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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
873
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
ELECTIONS;
AMENDING
SECTION
22
-
2721,
IDAHO
CODE,
TO
REVISE
CER
-
2
TAIN
ELECTION
DATES;
AMENDING
SECTION
34
-
308,
IDAHO
CODE,
TO
REVISE
A
3
PROVISION
REGARDING
THE
MAILING
OF
CERTAIN
BALLOTS;
AMENDING
SECTION
4
34
-
1410,
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
CANVASSING
OF
5
ELECTION
RESULTS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
6
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
22
-
2721,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
22
-
2721.
ELECTION,
APPOINTMENT,
QUALIFICATIONS
AND
TENURE
OF
SUPER
-
1
1
VISORS.
(1)
The
governing
body
of
the
district
shall
consist
of
five
(5)
12
supervisors,
elected
or
appointed
as
provided
in
this
chapter.
Elections
13
shall
be
conducted
pursuant
to
the
provisions
of
this
section
and
the
uni
-
14
form
district
election
law,
chapter
14,
title
34,
Idaho
Code.
If
at
any
time
15
the
supervisors
of
a
district
deem
it
necessary,
upon
majority
vote
of
the
16
district
board,
they
may
increase
the
number
of
supervisors
to
seven
(7)
or
17
decrease
the
number
of
supervisors
to
five
(5).
If
increased,
the
additional
18
supervisors
shall
then
be
appointed
as
outlined
in
this
section
until
such
19
time
as
regular
district
elections
for
two
(2)
supervisors
in
each
district.
20
At
that
time,
those
districts
having
seven
(7)
supervisors
shall
then
elect
21
four
(4)
supervisors
for
four
(4)
year
terms.
The
two
(2)
supervisors
ap
-
22
pointed
by
the
district
shall
be
persons
who
are
by
training
and
experience
23
qualified
to
perform
the
specialized
services
that
will
be
required
of
them
24
in
the
performance
of
their
duties.
In
the
event
the
supervisors
of
a
dis
-
25
trict,
upon
majority
vote
of
the
district
board,
deem
it
necessary
to
reduce
26
the
number
of
supervisors
to
five
(5),
there
must
either
be
two
(2)
vacant
27
positions
on
the
board
or
two
(2)
of
the
supervisors
must
first
volunteer
to
28
give
up
their
seats.
Written
notification
of
the
reduction
in
supervisors,
29
signed
by
the
district
board
chairman,
shall
then
be
sent
to
the
state
soil
30
and
water
conservation
commission.
Such
notification
shall
also
be
sent
31
to
the
secretary
of
state
to
ensure
only
two
(2)
or
three
(3)
supervisors
32
shall
be
on
the
ballot
for
the
next
election
cycle.
All
supervisors
shall
be
33
landowners
or
farmers
of
the
district
where
they
are
elected
or
appointed
and
34
shall
be
registered
to
vote
in
the
state
of
Idaho.
35
(2)
Within
thirty
(30)
days
after
the
date
of
issuance
by
the
secretary
36
of
state
of
a
certificate
of
organization
of
a
soil
conservation
district,
37
nominating
petitions
may
be
filed
with
the
state
soil
and
water
conservation
38
commission
to
nominate
candidates
for
supervisors
of
each
district.
The
39
county
clerk
shall
conduct
the
election
for
the
district
in
compliance
with
40
chapter
14,
title
34,
Idaho
Code,
and
shall
be
the
election
official
for
the
41
district.
The
election
official
shall
have
authority
to
extend
the
time
42
2
within
which
nominating
petitions
may
be
filed.
Nominating
petitions
shall
1
be
filed
with
the
secretary
of
the
district,
and
no
such
nominating
petition
2
shall
be
accepted
by
the
election
official
unless
it
shall
be
subscribed
3
by
not
less
than
five
(5)
persons
who
are
qualified
electors
owning
land
4
or
residing
within
the
boundaries
of
the
district.
The
election
official
5
shall
give
due
notice
of
an
election
to
be
held,
subject
to
the
provisions
6
of
section
34
-
106,
Idaho
Code,
for
the
election
of
three
(3)
supervisors
for
7
the
district.
The
names
of
all
nominees
on
behalf
of
whom
such
nominating
8
petitions
have
been
filed
within
the
time
herein
designated
shall
appear
9
upon
ballots,
with
directions
to
choose
three
(3)
names
to
indicate
the
10
voter's
preference.
The
three
(3)
candidates
who
receive
the
largest
num
-
1
1
ber,
respectively,
of
the
votes
cast
in
such
election
shall
be
the
elected
12
supervisors
for
such
district.
13
(3)
All
elections
in
districts
shall
be
conducted
by
the
county
clerk.
14
Such
election
shall
be
held
on
the
first
Tuesday
succeeding
the
first
Monday
15
of
November
in
each
even
-
numbered
odd
-
numbered
year.
Such
elections
shall
16
be
in
compliance
with
the
provisions
of
chapter
14,
title
34,
Idaho
Code,
17
and
shall
be
supervised
and
conducted
by
the
county
clerk.
The
cost
of
con
-
18
ducting
such
elections
shall
be
borne
by
the
county
that
conducted
the
elec
-
19
tion.
The
county
clerk
shall
certify
to
the
soil
and
water
conservation
dis
-
20
trict
the
names
of
the
elected
supervisors.
The
soil
and
water
conservation
21
district
shall
issue
certificates
of
election
to
each
elected
supervisor
so
22
certified.
The
county
clerk
or
county
clerks
of
the
county
or
counties
in
23
which
the
district
is
located
shall
conduct
the
election
for
the
soil
conser
-
24
vation
district,
and
the
county
clerk
must
provide
a
ballot
for
the
district
25
election
and
must
provide
a
process
that
allows
only
qualified
electors
of
26
the
district
to
vote
in
that
district's
election.
27
(4)
In
any
election
for
supervisor,
if,
after
the
deadline
for
filing
28
a
declaration
of
intent
as
a
write
-
in
candidate,
it
appears
that
the
num
-
29
ber
of
qualified
candidates
who
have
been
nominated
is
equal
to
the
number
30
of
supervisors
to
be
elected,
it
shall
not
be
necessary
for
the
candidates
to
31
stand
for
election.
The
board
of
supervisors
shall
declare
such
candidates
32
elected
as
supervisors,
and
the
soil
and
water
conservation
district
shall
33
immediately
make
and
deliver
to
such
persons
certificates
of
election.
34
(5)
The
supervisors
shall
designate
a
chairman
and
may,
from
time
to
35
time,
change
such
designation.
The
term
of
office
of
each
supervisor
shall
36
be
four
(4)
years
commencing
on
the
first
day
of
January
next
following
elec
-
37
tion,
except
that
the
two
(2)
supervisors
who
are
first
appointed
shall
be
38
designated
to
serve
for
terms
of
two
(2)
years.
Vacancies
shall
be
filled
for
39
the
unexpired
term.
The
selection
of
successors
to
fill
an
unexpired
term
40
or
for
a
full
term
shall
be
made
by
a
vote
of
the
majority
of
the
supervi
-
41
sors
duly
qualified
and
acting
at
the
time
the
vacancy
shall
arise,
and
the
42
supervisors
shall
certify
the
name
of
the
appointed
supervisor
to
the
state
43
soil
and
water
conservation
commission.
In
the
event
supervisors
fail
to
44
appoint
a
replacement
within
ninety
(90)
days
following
a
vacancy,
and
the
45
vacancy
results
in
the
loss
of
a
quorum
of
the
district
board,
the
governor
46
shall
appoint
a
replacement
sufficient
to
reestablish
a
quorum
of
the
dis
-
47
trict
board.
The
soil
conservation
district
shall
issue
a
certificate
of
48
such
appointment.
49
3
(6)
A
quorum
shall
consist
of
three
(3)
supervisors
for
those
districts
1
with
a
total
of
five
(5)
supervisors
and
four
(4)
supervisors
for
those
dis
-
2
tricts
with
a
total
of
seven
(7)
supervisors,
and
the
concurrence
of
a
major
-
3
ity
in
any
matter
within
their
duties
shall
be
required
for
its
determina
-
4
tion.
A
supervisor
shall
be
entitled
to
expenses,
including
travel
expense,
5
necessarily
incurred
in
the
discharge
of
duties.
A
supervisor
shall
receive
6
no
compensation
for
services
from
regular
district
funds,
county
funds
au
-
7
thorized
in
section
22
-
2726,
Idaho
Code,
or
state
funds
authorized
in
sec
-
8
tion
22
-
2727,
Idaho
Code.
9
(7)
In
the
event
the
district
has
a
special
project,
approved
by
the
10
state
soil
and
water
conservation
commission,
making
project
funds
avail
-
1
1
able
from
federal
or
other
sources,
a
supervisor
may
receive
compensation
12
not
to
exceed
thirty
-
five
dollars
($35.00)
per
day
plus
actual
and
necessary
13
expenses
from
project
funds
for
services
directly
related
to
the
project.
14
(8)
The
supervisors
may
employ
a
secretary,
technical
experts,
and
such
15
other
officers,
agents,
and
employees,
permanent
and
temporary,
as
they
may
16
require
and
shall
determine
their
qualifications,
duties
and
compensation.
17
The
supervisors
may
call
upon
the
attorney
general
of
the
state
for
such
le
-
18
gal
services
as
they
may
require
or
may
employ
their
own
counsel
and
legal
19
staff.
The
supervisors
may
delegate
to
their
chairman,
to
one
(1)
or
more
20
supervisors,
or
to
one
(1)
or
more
agents
or
employees
such
powers
and
du
-
21
ties
as
they
may
deem
proper.
The
supervisors
shall
furnish
to
the
state
soil
22
and
water
conservation
commission,
upon
request,
copies
of
such
ordinances,
23
rules,
orders,
contracts,
forms
and
other
documents
as
they
shall
adopt
or
24
employ
and
such
other
information
concerning
the
supervisors'
activities
as
25
the
commission
may
require
in
the
performance
of
the
commission's
duties
un
-
26
der
this
chapter.
27
(9)
The
supervisors
shall
provide
for
the
execution
of
surety
bonds
for
28
all
employees
and
officers
entrusted
with
funds
or
property;
shall
provide
29
for
the
keeping
of
a
full
and
accurate
record
of
all
proceedings
and
of
all
30
resolutions
and
orders
issued
or
adopted;
and
shall
provide
for
independent
31
financial
audits
in
accordance
with
the
provisions
of
section
67
-
450B,
Idaho
32
Code.
Supervisors
shall
be
subject
to
recall
in
accordance
with
the
provi
-
33
sions
of
chapter
17,
title
34,
Idaho
Code.
34
(10)
The
supervisors
may
invite
the
legislative
body
of
a
municipality
35
or
county
located
near
the
territory
comprised
within
the
district
to
desig
-
36
nate
a
representative
to
advise
and
consult
with
the
supervisors
of
the
dis
-
37
trict
on
all
questions
of
program
and
policy
that
may
affect
the
property,
38
water
supply,
or
other
interests
of
such
municipality
or
county.
39
(11)
Notwithstanding
any
other
provision
of
law
to
the
contrary,
the
40
election
for
supervisor
scheduled
for
November
2026
shall
instead
be
held
on
41
the
Tuesday
following
the
first
Monday
in
November
2027
and
shall
be
for
a
42
term
of
four
(4)
years;
and
the
election
for
supervisor
scheduled
for
Novem
-
43
ber
2028
shall
instead
be
held
on
the
Tuesday
following
the
first
Monday
in
44
November
2029
and
shall
be
for
a
term
of
four
(4)
years.
45
SECTION
2.
That
Section
34
-
308,
Idaho
Code,
be,
and
the
same
is
hereby
46
amended
to
read
as
follows:
47
34
-
308.
MAIL
BALLOT
PRECINCT.
(1)
A
precinct
within
the
county
that
48
contains
no
more
than
one
hundred
forty
(140)
registered
electors
at
the
49
4
last
general
election
may
be
designated
by
the
board
of
county
commissioners
1
as
a
mail
ballot
precinct
no
later
than
April
1
in
an
even
-
numbered
year.
2
Such
a
designation
shall
apply
thereafter
to
all
elections
conducted
within
3
the
precinct
until
revoked
by
the
board
of
county
commissioners
or
until
4
the
precinct
contains
one
hundred
fifty
-
one
(151)
registered
electors
at
5
the
last
general
election.
Having
designated
a
mail
ballot
precinct,
there
6
shall
be
no
voting
place
established
within
the
precinct.
Elections
in
a
7
mail
ballot
precinct
shall
be
conducted
in
a
manner
consistent
with
absentee
8
voting
with
the
special
provisions
provided
in
this
section.
9
(2)
The
clerk
shall
issue
a
ballot,
by
mail,
to
every
registered
voter
10
in
a
mail
ballot
precinct
and
shall
affix
postage
to
the
return
envelope
suf
-
1
1
ficient
to
return
the
ballot.
12
(3)
The
ballot
shall
be
mailed
no
sooner
than
twenty
-
four
(24)
forty
-
13
five
(45)
days
prior
to
the
election
day
and
no
later
than
the
fourteenth
14
eleventh
day
prior
to
the
election.
15
(4)
The
clerk
shall
make
necessary
provisions
to
segregate
mail
bal
-
16
lot
precinct
ballots
by
precinct
and,
for
all
purposes
of
the
election,
the
17
precinct
integrity
shall
be
maintained.
18
(5)
The
clerk
shall
make
registration
available
in
the
office
of
the
19
clerk
on
election
day
for
any
individual
who
is
eligible
to
vote
and
who
re
-
20
sides
in
a
mail
ballot
precinct
and
has
not
previously
registered.
The
clerk
21
shall
provide
an
official
polling
place
in
the
office
of
the
clerk,
and
a
22
qualified
elector
who
registers
on
election
day
and
resides
in
a
mail
ballot
23
precinct
shall
be
allowed
to
vote
at
the
office
of
the
clerk.
24
(6)(a)
Except
as
provided
in
paragraph
(b)
of
this
subsection,
electors
25
who
have
designated
a
political
party
affiliation
pursuant
to
section
26
34
-
404,
Idaho
Code,
shall
receive
the
primary
election
ballot
for
that
27
party
pursuant
to
sections
34
-
904
and
34
-
904A,
Idaho
Code.
28
(b)
Electors
who
have
designated
a
political
party
affiliation
pur
-
29
suant
to
section
34
-
404,
Idaho
Code,
may
receive
the
primary
election
30
ballot
of
a
political
party
other
than
the
political
party
such
elector
31
is
affiliated
with
if
such
other
political
party
has
provided
notifica
-
32
tion
to
the
secretary
of
state
that
identifies
the
political
party
such
33
elector
is
affiliated
with,
as
provided
for
in
section
34
-
904A(2)(b),
34
Idaho
Code.
35
(7)
For
"unaffiliated"
electors,
in
order
to
receive
a
political
36
party's
primary
election
ballot
pursuant
to
section
34
-
904A,
Idaho
Code,
the
37
county
clerk
shall
mail
a
ballot
request
form
for
the
primary
election
ballot
38
to
the
electors
in
a
mail
ballot
precinct
for
the
electors
to
use
in
selecting
39
the
party
ballot
they
choose
to
receive.
40
(a)
In
the
event
that
more
than
one
(1)
political
party
allows
electors
41
designated
as
"unaffiliated"
to
vote
in
their
party's
primary
election
42
pursuant
to
section
34
-
904A,
Idaho
Code,
an
elector
designated
as
"un
-
43
affiliated"
shall
indicate
on
the
form
such
elector's
choice
of
the
po
-
44
litical
party's
primary
election
ballot
in
order
to
vote
in
that
party's
45
primary
election.
46
(b)
In
the
event
no
more
than
one
(1)
political
party
allows
electors
47
designated
as
"unaffiliated"
to
vote
in
their
party's
primary
election
48
pursuant
to
section
34
-
904A,
Idaho
Code,
an
elector
designated
as
"un
-
49
affiliated"
shall
indicate
on
the
form
that
political
party's
primary
50
5
election
ballot
in
order
to
vote
in
that
political
party's
primary
elec
-
1
tion.
2
(c)
If
an
elector
designated
as
"unaffiliated"
is
not
permitted
to
3
vote
in
a
political
party's
primary
election
as
provided
for
in
section
4
34
-
904A,
Idaho
Code,
such
elector
shall
receive
a
nonpartisan
ballot.
5
(d)
If
an
elector
designated
as
"unaffiliated"
does
not
indicate
on
the
6
form
a
choice
of
political
party's
primary
election
ballot,
such
elec
-
7
tor
shall
receive
a
nonpartisan
ballot.
8
SECTION
3.
That
Section
34
-
1410,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
34
-
1410.
CANVASSING
OF
ELECTION
RESULTS.
The
board
of
county
commis
-
1
1
sioners
shall
conduct
the
canvass
of
the
election
results
within
ten
(10)
12
nine
(9)
days
after
the
election,
in
the
manner
provided
in
chapter
12,
ti
-
13
tle
34,
Idaho
Code.
The
county
clerk
shall
certify
the
election
results
to
14
the
clerk
of
each
political
subdivision
for
which
an
election
was
held.
Each
15
political
subdivision
shall
issue
the
appropriate
certificates
of
election.
16
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
17
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
18
July
1,
2026.
19