIDENTIAL
PRIMARY
-
-
REMOVAL
FROM
BALLOT.
In
the
event
the
39
secretary
of
state
is
informed
of
a
candidate's
death,
incapacity,
or
with
-
40
drawal
from
candidacy,
the
secretary
of
state
may
remove
the
name
of
such
41
candidate
from
the
ballot;
provided,
however,
that
no
candidate's
name
shall
42
be
removed
within
the
forty
-
five
(45)
days
preceding
the
presidential
pri
-
43
mary.
44
5
SECTION
9.
That
Chapter
7,
Title
34,
Idaho
Code,
be,
and
the
same
is
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
2
ignated
as
Section
34
-
734,
Idaho
Code,
and
to
read
as
follows:
3
34
-
734.
PRESIDENTIAL
PRIMARY
-
-
VOTING.
At
a
presidential
primary,
4
qualified
electors
may
vote
for
one
(1)
candidate
from
among
the
candidates
5
of
one
(1)
political
party
only
in
a
manner
consistent
with
the
provisions
of
6
section
34
-
904A,
Idaho
Code.
7
SECTION
10.
That
Chapter
7,
Title
34,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
34
-
735,
Idaho
Code,
and
to
read
as
follows:
10
34
-
735.
PRESIDENTIAL
PRIMARY
-
-
RESULTS.
Upon
completion
of
the
state
1
1
canvass
for
the
presidential
primary,
the
secretary
of
state
shall
certify
12
to
the
state
chair
of
each
political
party
participating
in
the
presidential
13
primary
the
number
of
votes
received
by
each
candidate
of
that
party.
A
win
-
14
ner
shall
be
declared
as
prescribed
by
national
and
state
party
rules.
15
SECTION
11.
That
Chapter
7,
Title
34,
Idaho
Code,
be,
and
the
same
is
16
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
17
ignated
as
Section
34
-
736,
Idaho
Code,
and
to
read
as
follows:
18
34
-
736.
DELEGATES
TO
THE
NATIONAL
CONVENTION.
Upon
receiving
the
re
-
19
sults
of
the
presidential
primary
pursuant
to
section
34
-
735,
Idaho
Code,
20
each
party
participating
in
the
presidential
primary
shall
select,
accord
-
21
ing
to
national
and
state
party
rules,
as
many
delegates
and
alternates
to
22
the
national
party
convention
as
are
allotted
to
it
by
the
national
committee
23
of
that
party.
24
SECTION
12.
That
Chapter
7,
Title
34,
Idaho
Code,
be,
and
the
same
is
25
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
26
ignated
as
Section
34
-
737,
Idaho
Code,
and
to
read
as
follows:
27
34
-
737.
PRESIDENTIAL
PRIMARY
-
-
CONDUCT
OF
ELECTION.
Insofar
as
prac
-
28
ticable,
and
where
the
provisions
of
this
chapter
do
not
specifically
indi
-
29
cate
otherwise,
the
presidential
primary
shall
be
conducted
and
canvassed
in
30
the
manner
provided
by
law
for
the
conduct
and
canvassing
of
state
primary
31
elections.
32
SECTION
13.
That
Chapter
7,
Title
34,
Idaho
Code,
be,
and
the
same
is
33
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
34
ignated
as
Section
34
-
738,
Idaho
Code,
and
to
read
as
follows:
35
34
-
738.
PRESIDENTIAL
PRIMARY
COSTS.
(1)
Whenever
a
presidential
pri
-
36
mary
is
held
as
provided
by
this
chapter,
the
state
of
Idaho
shall
assume
all
37
costs
related
to
the
presidential
primary,
including
publication
of
legal
38
notice
and
ballot
preparation.
The
county
clerk
shall
determine
the
costs
39
and
file
a
certified
claim,
which
shall
be
examined,
allowed,
and
paid
in
the
40
same
manner
as
other
claims
against
the
state.
41
6
(2)
The
costs
of
any
other
election
held
simultaneous
to
the
presiden
-
1
tial
primary
shall
be
covered
in
the
manner
elsewhere
prescribed
by
law.
2
SECTION
14.
That
Section
34
-
904A,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
34
-
904A.
ELIGIBILITY
TO
VOTE
IN
PRIMARY
ELECTIONS.
(1)
Except
as
pro
-
5
vided
in
subsection
(2)
of
this
section,
an
elector
who
has
designated
a
6
party
affiliation
shall
be
allowed
to
vote
only
in
the
primary
or
presiden
-
7
tial
primary
election
of
the
political
party
for
which
such
an
elector
is
so
8
registered.
9
(2)
A
political
party
qualified
to
participate
in
elections
pursuant
to
10
section
34
-
501,
Idaho
Code,
may,
no
later
than
the
last
Tuesday
in
the
Novem
-
1
1
ber
prior
to
a
primary
or
presidential
primary
election,
notify
the
secre
-
12
tary
of
state
in
writing
that
the
political
party
elects
to
allow,
in
addi
-
13
tion
to
those
electors
who
have
registered
with
that
political
party,
any
of
14
the
following
to
vote
in
such
party's
primary
or
presidential
primary
elec
-
15
tion:
16
(a)
Electors
designated
as
unaffiliated;
17
(b)
Electors
registered
with
a
different
political
party
qualified
to
18
participate
in
elections
pursuant
to
section
34
-
501,
Idaho
Code.
In
the
19
event
a
state
chairman
of
a
political
party
elects
to
allow
electors
to
20
vote
in
that
party's
primary
or
presidential
primary
election
pursuant
21
to
this
paragraph,
the
state
chairman
shall
identify
which
political
22
parties'
registrants
are
allowed
to
vote
in
such
primary
or
presiden
-
23
tial
primary
election.
24
(3)
In
the
event
that
more
than
one
(1)
political
party
allows
unaf
-
25
filiated
electors
to
vote
in
their
party's
primary
or
presidential
primary
26
election,
an
unaffiliated
elector
shall
designate
which
political
party's
27
primary
or
presidential
primary
election
the
elector
chooses
to
vote
in
by
28
declaring
such
designation
to
the
poll
worker
or
other
appropriate
election
29
personnel,
who
shall
then
record
in
the
poll
book
the
elector's
choice.
The
30
county
clerk
shall
record
such
choice
as
part
of
the
elector's
voting
history
31
within
the
voter
registration
system
as
provided
for
in
section
34
-
437A,
32
Idaho
Code.
33
(4)
In
the
event
no
more
than
one
(1)
political
party
allows
unaffili
-
34
ated
electors
to
vote
in
their
party's
primary
or
presidential
primary
elec
-
35
tion,
an
"
unaffiliated
"
elector
may
designate
that
political
party's
pri
-
36
mary
or
presidential
primary
election
as
the
election
the
elector
chooses
to
37
vote
in
by
declaring
such
designation
to
the
poll
worker
or
other
appropri
-
38
ate
election
personnel,
who
shall
then
record
in
the
poll
book
the
elector's
39
choice.
The
county
clerk
shall
record
such
choice
as
part
of
the
elector's
40
voting
history
within
the
voter
registration
system
as
provided
for
in
sec
-
41
tion
34
-
437A,
Idaho
Code.
42
(5)
An
unaffiliated
elector
having
declared
such
designation
as
pro
-
43
vided
for
in
subsection
(3)
or
(4)
of
this
section
shall
not
be
permitted
to
44
vote
in
the
primary
or
presidential
primary
election
of
any
other
party
held
45
on
that
primary
or
presidential
primary
election
date.
46
(6)
If
an
unaffiliated
elector
does
not
declare
a
choice
of
for
a
polit
-
47
ical
party's
primary
or
presidential
primary
election
ballot,
the
elector
48
shall
not
be
permitted
to
vote
in
any
political
party's
primary
or
presiden
-
49
7
tial
primary
election
but
shall
receive
a
nonpartisan
ballot
when
such
a
bal
-
1
lot
is
available.
2
(7)
In
the
event
that
one
(1)
or
more
political
parties
allow
electors
3
affiliated
with
a
different
political
party
to
vote
in
their
primary
or
pres
-
4
idential
primary
election
pursuant
to
this
section,
an
elector
affiliated
5
with
a
different
political
party
shall
declare
to
the
poll
worker
or
other
6
appropriate
election
personnel
in
which
primary
or
presidential
primary
7
election
ballot
such
elector
wishes
to
vote.
The
county
clerk
shall
record
8
such
choice
as
part
of
the
elector's
voting
history
within
the
voter
regis
-
9
tration
system
as
provided
for
in
section
34
-
437A,
Idaho
Code.
10
(8)
Provided
that
all
other
provisions
of
this
act
are
complied
with,
1
1
nothing
in
this
section
shall
be
construed
to
prohibit
an
elector
designated
12
as
unaffiliated
from
voting
in
the
primary
or
presidential
primary
election
13
of
a
different
party
held
in
subsequent
years.
Notwithstanding
any
other
14
provision
of
this
act,
if
a
political
party
allows
unaffiliated
electors
to
15
vote
in
that
political
party's
primary
or
presidential
primary
election
pur
-
16
suant
to
this
section,
a
vote
by
an
unaffiliated
elector
in
such
primary
or
17
presidential
primary
election
shall
not
change
or
affect
the
elector's
unaf
-
18
filiated
designation.
19
SECTION
15.
That
Section
34
-
1203A,
Idaho
Code,
be,
and
the
same
is
20
hereby
amended
to
read
as
follows:
21
34
-
1203A.
POSTELECTION
AUDIT
OF
SELECTED
BALLOTS.
22
(1)(a)
After
the
completion
of
all
county
canvasses
for
any
primary
23
or
general
election,
including
any
presidential
primary
election,
the
24
secretary
of
state
shall
identify
and
order
a
postelection
audit
of
cer
-
25
tain
paper
ballots
cast
in
any
election,
shall
immediately
post
to
the
26
website
of
the
office
of
the
secretary
of
state
a
list
of
the
elections,
27
counties,
and
precincts
selected
for
audit,
and
shall
immediately
no
-
28
tify
each
affected
county
clerk
and
county
sheriff
of
the
same.
Upon
29
receiving
such
notification,
the
county
sheriff
shall
immediately
30
impound
and
take
into
custody
the
affected
ballots
pursuant
to
the
pro
-
31
cedures
in
chapter
23,
title
34,
Idaho
Code.
Upon
completion
of
the
32
postelection
audit,
the
ballots
shall
be
resealed
and
returned
to
the
33
custody
of
the
county
clerk
or,
in
the
event
that
the
ballots
are
subject
34
to
a
recount
pursuant
to
chapter
23,
title
34,
Idaho
Code,
to
the
county
35
sheriff.
The
postelection
audit
shall
include,
at
a
minimum,
a
hand
re
-
36
count
of
the
ballots
subject
to
the
audit
and
a
comparison
to
the
results
37
reported
by
the
county
for
any
precincts,
days,
batches,
legislative
38
districts,
and
tabulation
machines
selected
for
audit.
39
(b)
A
postelection
audit
authorized
pursuant
to
paragraph
(a)
of
this
40
subsection
may
be
ordered
for:
41
(i)
Any
or
all
federal
elections
held
in
Idaho;
42
(ii)
The
election
for
governor;
43
(iii)
The
statewide
office
election
having
the
narrowest
percent
-
44
age
margin
of
votes;
45
(iv)
The
statewide
ballot
question
election
having
the
narrowest
46
percentage
margin
of
votes;
and
47
(v)
One
(1)
legislative
office
election
within
the
county.
48
8
(c)
The
precincts
selected
for
audit
pursuant
to
paragraph
(a)
of
this
1
subsection
shall:
2
(i)
Be
selected
by
lot
by
the
secretary
of
state
without
the
use
of
3
a
computer
at
an
open
public
meeting
governed
by
the
provisions
of
4
chapter
2,
title
74,
Idaho
Code;
and
5
(ii)
Not
exceed
five
percent
(5%)
of
the
precincts
in
the
county
or
6
one
(1)
precinct,
whichever
is
greater.
Provided,
however,
that
7
multiple
precincts
may
be
selected
in
any
county
if
the
number
of
8
ballots
from
the
precincts
so
selected
is
less
than
two
thousand
9
one
hundred
(2,100).
10
(d)
The
secretary
of
state,
in
lieu
of
auditing
the
early
or
absentee
1
1
ballots
from
any
precincts
selected
for
postelection
audit,
may
se
-
12
lect
days,
batches,
legislative
districts,
and
tabulation
machines
of
13
early
or
absentee
ballots
for
audit
until
the
number
of
ballots
selected
14
equals
or
exceeds
the
number
of
early
or
absentee
ballots
that
were
15
cast
from
the
precincts
selected
for
postelection
audit.
Such
days,
16
batches,
legislative
districts,
and
tabulation
machines
shall
be
se
-
17
lected
under
the
same
requirements
by
which
precincts
were
selected.
18
The
provisions
of
this
paragraph
apply
only
to
a
county
that:
19
(i)
Does
not
organize
the
storage
of
its
early
or
absentee
ballots
20
by
precinct;
21
(ii)
Organizes
the
storage
of
such
ballots
by
day,
batch,
legisla
-
22
tive
district,
or
tabulation
machine;
and
23
(iii)
Publicly
reports
the
election
results
for
early
or
absen
-
24
tee
ballots
by
day,
batch,
legislative
district,
or
tabulation
ma
-
25
chine
on
the
county's
website
prior
to
the
secretary
of
state's
se
-
26
lection
of
precincts
to
be
audited.
27
(2)
The
secretary
of
state
shall
conduct,
and
the
county
clerks
shall
28
facilitate,
any
postelection
audit
ordered
pursuant
to
subsection
(1)
of
29
this
section.
Such
an
audit
shall
be
open
to
attendance
by
news
media
person
-
30
nel.
By
directive
issued
at
least
sixty
(60)
days
prior
to
the
election,
the
31
secretary
of
state
shall
determine
the
procedures
by
which
the
postelection
32
audit
is
to
be
conducted.
Such
procedures
shall
be
developed
in
consultation
33
with
county
clerks
and
shall
include
provisions
allowing
each
interested
34
candidate
and
political
party,
and
each
political
committee
that
publicly
35
reported
expending
money
on
a
ballot
question
for
which
the
results
will
be
36
audited,
to
appoint
a
designated
observer.
Within
the
time
specified
in
the
37
directive,
the
secretary
of
state
shall
report
the
results
of
any
postelec
-
38
tion
audits
on
the
website
of
the
office
of
the
secretary
of
state
and
to
the
39
county
clerk
of
each
county
in
which
paper
ballots
were
audited.
40
(3)
The
secretary
of
state
may
order
additional
postelection
audits,
41
without
regard
to
the
election
or
precinct
limitations
provided
in
subsec
-
42
tion
(1)
of
this
section,
if
he
determines
that
such
action
is
warranted
by
43
the
findings
of
the
audits
ordered
pursuant
to
subsection
(1)
of
this
sec
-
44
tion.
The
secretary
of
state
shall
limit
such
orders
for
additional
post
-
45
election
audits
to
the
types
of
problems
identified
by
the
audits
performed
46
pursuant
to
subsection
(1)
of
this
section.
47
(4)
The
office
of
the
secretary
of
state
shall
pay
for
the
cost
of
any
48
postelection
audits
conducted
pursuant
to
this
section,
including
reimburs
-
49
ing
county
clerks
for
any
costs
associated
with
facilitating
such
audits.
50
9
SECTION
16.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3