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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1324
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
ELECTIONS;
AMENDING
SECTION
1
-
2404,
IDAHO
CODE,
TO
REVISE
PRO
-
2
VISIONS
REGARDING
CANDIDATE
QUALIFICATIONS
FOR
THE
OFFICE
OF
COURT
3
OF
APPEALS
JUDGE;
AMENDING
SECTION
34
-
615,
IDAHO
CODE,
TO
REVISE
PRO
-
4
VISIONS
REGARDING
CANDIDATE
QUALIFICATIONS
FOR
THE
OFFICE
OF
SUPREME
5
COURT
JUSTICE;
AMENDING
SECTION
34
-
616,
IDAHO
CODE,
TO
REVISE
PROVI
-
6
SIONS
REGARDING
CANDIDATE
QUALIFICATIONS
FOR
THE
OFFICE
OF
DISTRICT
7
JUDGE;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Section
1
-
2404,
Idaho
Code,
be,
and
the
same
is
hereby
10
amended
to
read
as
follows:
1
1
1
-
2404.
NUMBER
OF
JUDGES
-
-
QUALIFICATIONS
-
-
CONDUCT
AND
DISCIPLINE
12
-
-
TERM
-
-
ELECTION
-
-
SELECTION
-
-
COMPENSATION.
(1)
The
court
of
appeals
13
shall
consist
of
four
(4)
judges,
and
shall
sit
in
panels
of
not
less
than
14
three
(3)
judges
each.
15
(2)
To
be
elected
or
appointed
to
the
office
of
judge
of
the
court
of
ap
-
16
peals
a
person
must,
at
the
time
of
such
election
or
appointment,
meet
all
of
17
the
following
qualifications:
18
(a)
Be
at
least
thirty
(30)
years
of
age;
19
(b)
Be
a
citizen
of
the
United
States
and
an
elector
of
the
state
of
20
Idaho;
21
(c)
Have
been
a
legal
resident
of
the
state
of
Idaho
for
at
least
two
(2)
22
continuous
years
immediately
preceding
such
election
or
appointment;
23
(d)
Have
been
in
good
standing
as
an
active
or
judicial
member
of
the
24
Idaho
state
bar
for
at
least
two
(2)
continuous
years
immediately
pre
-
25
ceding
such
election
or
appointment;
and
26
(e)
Have
held
a
license
to
practice
law
or
held
a
judicial
office
in
one
27
(1)
or
more
jurisdictions
for
at
least
ten
(10)
continuous
years
immedi
-
28
ately
preceding
such
election
or
appointment.
29
(3)
No
person
who
has
been
appointed
by
the
governor
to
fill
a
vacancy
on
30
the
court
of
appeals
is
eligible
to
be
a
candidate
for
election
to
that
same
31
seat
at
the
next
election
held
for
such
seat
following
the
appointment.
32
(4)
For
purposes
of
this
section,
the
following
terms
have
the
follow
-
33
ing
meanings:
34
(a)
"Active,"
"judicial"
and
"good
standing"
have
the
same
definitions
35
as
those
terms
are
given
by
rule
301
of
the
Idaho
bar
commission
rules
or
36
any
successors
to
those
rules;
37
(b)
"Jurisdiction"
means
a
state
or
territory
of
the
United
States,
the
38
District
of
Columbia
or
any
branch
of
the
United
States
military;
and
39
(c)
"Elector"
means
one
who
is
lawfully
registered
to
vote.
40
(3)
(5)
A
judge
of
the
court
of
appeals
shall
be
governed
by
the
code
of
41
judicial
conduct
as
promulgated
by
the
Idaho
supreme
court,
and
shall
be
sub
-
42
2
ject
to
removal,
discipline,
or
retirement
pursuant
to
section
1
-
2103,
Idaho
1
Code.
2
(4)
(6)
(a)
Judges
of
the
court
of
appeals
shall
be
appointed
by
the
gov
-
3
ernor
effective
the
first
Monday
of
January,
1982,
for
the
following
4
initial
terms:
one
(1)
judge
shall
be
appointed
for
a
term
to
expire
on
5
the
first
Monday
of
January,
1985,
one
(1)
judge
shall
be
appointed
for
a
6
term
expiring
two
(2)
years
later,
and
one
(1)
judge
shall
be
appointed
7
for
a
term
expiring
two
(2)
further
years
later.
Thereafter,
the
term
of
8
office
of
a
judge
of
the
court
of
appeals
shall
be
six
(6)
years.
9
(b)
Vacancies
in
the
office
of
judge
of
the
court
of
appeals
shall
be
10
filled
in
the
same
manner
as
vacancies
in
the
office
of
supreme
court
1
1
justice
or
district
judge.
12
(c)
The
positions
of
judges
of
the
Idaho
court
of
appeals
shall
first
13
be
filled
as
vacancies.
The
judicial
council
shall
submit
to
the
gov
-
14
ernor
its
recommendations
for
the
offices
at
the
earliest
practicable
15
time
after
the
effective
date
of
this
act.
The
governor
may
make
the
ap
-
16
pointment
at
any
time
thereafter,
to
be
effective
the
first
Monday
of
17
January,
1982,
for
the
terms
set
forth
in
subsection
(4)
paragraph
(a)
18
of
this
sub
section.
19
(d)
In
making
its
nominations
for
the
initial
vacancies
to
be
created
20
by
this
act,
the
Idaho
judicial
council
shall
submit
the
names
of
not
21
less
than
six
(6)
nor
more
than
nine
(9)
qualified
persons
for
the
ini
-
22
tial
three
(3)
vacancies
to
be
created
by
this
act.
Otherwise,
the
ju
-
23
dicial
council
shall
submit
the
names
of
not
less
than
two
(2)
nor
more
24
than
four
(4)
persons
for
each
vacancy.
The
governor
shall
appoint
the
25
judges,
identifying
each
appointment
by
the
length
of
the
term
of
ap
-
26
pointment.
27
(e)
Nominations
and
appointments
to
fill
initial
or
subsequent
vacan
-
28
cies
shall
be
made
with
due
regard
for
balanced
geographical
membership
29
of
the
court
of
appeals.
30
(f)
Subsequent
terms
of
office
of
a
judge
who
has
been
appointed
to
the
31
court
of
appeals
shall
be
subject
to
a
statewide
nonpartisan
election
32
to
be
held
in
the
primary
election
next
preceding
the
expiration
of
an
33
appointed
term
in
the
same
method
and
manner
as
a
justice
of
the
supreme
34
court.
35
(g)
A
fourth
judge
of
the
court
of
appeals
shall
be
appointed
by
the
gov
-
36
ernor
effective
the
first
Monday
of
January,
2009,
for
an
initial
term
37
to
expire
on
the
first
Monday
of
January,
2013.
Thereafter,
the
term
of
38
office
for
this
position
shall
be
six
(6)
years.
The
judicial
council
39
shall
submit
the
names
of
not
less
than
two
(2)
nor
more
than
four
(4)
40
persons
for
the
initial
vacancy
in
this
position
under
the
procedure
set
41
forth
in
section
1
-
2102,
Idaho
Code.
This
position
shall
be
subject
to
42
all
of
the
provisions
relating
to
qualifications,
removal,
discipline,
43
retirement,
filling
of
vacancies,
election
and
compensation
set
forth
44
in
this
chapter.
45
(5)
(7)
Judges
of
the
court
of
appeals,
except
for
judges
who
have
made
46
an
election
to
remain
in
the
public
employee
retirement
system
of
Idaho
pur
-
47
suant
to
section
1
-
2011,
Idaho
Code,
shall
receive
compensation
upon
retire
-
48
ment
as
provided
in
chapter
20,
title
1,
Idaho
Code.
49
3
SECTION
2.
That
Section
34
-
615,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
34
-
615.
ELECTION
-
-
SELECTION
-
-
OF
JUSTICES
OF
THE
SUPREME
COURT
-
-
3
QUALIFICATIONS.
(1)
At
the
primary
election,
1972,
and
every
alternate
year
4
thereafter,
subject
to
the
provisions
of
section
34
-
1217,
Idaho
Code,
there
5
shall
be
elected
justices
of
the
supreme
court
to
fill
any
vacancy
or
vacan
-
6
cies
occasioned
by
the
expiration
of
the
term
or
terms
of
office
of
any
member
7
or
members.
8
(2)
To
be
elected
or
appointed
to
the
office
of
justice
of
the
supreme
9
court
a
person
must,
at
the
time
of
such
election
or
appointment,
meet
all
of
10
the
following
qualifications:
1
1
(a)
Be
at
least
thirty
(30)
years
of
age;
12
(b)
Be
a
citizen
of
the
United
States
and
an
elector
of
the
state
of
13
Idaho;
14
(c)
Have
been
a
legal
resident
of
the
state
of
Idaho
for
at
least
two
(2)
15
continuous
years
immediately
preceding
such
election
or
appointment;
16
(d)
Have
been
in
good
standing
as
an
active
or
judicial
member
of
the
17
Idaho
state
bar
for
at
least
two
(2)
continuous
years
immediately
pre
-
18
ceding
such
election
or
appointment;
and
19
(e)
Have
held
a
license
to
practice
law
or
held
a
judicial
office
in
one
20
(1)
or
more
jurisdictions
for
at
least
ten
(10)
continuous
years
immedi
-
21
ately
preceding
such
election
or
appointment.
22
(3)
No
person
who
has
been
appointed
by
the
governor
to
fill
a
vacancy
on
23
the
supreme
court
is
eligible
to
be
a
candidate
for
election
to
that
same
seat
24
at
the
next
election
held
for
such
seat
following
the
appointment.
25
(4)
For
purposes
of
this
section,
the
following
terms
have
the
follow
-
26
ing
meanings:
27
(a)
"Active,"
"judicial"
and
"good
standing"
have
the
same
definitions
28
as
those
terms
are
given
by
rule
301
of
the
Idaho
bar
commission
rules
or
29
any
successors
to
those
rules;
30
(b)
"Jurisdiction"
means
a
state
or
territory
of
the
United
States,
the
31
District
of
Columbia
or
any
branch
of
the
United
States
military;
and
32
(c)
"Elector"
means
one
who
is
lawfully
registered
to
vote.
33
(3)
(5)
Each
candidate
for
election
shall
file
a
declaration
of
candi
-
34
dacy
with
the
secretary
of
state.
35
(4)
(6)
Each
candidate
who
files
a
declaration
of
candidacy
shall
at
the
36
same
time
pay
a
filing
fee
of
three
hundred
dollars
($300)
which
shall
be
de
-
37
posited
in
the
general
fund.
38
SECTION
3.
That
Section
34
-
616,
Idaho
Code,
be,
and
the
same
is
hereby
39
amended
to
read
as
follows:
40
34
-
616.
ELECTION
-
-
SELECTION
-
-
OF
DISTRICT
JUDGES
-
-
QUALIFICA
-
41
TIONS.
(1)
At
the
primary
election,
1974,
and
every
four
(4)
years
there
-
42
after,
subject
to
the
provisions
of
section
34
-
1217,
Idaho
Code,
there
shall
43
be
elected
in
each
judicial
district
a
sufficient
number
of
district
judges
44
to
fill
any
vacancy
or
vacancies
occasioned
by
the
expiration
of
the
term
or
45
terms
of
office
of
any
member
or
members.
46
(2)
To
be
elected
to
the
office
of
district
judge
a
person
must,
at
the
47
time
of
such
election,
meet
all
of
the
following
qualifications:
48
4
(a)
Be
at
least
thirty
(30)
years
of
age;
1
(b)
Be
a
citizen
of
the
United
States
and
an
elector
in
the
judicial
dis
-
2
trict
in
which
elected
for
at
least
one
(1)
continuous
year
immediately
3
preceding
such
election
;
4
(c)
Have
been
a
legal
resident
of
the
state
of
Idaho
for
at
least
two
(2)
5
continuous
years
immediately
preceding
such
election;
6
(d)
Have
been
in
good
standing
as
an
active
or
judicial
member
of
the
7
Idaho
state
bar
for
at
least
two
(2)
continuous
years
immediately
pre
-
8
ceding
such
election;
and
9
(e)
Have
held
a
license
to
practice
law
or
held
a
judicial
office
in
one
10
(1)
or
more
jurisdictions
for
at
least
ten
(10)
continuous
years
immedi
-
1
1
ately
preceding
such
election.
12
(3)
No
person
who
has
been
appointed
by
the
governor
to
fill
a
vacancy
on
13
a
district
court
is
eligible
to
be
a
candidate
for
election
to
that
same
seat
14
at
the
next
election
held
for
such
seat
following
the
appointment.
15
(3)
(4)
Each
candidate
for
election
shall
file
a
declaration
of
candi
-
16
dacy
with
the
secretary
of
state.
17
(4)
(5)
Each
candidate
who
files
a
declaration
of
candidacy
shall
at
the
18
same
time
pay
a
filing
fee
of
one
hundred
fifty
dollars
($150)
which
shall
be
19
deposited
in
the
general
fund.
20
(5)
(6)
To
be
appointed
to
the
office
of
district
judge
a
person
must,
at
21
the
time
of
such
appointment,
meet
all
of
the
following
qualifications:
22
(a)
Be
at
least
thirty
(30)
years
of
age;
23
(b)
Be
a
citizen
of
the
United
States
and
an
elector
of
the
state
of
24
Idaho
in
the
judicial
district
in
which
the
vacancy
is
being
filled
for
25
at
least
one
(1)
continuous
year
immediately
preceding
the
appointment
;
26
(c)
Have
been
a
legal
resident
of
the
state
of
Idaho
for
at
least
two
(2)
27
continuous
years
immediately
preceding
such
appointment;
28
(d)
Have
been
in
good
standing
as
an
active
or
judicial
member
of
the
29
Idaho
state
bar
for
at
least
two
(2)
continuous
years
immediately
pre
-
30
ceding
such
appointment;
and
31
(e)
Have
held
a
license
to
practice
law
or
held
a
judicial
office
in
one
32
(1)
or
more
jurisdictions
for
at
least
ten
(10)
continuous
years
immedi
-
33
ately
preceding
such
appointment.
34
(6)
(7)
For
purposes
of
this
section,
the
following
terms
have
the
fol
-
35
lowing
meanings:
36
(a)
"Active,"
"judicial"
and
"good
standing"
have
the
same
definitions
37
as
those
terms
are
given
by
rule
301
of
the
Idaho
bar
commission
rules
or
38
any
successors
to
those
rules;
39
(b)
"Jurisdiction"
means
a
state
or
territory
of
the
United
States,
the
40
District
of
Columbia
or
any
branch
of
the
United
States
military;
and
41
(c)
"Elector"
means
one
who
is
lawfully
registered
to
vote.
42
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
43
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
44
July
1,
2026.
45