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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1451
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
ELECTIONS;
AMENDING
SECTION
34
-
1203,
IDAHO
CODE,
TO
REVISE
PRO
-
2
VISIONS
REGARDING
THE
COUNTING
OF
BALLOTS;
AMENDING
SECTION
34
-
1203A,
3
IDAHO
CODE,
TO
ESTABLISH
A
PROVISION
REGARDING
POSTELECTION
AUDIT
OF
4
SELECTED
BALLOTS;
AMENDING
SECTION
34
-
2313,
IDAHO
CODE,
TO
ESTABLISH
A
5
PROVISION
REGARDING
RECOUNT
PROCEDURES
FOR
AUTOMATED
TABULATION
SYS
-
6
TEMS;
AND
DECLARING
AN
EMERGENCY.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
34
-
1203,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
34
-
1203.
COUNTING
OF
BALLOTS
-
-
CERTIFICATES
OF
JUDGES
-
-
BALLOT
ADJU
-
1
1
DICATION
.
(1)
The
ballots
and
polls
lists
agreeing,
the
election
personnel
12
shall
then
proceed
to
tally
the
votes
cast.
Under
each
office
title,
the
num
-
13
ber
of
votes
for
each
candidate
and
such
other
information
required
by
the
14
secretary
of
state
shall
be
entered
in
the
tally
books
together
with
the
to
-
15
tal
of
the
above
figures
in
the
manner
prescribed
by
the
secretary
of
state.
16
Any
ballot
or
part
of
a
ballot
from
which
it
is
impossible
to
determine
the
17
elector's
choice
shall
be
void
and
shall
not
be
counted.
When
a
ballot
is
18
sufficiently
plain
to
determine
therefrom
a
part
of
the
voter's
intention,
19
it
shall
be
the
duty
of
the
judges
to
count
such
part.
20
(2)
Following
the
counting,
the
judges
must
transmit
a
copy
of
the
re
-
21
sults
to
the
county
clerk.
22
(3)(a)
For
any
election
in
which
at
least
one
(1)
office
election
or
23
ballot
question
in
the
county
occurs
in
both
time
zones
in
Idaho,
the
24
county
clerk
shall
release
no
election
results
to
the
public
until
all
25
voting
places
in
the
state
have
closed
on
election
day.
26
(b)
If
no
office
election
or
ballot
question
in
the
county
occurs
in
27
both
time
zones
in
Idaho,
the
county
clerk
may
release
the
election
re
-
28
sults
to
the
public
at
any
time
after
all
voting
places
in
the
county
29
have
closed
on
election
day.
30
(4)
The
secretary
of
state
shall
issue
directives
or
promulgate
admin
-
31
istrative
rules
adopting
standards
that
define
what
constitutes
a
vote
and
32
what
will
be
counted
as
a
vote
for
each
category
of
voting
system
used
in
this
33
state.
34
(5)
Each
voter
at
a
polling
place
shall
have
the
ability
to
adjudicate
35
such
voter's
ballot
in
the
case
of
an
overvote.
When
using
a
vote
tally
sys
-
36
tem
pursuant
to
chapter
24,
title
34,
Idaho
Code,
to
process
and
tabulate
37
marked
paper
ballots,
if
a
ballot
is
found
to
have
an
overvote,
that
bal
-
38
lot
shall
be
reviewed
and
adjudicated
as
if
it
were
counted
by
hand
for
that
39
race
or
question
for
which
the
ballot
was
cast.
The
county
clerk
shall
apply
40
the
same
standards
adopted
by
the
secretary
of
state
for
the
hand
counting
41
of
overvotes
when
counting
overvotes
processed
by
a
vote
tally
system's
tab
-
42
2
ulation
of
ballots.
After
each
ballot
with
an
overvote
is
reviewed
and
ad
-
1
judicated,
if
it
is
necessary
to
execute
the
voter's
intent,
a
clerk
may
use
2
the
vote
tally
system's
adjudication
software
process
to
correct
the
over
-
3
vote
to
reflect
the
voter's
intent,
or
a
duplicate
ballot
shall
be
produced
4
to
reflect
the
voter's
intent
and
processed
through
the
vote
tally
system
for
5
counting
and
tabulation.
The
original
ballot
shall
be
preserved
with
appro
-
6
priate
notation.
7
SECTION
2.
That
Section
34
-
1203A,
Idaho
Code,
be,
and
the
same
is
hereby
8
amended
to
read
as
follows:
9
34
-
1203A.
POSTELECTION
AUDIT
OF
SELECTED
BALLOTS.
10
(1)(a)
After
the
completion
of
all
county
canvasses
for
any
primary
1
1
or
general
election,
the
secretary
of
state
shall
identify
and
order
a
12
postelection
audit
of
certain
paper
ballots
cast
in
any
election,
shall
13
immediately
post
to
the
website
of
the
office
of
the
secretary
of
state
a
14
list
of
the
elections,
counties,
and
precincts
selected
for
audit,
and
15
shall
immediately
notify
each
affected
county
clerk
and
county
sheriff
16
of
the
same.
Upon
receiving
such
notification,
the
county
sheriff
shall
17
immediately
impound
and
take
into
custody
the
affected
ballots
pursuant
18
to
the
procedures
in
chapter
23,
title
34,
Idaho
Code.
Upon
completion
19
of
the
postelection
audit,
the
ballots
shall
be
resealed
and
returned
20
to
the
custody
of
the
county
clerk
or,
in
the
event
that
the
ballots
are
21
subject
to
a
recount
pursuant
to
chapter
23,
title
34,
Idaho
Code,
to
the
22
county
sheriff.
The
postelection
audit
shall
include,
at
a
minimum,
a
23
hand
recount
of
the
ballots
subject
to
the
audit
and
a
comparison
to
the
24
results
reported
by
the
county
for
any
precincts,
days,
batches,
leg
-
25
islative
districts,
and
tabulation
machines
selected
for
audit.
26
(b)
A
postelection
audit
authorized
pursuant
to
paragraph
(a)
of
this
27
subsection
may
be
ordered
for:
28
(i)
Any
or
all
federal
elections
held
in
Idaho;
29
(ii)
The
election
for
governor;
30
(iii)
The
statewide
office
election
having
the
narrowest
percent
-
31
age
margin
of
votes;
32
(iv)
The
statewide
ballot
question
election
having
the
narrowest
33
percentage
margin
of
votes;
and
34
(v)
One
(1)
legislative
office
election
within
the
county.
35
(c)
The
precincts
selected
for
audit
pursuant
to
paragraph
(a)
of
this
36
subsection
shall:
37
(i)
Be
selected
by
lot
by
the
secretary
of
state
without
the
use
of
38
a
computer
at
an
open
public
meeting
governed
by
the
provisions
of
39
chapter
2,
title
74,
Idaho
Code;
and
40
(ii)
Not
exceed
five
percent
(5%)
of
the
precincts
in
the
county
or
41
one
(1)
precinct,
whichever
is
greater.
Provided,
however,
that
42
multiple
precincts
may
be
selected
in
any
county
if
the
number
of
43
ballots
from
the
precincts
so
selected
is
less
than
two
thousand
44
one
hundred
(2,100).
45
(d)
The
secretary
of
state,
in
lieu
of
auditing
the
early
or
absentee
46
ballots
from
any
precincts
selected
for
postelection
audit,
may
se
-
47
lect
days,
batches,
legislative
districts,
and
tabulation
machines
of
48
early
or
absentee
ballots
for
audit
until
the
number
of
ballots
selected
49
3
equals
or
exceeds
the
number
of
early
or
absentee
ballots
that
were
1
cast
from
the
precincts
selected
for
postelection
audit.
Such
days,
2
batches,
legislative
districts,
and
tabulation
machines
shall
be
se
-
3
lected
under
the
same
requirements
by
which
precincts
were
selected.
4
The
provisions
of
this
paragraph
apply
only
to
a
county
that:
5
(i)
Does
not
organize
the
storage
of
its
early
or
absentee
ballots
6
by
precinct;
7
(ii)
Organizes
the
storage
of
such
ballots
by
day,
batch,
legisla
-
8
tive
district,
or
tabulation
machine;
and
9
(iii)
Publicly
reports
the
election
results
for
early
or
absen
-
10
tee
ballots
by
day,
batch,
legislative
district,
or
tabulation
ma
-
1
1
chine
on
the
county's
website
prior
to
the
secretary
of
state's
se
-
12
lection
of
precincts
to
be
audited.
13
(2)
The
secretary
of
state
shall
conduct,
and
the
county
clerks
shall
14
facilitate,
any
postelection
audit
ordered
pursuant
to
subsection
(1)
of
15
this
section.
Such
an
audit
shall
be
open
to
attendance
by
news
media
person
-
16
nel.
By
directive
issued
at
least
sixty
(60)
days
prior
to
the
election,
the
17
secretary
of
state
shall
determine
the
procedures
by
which
the
postelection
18
audit
is
to
be
conducted.
Such
procedures
shall
be
developed
in
consultation
19
with
county
clerks
and
shall
include
provisions
allowing
each
interested
20
candidate
and
political
party,
and
each
political
committee
that
publicly
21
reported
expending
money
on
a
ballot
question
for
which
the
results
will
be
22
audited,
to
appoint
a
designated
observer.
Within
the
time
specified
in
the
23
directive,
the
secretary
of
state
shall
report
the
results
of
any
postelec
-
24
tion
audits
on
the
website
of
the
office
of
the
secretary
of
state
and
to
the
25
county
clerk
of
each
county
in
which
paper
ballots
were
audited.
26
(3)
The
secretary
of
state
may
order
additional
postelection
audits,
27
without
regard
to
the
election
or
precinct
limitations
provided
in
subsec
-
28
tion
(1)
of
this
section,
if
he
determines
that
such
action
is
warranted
by
29
the
findings
of
the
audits
ordered
pursuant
to
subsection
(1)
of
this
sec
-
30
tion.
The
secretary
of
state
shall
limit
such
orders
for
additional
post
-
31
election
audits
to
the
types
of
problems
identified
by
the
audits
performed
32
pursuant
to
subsection
(1)
of
this
section.
33
(4)
The
office
of
the
secretary
of
state
shall
pay
for
the
cost
of
any
34
postelection
audits
conducted
pursuant
to
this
section,
including
reimburs
-
35
ing
county
clerks
for
any
costs
associated
with
facilitating
such
audits.
36
(5)
For
all
ballots
that
are
cast
using
a
voting
machine
as
defined
in
37
section
34
-
2401,
Idaho
Code,
whether
during
early
voting
or
on
election
day,
38
that
have
overvotes
or
undervotes,
such
ballots
shall
remain
unchanged
for
39
recount
purposes.
40
SECTION
3.
That
Section
34
-
2313,
Idaho
Code,
be,
and
the
same
is
hereby
41
amended
to
read
as
follows:
42
34
-
2313.
RECOUNT
PROCEDURES
FOR
AUTOMATED
TABULATION
SYSTEMS.
(1)
To
43
ensure
the
accuracy
of
automated
vote
tabulation
systems,
the
county
clerk
44
shall
follow
the
recount
procedures
provided
in
this
section.
45
(2)
The
votes
from
a
random
selection
of
ballots
shall
be
tallied
by
46
hand
and
the
votes
from
the
same
ballots
shall
be
tabulated
by
an
electronic
47
ballot
tabulating
system.
For
statewide
and
federal
office
or
a
statewide
48
measure,
the
number
of
ballots
to
be
tallied
and
tabulated
shall
be
equal
to
49
4
at
least
two
(2)
precincts
of
the
ballots
cast
in
each
county.
For
all
other
1
offices
or
measures,
the
number
of
ballots
to
be
tallied
and
tabulated
shall
2
be
equal
to
the
greater
of
one
hundred
(100)
or
five
percent
(5%)
of
the
bal
-
3
lots
cast
for
the
office
or
measure,
distributed
by
county
where
applicable.
4
(3)
For
a
statewide
or
federal
office
or
a
statewide
measure,
if
the
5
results
of
the
hand
-
tally
and
the
automated
vote
tally
system
tabulation
6
within
the
county
differ
by
one
-
fourth
of
one
percent
(.25%)
or
less,
the
re
-
7
maining
ballots
shall
be
recounted
using
automated
vote
tabulating
systems.
8
Otherwise,
the
remaining
ballots
shall
be
recounted
by
hand.
9
(4)
For
other
offices
and
ballot
measures,
if
the
results
of
the
hand
-
10
tally
and
electronic
vote
tabulating
system
tabulation
differ
by
less
than
1
1
one
percent
(1%),
or
two
(2)
votes,
whichever
is
greater,
the
remaining
bal
-
12
lots
shall
be
recounted
using
automated
vote
tabulating
systems.
Otherwise,
13
the
remaining
ballots
shall
be
recounted
by
hand.
14
(5)
For
all
ballots
that
are
cast
using
a
voting
machine
as
defined
in
15
section
34
-
2401,
Idaho
Code,
whether
during
early
voting
or
on
election
day,
16
that
have
overvotes
or
undervotes,
such
ballots
shall
remain
unchanged
for
17
recount
purposes.
18
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
19
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
20
passage
and
approval.
21