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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1398
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
ELECTIONS;
AMENDING
SECTION
33
-
2715,
IDAHO
CODE,
TO
REVISE
AN
2
ELECTION
DATE;
AMENDING
SECTION
34
-
102,
IDAHO
CODE,
TO
REVISE
A
DEFI
-
3
NITION
AND
TO
REVISE
PROVISIONS
REGARDING
PURPOSES;
AMENDING
SECTION
4
34
-
106,
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
LIMITATION
ON
ELEC
-
5
TIONS;
AMENDING
SECTION
34
-
601,
IDAHO
CODE,
TO
REVISE
AN
ELECTION
DATE;
6
AMENDING
SECTION
34
-
606,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
7
ELECTION
OF
PRESIDENTIAL
ELECTORS
AND
NOMINATION
FOR
PRESIDENT;
AMEND
-
8
ING
SECTION
34
-
703,
IDAHO
CODE,
TO
ESTABLISH
A
PROVISION
REGARDING
NOM
-
9
INATION
AT
PRIMARY;
AMENDING
CHAPTER
7,
TITLE
34,
IDAHO
CODE,
BY
THE
AD
-
10
DITION
OF
A
NEW
SECTION
34
-
718,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
RE
-
1
1
GARDING
PRESIDENTIAL
PRIMARIES;
AMENDING
SECTION
34
-
1214,
IDAHO
CODE,
12
TO
ESTABLISH
A
PROVISION
REGARDING
CERTIFICATES
OF
NOMINATION
OR
ELEC
-
13
TION
TO
A
CERTAIN
FEDERAL
OFFICE;
AMENDING
SECTION
39
-
1330,
IDAHO
CODE,
14
TO
REVISE
AN
ELECTION
DATE
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
15
SECTION
40
-
1305,
IDAHO
CODE,
TO
REVISE
AN
ELECTION
DATE;
AMENDING
SEC
-
16
TION
42
-
3211,
IDAHO
CODE,
TO
REVISE
AN
ELECTION
DATE;
AMENDING
SECTION
17
50
-
405,
IDAHO
CODE,
TO
REVISE
ELECTION
DATES;
AMENDING
SECTION
67
-
4911,
18
IDAHO
CODE,
TO
REVISE
AN
ELECTION
DATE;
AND
DECLARING
AN
EMERGENCY
AND
19
PROVIDING
AN
EFFECTIVE
DATE.
20
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
21
SECTION
1.
That
Section
33
-
2715,
Idaho
Code,
be,
and
the
same
is
hereby
22
amended
to
read
as
follows:
23
33
-
2715.
BOARD
OF
TRUSTEES
-
-
SELECTION
-
-
NUMBER
-
-
QUALIFICATIONS
-
-
24
TERM
-
-
OATH
-
-
APPOINTMENT
OF
FIRST
BOARD.
(1)
Each
library
district
shall
25
be
governed
by
a
board
of
trustees
of
five
(5)
members
elected
or
appointed
as
26
provided
by
law,
who
at
the
time
of
their
selection
and
during
their
terms
of
27
office
shall
be
qualified
electors
of
the
district
and
if
trustee
zones
have
28
been
established
under
section
33
-
2718,
Idaho
Code,
shall
be
a
resident
of
29
the
trustee
zone.
Trustees
shall
be
elected
at
each
trustee
election,
held
30
on
the
uniform
election
date
in
May
date
provided
in
section
34
-
106(1)(a),
31
Idaho
Code
.
The
regular
term
of
a
trustee
shall
be
for
four
(4)
years,
or
un
-
32
til
his
successor
has
been
elected
and
qualified.
Within
ten
(10)
days
af
-
33
ter
his
appointment
an
appointed
trustee
shall
qualify
and
assume
the
duties
34
of
his
office.
An
elected
trustee
shall
qualify
and
assume
the
duties
of
his
35
office
at
the
annual
meeting.
All
trustees
qualify
by
taking
the
oath
of
of
-
36
fice
required
of
state
officers,
to
be
administered
by
one
(1)
of
the
present
37
trustees
or
by
a
trustee
retiring.
38
(2)
Following
the
initial
establishment
of
a
library
district,
the
39
board
of
county
commissioners
of
the
home
county
within
five
(5)
days
shall
40
appoint
the
members
of
the
first
board
of
trustees,
who
shall
serve
until
the
41
next
election
of
trustees
held
in
an
odd
-
numbered
year
or
until
their
succes
-
42
2
sors
are
elected
and
qualified
in
an
odd
-
numbered
year.
The
initial
election
1
of
three
(3)
trustees
shall
be
for
terms
of
two
(2)
years,
and
subsequent
reg
-
2
ular
terms
shall
be
for
four
(4)
years.
The
initial
and
subsequent
election
3
of
two
(2)
trustees
shall
be
for
terms
of
four
(4)
years.
Addition
of
new
4
territory
to
an
existing
library
district
shall
not
be
considered
an
initial
5
establishment.
The
first
board
of
trustees
shall
be
sworn
by
a
member
of
the
6
board
of
county
commissioners
of
the
home
county
of
the
district.
7
(3)
At
its
first
meeting,
and
after
each
trustee
election,
the
board
8
shall
organize
and
elect
from
its
membership
a
chairman
and
other
officers
9
necessary
to
conduct
the
affairs
of
the
district.
10
(4)
Members
of
the
board
shall
serve
without
salary
but
shall
receive
1
1
their
actual
and
necessary
expenses
while
engaged
in
business
of
the
dis
-
12
trict.
13
(5)
For
the
purpose
of
achieving
an
orderly
transition
from
terms
of
six
14
(6)
years
to
terms
of
four
(4)
years,
the
following
schedule
shall
be
fol
-
15
lowed:
16
(a)
Trustees
elected
in
2023
or
earlier
shall
serve
the
remainder
of
the
17
regular
six
(6)
year
term
for
which
they
were
most
recently
elected;
and
18
(b)
Trustees
elected
in
2025
or
later
shall
serve
regular
terms
of
four
19
(4)
years.
20
SECTION
2.
That
Section
34
-
102,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
34
-
102.
"PRIMARY
ELECTION"
DEFINED
-
-
PURPOSES.
"Primary
election"
23
means
an
election
held
for
the
purpose
of
nominating
persons
as
candidates
of
24
political
parties
for
election
to
offices,
and
for
the
purpose
of
electing
25
persons
as
members
of
the
controlling
committees
of
political
parties
,
and
26
for
the
purpose
of
allowing
voters
to
express
their
preference
of
candidate
27
for
nomination
by
a
political
party
for
president
of
the
United
States
.
28
Primary
elections
shall
be
held
on
the
third
Tuesday
of
May
date
provided
in
29
section
34
-
106(1)(a),
Idaho
Code,
in
each
even
-
numbered
year.
30
SECTION
3.
That
Section
34
-
106,
Idaho
Code,
be,
and
the
same
is
hereby
31
amended
to
read
as
follows:
32
34
-
106.
LIMITATION
ON
ELECTIONS.
On
and
after
January
1,
2011,
33
notwithstanding
any
other
provisions
of
the
law
to
the
contrary,
there
shall
34
be
no
more
than
two
(2)
elections
conducted
in
any
county
in
any
calendar
35
year,
except
as
provided
in
this
section
or
section
34
-
220,
Idaho
Code,
and
36
except
that
elections
to
fill
vacancies
in
the
United
States
house
of
repre
-
37
sentatives
shall
be
held
as
provided
in
the
governor's
proclamation.
38
(1)
The
dates
on
which
elections
may
be
conducted
are:
39
(a)
The
third
Tuesday
following
the
first
Monday
in
May
of
each
year;
40
and
41
(b)
The
Tuesday
following
the
first
Monday
in
November
of
each
year.
42
(c)
In
addition
to
the
elections
specified
in
paragraphs
(a)
and
(b)
of
43
this
subsection
and
subsection
(7)
of
this
section,
an
emergency
elec
-
44
tion
may
be
called
upon
motion
of
the
governing
board
of
a
political
sub
-
45
division.
An
emergency
exists
when
there
is
a
great
public
calamity,
46
such
as
an
extraordinary
fire,
flood,
storm,
epidemic,
or
other
disas
-
47
3
ter,
or
when
it
is
necessary
to
do
emergency
work
to
prepare
for
national
1
or
local
defense
or
to
safeguard
life,
health
or
property.
2
(2)
Candidates
for
office
elected
in
May
shall
take
office
on
the
date
3
specified
in
the
certificate
of
election
but
not
more
than
sixty
(60)
days
4
following
the
election.
5
(3)
Candidates
for
office
elected
in
November
shall
take
office
as
pro
-
6
vided
in
the
constitution
or
on
January
1
next
succeeding
the
November
elec
-
7
tion.
8
(4)
The
governing
board
of
each
political
subdivision
subject
to
the
9
provisions
of
this
section
that,
prior
to
January
1,
2011,
conducted
an
elec
-
10
tion
for
members
of
that
governing
board
on
a
date
other
than
a
date
permit
-
1
1
ted
in
subsection
(1)
of
this
section
shall
establish
as
the
election
date
12
for
that
political
subdivision
the
date
authorized
in
subsection
(1)
of
this
13
section
that
falls
nearest
the
date
on
which
elections
were
previously
con
-
14
ducted,
unless
another
date
is
established
by
law.
15
(5)
The
secretary
of
state
is
authorized
to
provide
such
assistance
as
16
necessary
and
to
prescribe
any
needed
rules
or
interpretations
for
the
con
-
17
duct
of
an
election
authorized
under
the
provisions
of
this
section.
18
(6)
Water
districts
governed
by
chapter
6,
title
42,
Idaho
Code,
are
ex
-
19
empt
from
the
provisions
of
this
section.
20
(7)
Community
colleges
governed
by
chapter
21,
title
33,
Idaho
Code,
21
and
school
districts
are
subject
to
the
limitations
specified
in
subsection
22
(1)
of
this
section.
23
(8)
A
city
initiative
or
referendum
election
shall
be
held
on
the
Tues
-
24
day
following
the
first
Monday
in
November
of
odd
-
numbered
years.
A
county
25
initiative
or
referendum
election
or
a
bond,
levy
or
other
ballot
question
26
election
conducted
by
any
political
subdivision
shall
be
held
on
the
nearest
27
date
authorized
in
subsection
(1)
of
this
section
as
long
as
the
ballot
lan
-
28
guage
for
any
question
to
be
placed
on
the
ballot
is
submitted
to
the
county
29
clerk
no
later
than
5:00
p.m.
on
the
tenth
Friday
before
the
election.
30
(9)
Recall
elections
may
be
held
on
any
of
the
dates
authorized
in
sub
-
31
section
(1)
of
this
section
as
long
as
the
recall
petition
is
certified
no
32
later
than
the
tenth
Friday
before
the
next
scheduled
election.
33
(10)
Irrigation
districts
governed
by
title
43,
Idaho
Code,
are
subject
34
to
the
limitations
specified
in
subsection
(1)
of
this
section,
except
that
35
irrigation
districts
may
also
hold
an
election
on
the
first
Tuesday
in
Febru
-
36
ary
of
each
year
and
on
the
first
Tuesday
in
August
of
each
year
on
questions
37
required
to
be
voted
on
by
title
43,
Idaho
Code.
38
SECTION
4.
That
Section
34
-
601,
Idaho
Code,
be,
and
the
same
is
hereby
39
amended
to
read
as
follows:
40
34
-
601.
DATES
ON
WHICH
ELECTIONS
SHALL
BE
HELD.
Elections
shall
be
41
held
in
this
state
on
the
following
dates
or
times:
42
(1)
A
primary
election
shall
be
held
on
the
third
Tuesday
in
May,
2012
43
following
the
first
Monday
in
May
,
and
every
two
(2)
years
thereafter
on
the
44
above
-
mentioned
Tuesday.
45
(2)
A
general
election
shall
be
held
on
the
first
Tuesday
after
the
46
first
Monday
of
November,
2012,
and
every
two
(2)
years
thereafter
on
the
47
above
-
mentioned
Tuesday.
48
4
(3)
Special
state
elections
shall
be
held
on
the
dates
ordered
by
the
1
governor's
proclamation,
or
as
otherwise
provided
by
law.
2
SECTION
5.
That
Section
34
-
606,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
34
-
606.
ELECTION
OF
PRESIDENTIAL
ELECTORS
-
-
NOMINATION
FOR
PRESI
-
5
DENT
.
(1)
At
the
general
election,
1972,
and
every
four
(4)
years
thereafter,
6
there
shall
be
elected
such
a
number
of
electors
of
president
and
vice
pres
-
7
ident
of
the
United
States
as
the
state
may
be
entitled
to
in
the
electoral
8
college.
9
(2)
No
person
shall
be
elected
to
this
position
unless
he
has
attained
10
the
age
of
twenty
-
one
(21)
years
at
the
time
of
the
election,
is
a
citizen
of
1
1
the
United
States
and
shall
have
resided
within
the
state
two
(2)
years
next
12
preceding
his
election.
13
(3)
Such
electors
shall
be
certified
to
the
secretary
of
state
as
pro
-
14
vided
for
by
law.
15
(4)
Any
candidate
for
a
political
party
participating
in
the
nomination
16
for
president
of
the
United
States
at
the
primary
election
shall
file
a
dec
-
17
laration
of
candidacy
with
the
secretary
of
state
and
pay
a
filing
fee
of
one
18
thousand
dollars
($1,000)
within
the
time
period
provided
in
section
34
-
704,
19
Idaho
Code.
Such
filing
fee
shall
be
deposited
in
the
general
fund.
20
SECTION
6.
That
Section
34
-
703,
Idaho
Code,
be,
and
the
same
is
hereby
21
amended
to
read
as
follows:
22
34
-
703.
NOMINATION
AT
PRIMARY.
(1)
All
political
party
candidates
for
23
president
of
the
United
States,
for
United
States
senator
and
representative
24
in
congress
,
and
for
all
political
party
candidates
for
elective
state,
dis
-
25
trict
and
county
offices,
except
candidates
for
judicial
office,
at
general
26
elections
shall
be
nominated
at
the
primary
elections,
or
shall
have
their
27
names
placed
on
the
general
election
ballot
as
provided
by
law,
and
shall
28
comply
with
the
provisions
of
this
act.
29
(2)
All
candidates
for
judicial
office
shall
be
nominated
or
elected
at
30
the
primary
election,
as
provided
by
section
34
-
1217,
Idaho
Code.
31
(3)
Independent
candidates
shall
not
be
voted
on
at
primary
elections.
32
SECTION
7.
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
-
718,
Idaho
Code,
and
to
read
as
follows:
35
34
-
718.
PRESIDENTIAL
PRIMARY.
(1)
In
years
in
which
a
president
of
the
36
United
States
is
to
be
nominated
and
elected,
a
presidential
primary
shall
be
37
held
at
which
voters
may
express
their
choice
of
candidate
for
nomination
by
38
a
political
party
for
president.
The
presidential
primary
shall
be
held
on
39
the
date
provided
in
section
34
-
106(1)(a),
Idaho
Code,
in
each
presidential
40
election
year.
41
(2)
Participation
in
a
presidential
primary
by
a
political
party
shall
42
be
optional,
and
nothing
in
this
chapter
shall
be
construed
as
mandating
a
43
party's
participation
in
a
presidential
primary.
Any
party
that
intends
to
44
participate
in
a
presidential
primary
shall
notify
the
secretary
of
state's
45
5
office
no
later
than
the
last
Tuesday
in
November
prior
to
the
presidential
1
primary.
2
SECTION
8.
That
Section
34
-
1214,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
34
-
1214.
CERTIFICATES
OF
NOMINATION
OR
ELECTION
TO
FEDERAL,
STATE,
5
DISTRICT
OR
NONPARTISAN
OFFICES
AFTER
PRIMARY.
(1)
Immediately
after
the
6
primary
election
canvass,
the
secretary
of
state
shall
issue
certificates
7
of
nomination
to
the
political
party
candidates
of
each
party
who
receive
8
the
highest
number
of
votes
for
their
particular
federal,
state
or
district
9
office.
The
candidates
so
certified
shall
have
their
names
placed
on
the
10
general
election
ballot.
1
1
(2)
Immediately
after
the
primary
election
canvass
in
a
presidential
12
election
year,
the
secretary
of
state
shall
certify
to
the
state
chair
of
13
each
political
party
the
number
of
votes
received
by
that
party's
candidates
14
for
president
of
the
United
States.
A
winner
shall
be
declared
as
prescribed
15
by
rule
of
the
state
and
national
party.
16
(2)
(3)
Immediately
after
the
primary
election
canvass,
the
secretary
17
of
state
shall
issue
certificates
of
nomination
to
the
nonpartisan
candi
-
18
date
or
candidates
who
receive
the
highest
number
of
votes
for
the
number
19
of
vacancies
which
are
to
be
filled
for
a
particular
office
and
also
to
the
20
same
number
of
candidates
who
receive
the
second
highest
number
of
votes
for
21
the
particular
office.
The
candidates
so
certified
shall
have
their
names
22
placed
on
the
general
election
ballot.
If
it
appears
from
the
canvass
that
a
23
particular
candidate
has
received
a
majority
of
the
total
vote
cast
for
the
24
particular
office,
he
shall
be
issued
a
certificate
of
election
instead
of
a
25
certificate
of
nomination
and
no
candidates
shall
run
for
the
particular
of
-
26
fice
in
the
general
election.
27
SECTION
9.
That
Section
39
-
1330,
Idaho
Code,
be,
and
the
same
is
hereby
28
amended
to
read
as
follows:
29
39
-
1330.
BIENNIAL
ELECTION
OF
BOARD
MEMBERS
-
-
TERMS
OF
OFFICE.
On
the
30
third
Tuesday
of
May
date
provided
in
section
34
-
106(1)(a),
Idaho
Code,
in
31
the
next
odd
-
numbered
calendar
year
after
the
organization
of
any
district,
32
and
on
the
third
Tuesday
of
May
the
date
provided
in
section
34
-
106(1)(a),
33
Idaho
Code,
every
second
year
thereafter,
an
election
shall
be
held
,
which
34
shall
be
known
as
the
biennial
election
of
the
district.
35
At
the
first
biennial
election
in
any
district
hereafter
organized
and
36
each
sixth
year
thereafter
,
there
shall
be
elected
by
the
qualified
electors
37
of
the
district
three
(3)
members
of
the
board
to
serve
for
a
term
of
six
(6)
38
years;
at
the
second
biennial
election
and
each
sixth
year
thereafter
,
there
39
shall
be
elected
two
(2)
members
of
the
board
to
serve
for
a
term
of
six
(6)
40
years;
at
the
third
biennial
election
and
each
sixth
year
thereafter
,
there
41
shall
be
elected
two
(2)
members
of
the
board
to
serve
for
terms
a
term
of
six
42
(6)
years.
43
The
county
clerk
shall
provide
for
holding
such
elections
and
shall
ap
-
44
point
judges
to
conduct
them;
the
county
clerk
shall
give
notice
of
election
45
by
publication
and
shall
arrange
such
other
details
in
connection
therewith
46
as
the
board
may
direct.
The
returns
of
the
election
shall
be
certified
47
6
to
and
shall
be
canvassed
and
declared
by
the
board
of
county
commission
-
1
ers.
The
candidate
or
candidates,
according
to
the
number
of
trustees
to
be
2
elected,
receiving
the
most
votes
shall
be
elected.
Any
new
member
of
the
3
board
shall
qualify
in
the
same
manner
as
members
of
the
first
board
qualify.
4
In
any
election
for
trustee,
if
after
the
deadline
for
filing
a
declara
-
5
tion
of
intent
as
a
write
-
in
candidate
it
appears
that
only
one
(1)
qualified
6
candidate
has
been
nominated
for
a
trustee's
position,
it
shall
not
be
neces
-
7
sary
for
the
candidate
to
stand
for
election,
and
the
board
of
trustees
of
the
8
district
shall
declare
such
candidate
elected
as
a
trustee,
and
the
secre
-
9
tary
of
the
board
of
the
district
shall
immediately
make
and
deliver
to
such
10
person
a
certificate
of
election.
1
1
For
the
purpose
of
achieving
an
orderly
transition
to
a
term
of
six
(6)
12
years
and
to
hold
trustee
elections
in
odd
-
numbered
years,
the
following
13
schedule
shall
be
followed:
14
(a)
For
trustees
elected
in
2005,
their
terms
shall
expire
in
2011
and
15
the
terms
for
each
of
those
elected
in
2011
shall
be
six
(6)
years
and
16
thereafter
those
terms
shall
be
for
six
(6)
years;
17
(b)
For
trustees
elected
in
2006,
their
terms
shall
expire
in
2013
and
18
the
terms
for
each
of
those
elected
in
2013
shall
be
six
(6)
years
and
19
thereafter
those
terms
shall
be
for
six
(6)
years;
20
(c)
For
trustees
elected
in
2007,
their
terms
shall
expire
in
2013
and
21
the
terms
for
each
of
those
elected
in
2013
shall
be
six
(6)
years
and
22
thereafter
those
terms
shall
be
for
six
(6)
years;
23
(d)
For
trustees
elected
in
2008,
their
terms
shall
expire
in
2015
and
24
the
terms
for
each
of
those
elected
in
2015
shall
be
six
(6)
years
and
25
thereafter
those
terms
shall
be
for
six
(6)
years;
26
(e)
For
trustees
elected
in
2009,
their
terms
shall
expire
in
2015
and
27
the
terms
for
each
of
those
elected
in
2015
shall
be
six
(6)
years
and
28
thereafter
those
terms
shall
be
for
six
(6)
years;
29
(f)
For
trustees
elected
in
2010,
their
terms
shall
expire
in
2017
and
30
the
terms
for
each
of
those
elected
in
2017
shall
be
six
(6)
years
and
31
thereafter
those
terms
shall
be
for
six
(6)
years.
32
SECTION
10.
That
Section
40
-
1305,
Idaho
Code,
be,
and
the
same
is
hereby
33
amended
to
read
as
follows:
34
40
-
1305.
ELECTION
OF
HIGHWAY
COMMISSIONERS
-
-
TERM
OF
OFFICE.
(1)
On
35
the
third
Tuesday
of
May
date
provided
in
section
34
-
106(1)(a),
Idaho
Code,
36
of
the
next
odd
-
numbered
year
following
the
appointment
of
the
first
highway
37
district
commissioners,
commissioners
from
subdistricts
one
and
two
shall
38
be
elected
for
a
term
of
two
(2)
years
and
the
commissioner
from
subdistrict
39
three
shall
be
elected
for
a
term
of
four
(4)
years.
Thereafter
the
term
of
40
office
of
all
commissioners
shall
be
four
(4)
years.
41
(2)
A
highway
district
whose
terms
and
election
were
established
by
42
prior
law
shall
convert
to
the
election
of
commissioners
as
provided
in
sub
-
43
section
(1)
of
this
section.
44
Each
highway
commissioner
shall
be
elected
on
a
districtwide
basis.
45
SECTION
11.
That
Section
42
-
3211,
Idaho
Code,
be,
and
the
same
is
hereby
46
amended
to
read
as
follows:
47
7
42
-
3211.
ELECTIONS
-
-
TERMS
OF
OFFICE.
(1)
On
the
third
Tuesday
in
May
1
date
provided
in
section
34
-
106(1)(a),
Idaho
Code
,
in
the
first
odd
-
numbered
2
year
after
the
organization
of
any
district,
and
on
the
third
Tuesday
in
May
3
date
provided
in
section
34
-
106(1)(a),
Idaho
Code,
every
second
year
there
-
4
after
,
an
election
shall
be
held,
which
shall
be
known
as
the
biennial
elec
-
5
tion
of
the
district.
Such
election
shall
be
held
and
conducted
consistent
6
with
the
provisions
of
chapter
14,
title
34,
Idaho
Code.
7
(2)
In
districts
created
under
section
42
-
3202B,
Idaho
Code,
biennial
8
elections
shall
be
held
on
the
third
Tuesday
in
May
date
provided
in
section
9
34
-
106(1)(a),
Idaho
Code
.
10
(3)
At
the
first
biennial
election
in
any
district
hereafter
organized,
1
1
and
each
sixth
year
thereafter,
there
shall
be
elected
by
the
qualified
elec
-
12
tors
of
the
district,
one
(1)
member
of
the
board
to
serve
for
a
term
of
six
13
(6)
years;
at
the
second
biennial
election
and
each
sixth
year
thereafter,
14
there
shall
be
elected
two
(2)
members
of
the
board
to
serve
for
terms
of
six
15
(6)
years,
and
at
the
third
biennial
election,
and
each
sixth
year
there
-
16
after,
there
shall
be
elected
two
(2)
members
of
the
board
to
serve
for
terms
17
of
six
(6)
years.
18
In
any
election
for
director,
if
after
the
deadline
for
filing
a
decla
-
19
ration
of
intent
as
a
write
-
in
candidate,
it
appears
that
the
number
of
qual
-
20
ified
candidates
who
have
been
nominated
is
equal
to
the
number
of
directors
21
to
be
elected,
it
shall
not
be
necessary
for
the
candidates
to
stand
for
elec
-
22
tion,
and
the
board
of
directors
shall
declare
such
candidates
elected
as
23
directors,
and
the
secretary
of
the
district
shall
immediately
make
and
de
-
24
liver
to
such
persons
certificates
of
election
signed
by
him
and
bearing
the
25
seal
of
the
district.
26
SECTION
12.
That
Section
50
-
405,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
50
-
405.
GENERAL
AND
SPECIAL
CITY
ELECTIONS.
(1)
A
general
election
29
shall
be
held
in
each
city
governed
by
this
title,
for
officials
as
in
this
30
title
provided,
on
the
Tuesday
following
the
first
Monday
of
November
date
31
provided
in
section
34
-
106(1)(b),
Idaho
Code,
in
each
odd
-
numbered
year.
32
All
such
officials
shall
be
elected
and
hold
their
respective
offices
for
the
33
term
specified
and
until
their
successors
are
elected
and
qualified.
All
34
other
city
elections
that
may
be
held
under
authority
of
general
law
shall
be
35
known
as
special
city
elections.
36
(2)(a)
No
city
with
a
population
of
less
than
one
hundred
thousand
37
(100,000)
shall
hold
a
city
election
for
an
office
if,
after
the
dead
-
38
line
for
filing
a
declaration
of
intent
to
be
a
write
-
in
candidate
for
39
the
office,
it
appears:
40
(i)
For
the
office
of
mayor,
only
one
(1)
person
has
filed
a
dec
-
41
laration
of
candidacy
or
a
declaration
of
intent
to
be
a
write
-
in
42
candidate;
43
(ii)
For
the
office
of
city
council
member
in
cities
that
have
es
-
44
tablished
designated
seats,
as
provided
in
section
50
-
707,
Idaho
45
Code,
only
one
(1)
person
has
filed
a
declaration
of
candidacy
or
a
46
declaration
of
intent
to
be
a
write
-
in
candidate
for
a
particular
47
seat
up
for
election
for
a
two
(2)
year
term
or
a
four
(4)
year
term;
48
or
49
8
(iii)
For
the
office
of
city
council
member
in
cities
that
do
not
1
have
designated
council
seats
as
provided
in
section
50
-
707,
Idaho
2
Code,
the
number
of
people
who
have
filed
a
declaration
of
candi
-
3
dacy
or
a
declaration
of
intent
to
be
a
write
-
in
candidate
is
equal
4
to
or
fewer
than
the
number
of
council
positions
up
for
election
5
for
a
two
(2)
year
term
or
a
four
(4)
year
term.
6
(b)
If
the
provisions
of
paragraph
(a)
of
this
subsection
have
been
7
met,
the
city
clerk
shall
declare
such
candidate
elected.
The
candidate
8
shall
receive
a
certificate
of
election
and
be
installed
at
the
first
9
city
council
meeting
in
January
following
the
election.
10
(3)
On
and
after
January
1,
2011,
notwithstanding
any
other
provisions
1
1
of
law
to
the
contrary,
there
shall
be
no
more
than
two
(2)
elections
con
-
12
ducted
in
any
city
in
any
calendar
year,
except
as
provided
in
this
section.
13
(4)
The
dates
on
which
elections
may
be
conducted
are:
14
(a)
The
third
Tuesday
in
May
date
provided
in
section
34
-
106(1)(a),
15
Idaho
Code,
of
each
year;
and
16
(b)
The
Tuesday
following
the
first
Monday
in
November
date
provided
in
17
section
34
-
106(1)(b),
Idaho
Code,
of
each
year.
18
(c)
In
addition
to
the
elections
specified
in
paragraphs
(a)
and
(b)
of
19
this
subsection,
an
emergency
election
may
be
called
upon
motion
of
the
20
city
council
of
a
city.
An
emergency
exists
when
there
is
a
great
pub
-
21
lic
calamity,
such
as
an
extraordinary
fire,
flood,
storm,
epidemic
or
22
other
disaster,
or
if
it
is
necessary
to
do
emergency
work
to
prepare
for
23
a
national
or
local
defense,
or
if
it
is
necessary
to
do
emergency
work
24
to
safeguard
life,
health
or
property.
25
(5)
Pursuant
to
section
34
-
1401,
Idaho
Code,
all
city
elections
shall
26
be
conducted
by
the
county
clerk
of
the
county
wherein
the
city
lies,
and
27
elections
shall
be
administered
in
accordance
with
the
provisions
of
title
28
34,
Idaho
Code,
except
as
those
provisions
are
specifically
modified
by
the
29
provisions
of
this
chapter.
After
an
election
has
been
ordered,
all
expenses
30
associated
with
conducting
city
general
and
special
elections
shall
be
paid
31
from
the
county
election
fund
as
provided
by
section
34
-
1411,
Idaho
Code.
32
Expenses
associated
with
conducting
runoff
elections
shall
be
paid
by
the
33
city
adopting
runoff
elections
pursuant
to
the
provisions
of
section
50
-
612
34
or
50
-
707B,
Idaho
Code,
or
both.
35
(6)
The
secretary
of
state
is
authorized
to
provide
such
assistance
as
36
necessary
and
to
prescribe
any
needed
rules
or
interpretations
for
the
con
-
37
duct
of
elections
authorized
under
the
provisions
of
this
section.
38
SECTION
13.
That
Section
67
-
4911,
Idaho
Code,
be,
and
the
same
is
hereby
39
amended
to
read
as
follows:
40
67
-
4911.
ELECTIONS
-
-
TERMS
OF
OFFICE.
(1)
On
an
the
election
date
as
41
provided
for
in
section
34
-
106(1)
(a)
,
Idaho
Code,
in
May
of
the
first
odd
-
42
numbered
year
after
the
organization
of
any
district,
and
every
second
year
43
thereafter,
an
election
shall
be
held,
which
shall
be
known
as
the
biennial
44
election
of
the
district.
45
(2)
At
the
first
biennial
election
in
any
district
hereafter
organized,
46
and
each
sixth
year
thereafter,
there
shall
be
elected
by
the
qualified
elec
-
47
tors
of
the
district,
one
(1)
member
of
the
board
to
serve
for
a
term
of
six
48
(6)
years;
at
the
second
biennial
election
and
each
sixth
year
thereafter,
49
9
there
shall
be
elected
two
(2)
members
of
the
board
to
serve
for
terms
of
six
1
(6)
years,
and
at
the
third
biennial
election,
and
each
sixth
year
there
-
2
after,
there
shall
be
elected
two
(2)
members
of
the
board
to
serve
for
terms
3
of
six
(6)
years.
Provided,
a
member
of
the
board
once
in
office
shall
serve
4
until
his
successor
is
elected,
qualified
and
takes
office.
5
(3)
Nominations
may
be
filed
during
the
time
period
provided
in
section
6
34
-
1404,
Idaho
Code.
The
county
clerk
shall
provide
for
holding
such
elec
-
7
tion
and
shall
appoint
judges
to
conduct
it.
The
county
clerk
shall
give
no
-
8
tice
of
election
by
publication,
and
shall
arrange
such
other
details
in
con
-
9
nection
therewith.
Adequate
polling
places
shall
be
provided
throughout
the
10
district
boundaries
for
all
elections.
1
1
(4)
The
returns
of
the
election
shall
be
certified
to
and
shall
be
12
canvassed
and
declared
by
the
board
of
county
commissioners
which
shall
13
report
the
results
to
the
district.
The
candidate
or
candidates,
according
14
to
the
number
of
directors
to
be
elected,
receiving
the
most
votes,
shall
15
be
elected.
Any
new
member
of
the
board
shall
qualify
in
the
same
manner
as
16
members
of
the
first
board
qualify.
17
(5)
In
any
election
for
director,
if
after
the
deadline
for
filing
a
18
declaration
of
intent
as
a
write
-
in
candidate
it
appears
that
the
number
of
19
qualified
candidates
who
have
been
nominated
is
equal
to
the
number
of
di
-
20
rectors
to
be
elected,
it
shall
not
be
necessary
for
the
candidates
to
stand
21
for
election
and
the
board
shall
declare
such
candidates
elected
as
direc
-
22
tors
and
the
secretary
of
the
board
shall
immediately
make
and
deliver
to
23
such
persons
certificates
of
election
signed
by
him
and
bearing
the
seal
of
24
the
district.
25
SECTION
14.
An
emergency
existing
therefor,
which
emergency
is
hereby
26
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
27
July
1,
2026.
28