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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1366
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
ELECTIONS;
AMENDING
SECTION
34
-
102,
IDAHO
CODE,
TO
REVISE
PRO
-
2
VISIONS
REGARDING
A
DEFINITION
AND
PURPOSES;
AMENDING
SECTION
34
-
106,
3
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
LIMITATION
ON
ELECTIONS;
4
AMENDING
SECTION
34
-
606,
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
5
THE
ELECTION
OF
PRESIDENTIAL
ELECTORS
AND
NOMINATION
FOR
PRESIDENT;
6
AMENDING
SECTION
34
-
703,
IDAHO
CODE,
TO
ESTABLISH
A
PROVISION
REGARDING
7
NOMINATION
AT
PRIMARY;
AMENDING
SECTION
34
-
1214,
IDAHO
CODE,
TO
ESTAB
-
8
LISH
A
PROVISION
REGARDING
CERTIFICATES
OF
NOMINATION
OR
ELECTION
TO
A
9
CERTAIN
FEDERAL
OFFICE;
AND
DECLARING
AN
EMERGENCY.
10
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
1
1
SECTION
1.
That
Section
34
-
102,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
34
-
102.
"PRIMARY
ELECTION"
DEFINED
-
-
PURPOSES.
"Primary
election"
14
means
an
election
held
for
the
purpose
of
nominating
persons
as
candidates
of
15
political
parties
for
election
to
offices,
and
for
the
purpose
of
electing
16
persons
as
members
of
the
controlling
committees
of
political
parties
,
and
17
for
the
purpose
of
allowing
voters
to
express
their
preference
of
candidate
18
for
nomination
by
a
political
party
for
president
of
the
United
States
.
19
Primary
elections
shall
be
held
on
the
third
Tuesday
of
following
the
first
20
Monday
in
May
in
each
even
-
numbered
year.
21
SECTION
2.
That
Section
34
-
106,
Idaho
Code,
be,
and
the
same
is
hereby
22
amended
to
read
as
follows:
23
34
-
106.
LIMITATION
ON
ELECTIONS.
On
and
after
January
1,
2011,
24
notwithstanding
any
other
provisions
of
the
law
to
the
contrary,
there
shall
25
be
no
more
than
two
(2)
elections
conducted
in
any
county
in
any
calendar
26
year,
except
as
provided
in
this
section
or
section
34
-
220,
Idaho
Code,
and
27
except
that
elections
to
fill
vacancies
in
the
United
States
house
of
repre
-
28
sentatives
shall
be
held
as
provided
in
the
governor's
proclamation.
29
(1)
The
dates
on
which
elections
may
be
conducted
are:
30
(a)
The
third
Tuesday
following
the
first
Monday
in
May
of
each
year;
31
and
32
(b)
The
Tuesday
following
the
first
Monday
in
November
of
each
year.
33
(c)
In
addition
to
the
elections
specified
in
paragraphs
(a)
and
(b)
of
34
this
subsection
and
subsection
(7)
of
this
section,
an
emergency
elec
-
35
tion
may
be
called
upon
motion
of
the
governing
board
of
a
political
sub
-
36
division.
An
emergency
exists
when
there
is
a
great
public
calamity,
37
such
as
an
extraordinary
fire,
flood,
storm,
epidemic,
or
other
disas
-
38
ter,
or
when
it
is
necessary
to
do
emergency
work
to
prepare
for
national
39
or
local
defense
or
to
safeguard
life,
health
or
property.
40
2
(2)
Candidates
for
office
elected
in
May
shall
take
office
on
the
date
1
specified
in
the
certificate
of
election
but
not
more
than
sixty
(60)
days
2
following
the
election.
3
(3)
Candidates
for
office
elected
in
November
shall
take
office
as
pro
-
4
vided
in
the
constitution
or
on
January
1
next
succeeding
the
November
elec
-
5
tion.
6
(4)
The
governing
board
of
each
political
subdivision
subject
to
the
7
provisions
of
this
section
that,
prior
to
January
1,
2011,
conducted
an
elec
-
8
tion
for
members
of
that
governing
board
on
a
date
other
than
a
date
permit
-
9
ted
in
subsection
(1)
of
this
section
shall
establish
as
the
election
date
10
for
that
political
subdivision
the
date
authorized
in
subsection
(1)
of
this
1
1
section
that
falls
nearest
the
date
on
which
elections
were
previously
con
-
12
ducted,
unless
another
date
is
established
by
law.
13
(5)
The
secretary
of
state
is
authorized
to
provide
such
assistance
as
14
necessary
and
to
prescribe
any
needed
rules
or
interpretations
for
the
con
-
15
duct
of
an
election
authorized
under
the
provisions
of
this
section.
16
(6)
Water
districts
governed
by
chapter
6,
title
42,
Idaho
Code,
are
ex
-
17
empt
from
the
provisions
of
this
section.
18
(7)
Community
colleges
governed
by
chapter
21,
title
33,
Idaho
Code,
19
and
school
districts
are
subject
to
the
limitations
specified
in
subsection
20
(1)
of
this
section.
21
(8)
A
city
initiative
or
referendum
election
shall
be
held
on
the
Tues
-
22
day
following
the
first
Monday
in
November
of
odd
-
numbered
years.
A
county
23
initiative
or
referendum
election
or
a
bond,
levy
or
other
ballot
question
24
election
conducted
by
any
political
subdivision
shall
be
held
on
the
nearest
25
date
authorized
in
subsection
(1)
of
this
section
as
long
as
the
ballot
lan
-
26
guage
for
any
question
to
be
placed
on
the
ballot
is
submitted
to
the
county
27
clerk
no
later
than
5:00
p.m.
on
the
tenth
Friday
before
the
election.
28
(9)
Recall
elections
may
be
held
on
any
of
the
dates
authorized
in
sub
-
29
section
(1)
of
this
section
as
long
as
the
recall
petition
is
certified
no
30
later
than
the
tenth
Friday
before
the
next
scheduled
election.
31
(10)
Irrigation
districts
governed
by
title
43,
Idaho
Code,
are
subject
32
to
the
limitations
specified
in
subsection
(1)
of
this
section,
except
that
33
irrigation
districts
may
also
hold
an
election
on
the
first
Tuesday
in
Febru
-
34
ary
of
each
year
and
on
the
first
Tuesday
in
August
of
each
year
on
questions
35
required
to
be
voted
on
by
title
43,
Idaho
Code.
36
SECTION
3.
That
Section
34
-
606,
Idaho
Code,
be,
and
the
same
is
hereby
37
amended
to
read
as
follows:
38
34
-
606.
ELECTION
OF
PRESIDENTIAL
ELECTORS
-
-
NOMINATION
FOR
PRESI
-
39
DENT
.
(1)
At
the
general
election,
1972,
and
every
four
(4)
years
thereafter,
40
there
shall
be
elected
such
a
number
of
electors
of
president
and
vice
pres
-
41
ident
of
the
United
States
as
the
state
may
be
entitled
to
in
the
electoral
42
college.
43
(2)
No
person
shall
be
elected
to
this
position
unless
he
has
attained
44
the
age
of
twenty
-
one
(21)
years
at
the
time
of
the
election,
is
a
citizen
of
45
the
United
States
and
shall
have
resided
within
the
state
two
(2)
years
next
46
preceding
his
election.
47
(3)
Such
electors
shall
be
certified
to
the
secretary
of
state
as
pro
-
48
vided
for
by
law.
49
3
(4)
Any
candidate
for
a
political
party
participating
in
the
nomination
1
for
president
of
the
United
States
at
the
primary
election
shall
file
a
dec
-
2
laration
of
candidacy
with
the
secretary
of
state
and
pay
a
filing
fee
of
one
3
thousand
dollars
($1,000)
within
the
time
period
provided
in
section
34
-
704,
4
Idaho
Code.
Such
filing
fee
shall
be
deposited
in
the
general
fund.
5
SECTION
4.
That
Section
34
-
703,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
34
-
703.
NOMINATION
AT
PRIMARY.
(1)
All
political
party
candidates
for
8
president
of
the
United
States,
for
United
States
senator
and
representative
9
in
congress
,
and
for
all
political
party
candidates
for
elective
state,
dis
-
10
trict
and
county
offices,
except
candidates
for
judicial
office,
at
general
1
1
elections
shall
be
nominated
at
the
primary
elections,
or
shall
have
their
12
names
placed
on
the
general
election
ballot
as
provided
by
law,
and
shall
13
comply
with
the
provisions
of
this
act.
14
(2)
All
candidates
for
judicial
office
shall
be
nominated
or
elected
at
15
the
primary
election,
as
provided
by
section
34
-
1217,
Idaho
Code.
16
(3)
Independent
candidates
shall
not
be
voted
on
at
primary
elections.
17
SECTION
5.
That
Section
34
-
1214,
Idaho
Code,
be,
and
the
same
is
hereby
18
amended
to
read
as
follows:
19
34
-
1214.
CERTIFICATES
OF
NOMINATION
OR
ELECTION
TO
FEDERAL,
STATE,
20
DISTRICT
OR
NONPARTISAN
OFFICES
AFTER
PRIMARY.
(1)
Immediately
after
the
21
primary
election
canvass,
the
secretary
of
state
shall
issue
certificates
22
of
nomination
to
the
political
party
candidates
of
each
party
who
receive
23
the
highest
number
of
votes
for
their
particular
federal,
state
or
district
24
office.
The
candidates
so
certified
shall
have
their
names
placed
on
the
25
general
election
ballot.
26
(2)
Immediately
after
the
primary
election
canvass
in
a
presidential
27
election
year,
the
secretary
of
state
shall
certify
to
the
state
chair
of
28
each
political
party
the
number
of
votes
received
by
that
party's
candidates
29
for
president
of
the
United
States.
A
winner
shall
be
declared
as
prescribed
30
by
rule
of
the
state
and
national
party.
31
(2)
(3)
Immediately
after
the
primary
election
canvass,
the
secretary
32
of
state
shall
issue
certificates
of
nomination
to
the
nonpartisan
candi
-
33
date
or
candidates
who
receive
the
highest
number
of
votes
for
the
number
34
of
vacancies
which
are
to
be
filled
for
a
particular
office
and
also
to
the
35
same
number
of
candidates
who
receive
the
second
highest
number
of
votes
for
36
the
particular
office.
The
candidates
so
certified
shall
have
their
names
37
placed
on
the
general
election
ballot.
If
it
appears
from
the
canvass
that
a
38
particular
candidate
has
received
a
majority
of
the
total
vote
cast
for
the
39
particular
office,
he
shall
be
issued
a
certificate
of
election
instead
of
a
40
certificate
of
nomination
and
no
candidates
shall
run
for
the
particular
of
-
41
fice
in
the
general
election.
42
SECTION
6.
An
emergency
existing
therefor,
which
emergency
is
hereby
43
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
44
passage
and
approval.
45