IDAHO ELECTION HANDBOOK - Idaho Secretary Of State

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IDAHOELECTIONHANDBOOKPrepared Under the Authority ofLawerence DenneySecretary of StateIdaho

TABLE OF CONTENTSRev.PageDate2017 Election Calendar .i. 7/172018 Election Calendar . ix. 7/17Federal & State Candidate Filing Requirements. xxi. 7/17County Candidate Filing Requirements. xxv. 7/17SECTION I - CONSTITUTIONAL AND STATUTORY REFERENCESSuffrage & Elections Art. VI, Sec. 1 thru 7, Idaho State Constitution. A-1. 11/13Title 34 - ElectionsChapter 1: Definitions. B1-1. 7/17Chapter 2: Duties of Officers. B2-1. 7/17Chapter 3: Election Precincts and Judges. B3-1. 11/13Chapter 4: Voters - Privileges - Qualifications and and Registration. B4-1. 7/17Chapter 5: Political Parties - Organizations. B5-1. 11/13Chapter 6: Time of Elections - Officers Elected. B6-1. 7/17Chapter 7: Nominations - Conventions - Primary Elections. B7-1. 7/17Chapter 8: Repealed. B8-1. 11/13Chapter 9: Ballots. B9-1. 7/17Chapter 10: Absentee Voting. B10-1. 7/17Chapter 11: Conduct of Elections. B11-1. 7/17Chapter 12: Canvass of Votes. B12-1. 7/17Chapter 13: Repealed. B13-1. 11/13Chapter 14: Uniform District Election Law. B14-1. 7/14Chapter 15: Presidential Electors. B15-1. 11/13Chapter 16: Repealed. B16-1. 11/13Chapter 17: Recall Elections. B17-1. 11/13Chapter 18: Initiative and Referendum Elections. B18-1. 7/17Chapter 19: Congressional Districts. B19-1. 11/13Chapter 20: Election Contests Other Than Legislative and State Executive Offices. B20-1. 11/13Chapter 21: Election Contests - Legislative and State Executive Offices. B21-1. 7/17Chapter 22: Constitutional Convention. B22-1. 11/13Chapter 23: Recount of Ballots. B23-1. 7/17Chapter 24: Voting by Machine or Vote Tally System. B24-1. 7/17Chapter 25: Repealed. B25-1. 11/13Title 34 - Index.C-1. 7/17Title 1 - Court and Court OfficialsChapter 22: Magistrate Division of the District Court.D-1. 7/17Chapter 24: Court of Appeals.D-3. 7/17Title 18 - Crimes and PunishmentsChapter 3: Nature and Extent of Punishment. E-1. 7/17Chapter 23: Elections. E-3. 7/17Title 31 - Counties and County LawChapter 7: Board of County Commissioners. F-1. 11/13Chapter 8: Powers and Duties of Board of Commissioners. F-3. 11/13Chapter 19: County Bond Issues. F-4. 11/13Chapter 20: County Officers in General. F-4. 11/13Title 59 - Public Officers in GeneralChapter 4: Oath of Office.G-1. 7/17

Rev.PageDateTitle 59 - Cont'dChapter 9: Resignations and Vacancies.G-2. 11/13Title 67 - State Government and State AffairsChapter 9: Secretary of State.H-1. 11/13Title 74 - Transparent and Ethical GovernmentChapter 1: Public Records Act. I-1. 7/17SECTION II - SECRETARY OF STATE DIRECTIVES & GUIDELINESReferendum Petition Timeline.J-1. 7/17Printing Absentee Ballots.J-3. 7/17Ballot Rotation Directive.J-5. 7/17Preservation of Absentee Ballots.J-13. 7/17Cancellation of Registration for Not Voting.J-15. 7/17Challengers and Watchers Directive.J-17. 7/17Challengers.J-19. 7/17Watchers.J-21. 7/17Students and Voting Residency.J-23. 7/17Use of Stickers by Write-in Candidates.J-29. 7/17Employment Coverage Threshold for Election Workers.J-33. 7/17Guidelines for Incumbent Termination while in office.J-37. 7/17Exemption From Polling Place Accessibility.J-39. 7/17Request for a Polling Place Exemption.J-41. 7/17Guidelines for Polling Place Accessibility.J-42. 7/17Ballot Inspection Process - Directive.J-53. 7/17Ballot Inspection Process – What is to be counted as a vote?.J-55. 7/17SECTION III - MISCELLANEOUSRecall Outline . K-1. 7/17Recall Instruction Sheet . K-7. 7/17Sample Forms for County Recall . K-9. 7/17Federal Laws Pertaining to Registration, Voting, and Public Employee Participation. K-13. 7/17Sample Recall Petition Sheet. K-11. 7/17Issues That Are Not Directly A Matter of Federal Law. K-15. 7/17Voting Equipment Certified & Used in Idaho. K-17. 7/17

ELECTION CONSOLIDATION CALENDARThis edition of the 2017 Election Calendar may be updated due to changes made during the 2017 session ofthe Idaho Legislature. Last updated July 2016.December 2016County Clerk publishes the election calendar for 2017. (Sec. 34-1405, Idaho Code)January 23Last day to certify the wording to the County Clerk for a bond or levyelection by a school district or a recall election by any political subdivision which isordered for the March 14 election. (Sec. 34-106, Idaho Code)January 27Last day for the County Clerk to submit a request to the Secretary of State for amodification of election procedures for joint districts for the March 14 election. (Sec.34-1413, Idaho Code)February 2Last day for the Secretary of State to approve requested modification of electionprocedures for joint districts for the March 14 election. (Sec. 34-1413, Idaho Code)February 10County Clerk to appoint election personnel for the March 14 election.February 10County Clerk to mail absentee ballots for the March 14 election to voters who requestedabsentee ballots.February 12(Sunday)Last day for County Commissioners to designate polling places prior to March 14election. (Sec. 34-302, Idaho Code)February 17Last day to pre-register to vote with the County Clerk until 5:00 p.m. for the March 14election. Registration closes in those districts holding a March 14 election. ElectionDay Registration is available. (Sec. 34-408, Idaho Code)February 18-28County Clerk to mail ballots for the March 14 election to voters in designated Mail(Saturday-Tuesday) Ballot Precincts. (Sec. 34-308, Idaho Code)February 27Last day to begin Early Voting at the Early Voting Polling Place for the March 14election for those counties who elect to conduct Early Voting. (Sec. 34-1012, IdahoCode)March 2First notice of election is published for the March 14 election by the County Clerk inthe official newspaper(s) of the county. (Sec. 34-602 and 34-1406, Idaho Code)March 2Last day for the County Clerk to receive written requests for the purpose of authorizingpersons to act as challengers at the polling place for the March 14 election. (Sec. 34304, Idaho Code)March 3Last day for an application for a mail-in absentee ballot to be received by the CountyClerk not later than 5:00 p.m. for the March 14 election. (Sec. 34-1002, Idaho Code)March 3-10County Clerk publishes the notice of candidate filing deadline for the May 16 electionduring this week in the official newspaper(s) of the political subdivision. (Sec. 34-1405,Idaho Code)i7/17

March 9Second notice of election for the March 14 election is published by the County Clerk inthe official newspaper(s) of the county. Facsimile sample ballot published at this time.Published in at least two newspapers within the county, if possible. (Sec. 34-602, 341406, and 34-2425, Idaho Code and Secretary of State Directive)March 10Last day for in-person absentee voting until 5:00 p.m. for the March 14 election at theabsent elector’s polling place. (Sec. 34-1002, Idaho Code)March 10Last day for Early Voting until 5:00 p.m. for the March 14 election at the Early Votingpolling place. (Sec. 34-1012, Idaho Code)March 14Last day to return absentee ballots to the County Clerk’s Elections Office by 8:00 p.m.for the March 14 election. (Sec. 34-1005, Idaho Code)March 14Election 8:00 a.m. to 8:00 p.m. (*) At Clerk’s option, polling places may be opened at7:00 a.m. (Sec. 34-106 and 34-1101, Idaho Code)March 14County Clerk’s office to remain open 8:00 a.m. to 8:00 p.m., if the county is holding anelection. (Sec. 34-211, Idaho Code)March 15Registration reopens. (Sec. 34-408, Idaho Code)March 17Last day for filing declarations of candidacy until 5:00 p.m. for candidates for theMay 16 election with the clerk of the political subdivision. This filing is for politicalsubdivision candidates. (Sec. 34-1404, Idaho Code)March 24Last day for the Board of County Commissioners to meet and canvass the vote for theMarch 14 election. (Sec. 34-1410, Idaho Code)March 24County Clerk to certify election results to the political subdivisions for the March 14election. This date depends upon the date the County Board of Canvassers meets. Theresults should be certified to the political subdivision(s) immediately after the CountyCanvassers meet. (Sec. 34-1410, Idaho Code)March 24Last day for the clerk of the political subdivision to certify the nominees to be placedon the ballot of the political subdivision for the May 16 election. (Sec. 34-1404, IdahoCode)March 27Last day for a political subdivision to certify the wording to the County Clerk for abond, levy, initiative, referendum, recall or any other ballot question ordered for theMay 16 election. (Sec. 34-106, Idaho Code)March 31Last day for the County Clerk to submit a request to the Secretary of State for amodification of election procedures for joint districts for the May 16 election. (Sec. 341413, Idaho Code)April 1(Saturday)Last day declaration of intent to be filed by a write-in candidate with the clerk of thedistrict for the May 16 election. This filing is for political subdivision candidates. (Sec.34-1407, Idaho Code)7/17ii

April 1(Saturday)Last day a candidate for the May 16 election to withdraw before the May 16 election.(Sec. 34-1405A, Idaho Code)April 6Last day for the Secretary of State to approve requested modification of electionprocedures for joint districts for the May 16 election. (Sec. 34-1413, Idaho Code)April 13Last day for a supporter or opponent of a ballot measure which appeared on the March14 election to request a recount with the County Clerk. This date is dependent uponwhen the County canvasses the election results (i.e. 20 days from canvass). (Sec. 342301, Idaho Code)April 13Last day for an elector to contest the March 14 election by filing in the proper court.This date is dependent upon when the County canvasses the election results (i.e. 20days from canvass). (Sec. 34-2008, Idaho Code)April 14County Clerk to mail absentee ballots for the May 16 election to voters who requestedabsentee ballots.April 14County Clerk to appoint election personnel for the May 16 election.April 16(Sunday)Last day for County Commissioners to designate polling places prior to the May 16election. (Sec. 34-302, Idaho Code)April 21Last day to pre-register to vote with the County Clerk until 5:00 p.m. for the May 16election. Registration closes in those districts holding a May 16 election. Election DayRegistration is available. (Sec. 34-408, Idaho Code)April 22 - May 2 County Clerk to mail ballots for the May 16 election to voters in designated Mail Ballot(Saturday-Tuesday) Precincts. (Sec. 34-308, Idaho Code)May 1Last day to begin Early Voting at the Early Voting Polling Place for the May 16 electionfor those counties who elect to conduct Early Voting. (Sec. 34-1012, Idaho Code)May 4First notice of election is published for the May 16 election by the County Clerk in theofficial newspaper(s) of the county. Published in at least two newspapers within thecounty, if possible. (Sec. 34-602 and 34-1406, Idaho Code)May 4Last day for the County Clerk to receive written requests for the purpose of authorizingpersons to act as watchers and challengers at the polling place for the May 16 election.(Sec. 34-304, Idaho Code)May 5Last day for an application for a mail-in absentee ballot to be received by the CountyClerk not later than 5:00 p.m. for the May 16 election. (Sec. 34-1002, Idaho Code)May 11Second notice of election for the May 16 election is published by the County Clerk inthe official newspaper(s) of the county. Facsimile sample ballot published at this time.Published in at least two newspapers within the county, if possible. (Sec. 34-602, 341406, and 34-2425, Idaho Code and Secretary of State Directive)iii7/17

May 12Last day for in-person absentee voting until 5:00 p.m. for the May 16 election at theabsent elector’s polling place. (Sec. 34-1002, Idaho Code)May 12Last day for Early Voting until 5:00 p.m. for the May 16 election at the Early Votingpolling place. (Sec. 34-1012, Idaho Code)May 13(Saturday)Last day for the County Clerk to examine election register and note challenges from theMarch 14 election. (Sec. 34-432, Idaho Code)May 16Last day to return absentee ballots to the County Clerk’s Elections Office by 8:00 p.m.for the May 16 election. (Sec. 34-1005, Idaho Code)May 16Election 8:00 a.m. to 8:00 p.m. (*) At Clerk’s option, polling places may be opened at7:00 a.m. (Sec. 34-106 and 34-1101, Idaho Code)May 16County Clerk’s office to remain open 8:00 a.m. to 8:00 p.m., if the county is holding anelection. (Sec. 34-211, Idaho Code)May 17Registration reopens. (Sec. 34-408, Idaho Code)May 26Last day for the Board of County Commissioners to meet and canvass the vote for theMay 16 election. (Sec. 34-1410, Idaho Code)May 26County Clerk to certify election results to the political subdivisions for the May 16election. This date depends upon the date the County Board of Canvassers meets. Theresults should be certified to the political subdivision(s) immediately after the CountyCanvassers meet. (Sec. 34-1410, Idaho Code)May 30Clerk of the political subdivision issues certificates of election for the May 16 election.(Sec. 34-1410, Idaho Code)June 15Last day for a candidate or a supporter or opponent of a ballot measure which appearedon the May 16 election to request a recount with the County Clerk. This date isdependent upon when the County canvasses the election results (i.e. 20 days fromcanvass). (Sec. 34-2301, Idaho Code)June 15Last day for an elector to contest the May 16 election by filing in the proper court. Thisdate is dependent upon when the County canvasses the election results (i.e. 20 daysfrom canvass). (Sec. 34-2008, Idaho Code)July 10Last day to certify the wording to the County Clerk for a bond or levy election by aschool district or a recall election by any political subdivision which is ordered for theAugust 29 election. (Sec. 34-106, Idaho Code)July 14Last day for the County Clerk to submit a request to the Secretary of State for amodification of election procedures for political subdivision for the August 29 election.(Sec. 34-1413, Idaho Code)July 15(Saturday)Last day for the County Clerk to examine election register and note challenges from theMay 16 election. (Sec. 34-432, Idaho Code)7/17iv

July 20Last day for the Secretary of State to approve requested modification of electionprocedures for political subdivision for the August 29 election. (Sec. 34-1413, IdahoCode)July 28County Clerk to appoint election personnel for the August 29 election.July 28County Clerk to mail absentee ballots for the August 29 election to voters whorequested absentee ballots.July 30(Sunday)Last day for County Commissioners to designate polling places prior to the August 29election. (Sec. 34-302, Idaho Code)August 4Last day to pre-register to vote with the County Clerk until 5:00 p.m. for the August 29election. Registration closes in those districts holding an August 29 election. ElectionDay Registration is available. (Sec. 34-408, Idaho Code)August 5-15County Clerk to mail ballots for the August 29 election to voters in designated Mail(Saturday-Tuesday) Ballot Precincts. (Sec. 34-308, Idaho Code)August 14Last day to begin Early Voting at the Early Voting Polling Place for the August 29election for those counties who elect to conduct Early Voting. (Sec. 34-1012, IdahoCode)August 17First notice of election is published for the August 29 election by the County Clerk inthe official newspaper(s) of the county. (Sec. 34-602 and 34-1406, Idaho Code)August 17Last day for the County Clerk to receive written requests for the purpose of authorizingpersons to act as challengers at the polling place for the August 29 election. (Sec. 34304, Idaho Code)August 18Last day for an application for a mail-in absentee ballot to be received by the CountyClerk not later than 5:00 p.m. for the August 29 election. (Sec. 34-1002, Idaho Code)August 24Second notice of election for the August 29 election is published by the County Clerk inthe official newspaper(s) of the county. Facsimile sample ballot published at this time.Published in at least two newspapers within the county, if possible. (Sec. 34-602, 341406, and 34-2425, Idaho Code and Secretary of State Directive)August 25Last day for in-person absentee voting until 5:00 p.m. for the August 29 election at theabsent elector’s polling place. (Sec. 34-1002, Idaho Code)August 25Last day for Early Voting until 5:00 p.m. for the August 29 election at the Early Votingpolling place. (Sec. 34-1012, Idaho Code)August 25September 1COUNTY CLERK publishes notice of candidate filing deadline for theNovember 7 election during this week in the official newspaper(s) of the politicalsubdivision. (Sec. 34-1405, Idaho Code)v7/17

August 25September 1CITY CLERK to publish notice of candidate filing deadline for the November 7election during this week in the official newspaper(s) of the city. (Sec. 50-411, IdahoCode)August 28First day to file beginning at 8 a.m. as a candidate for the CITY ELECTION to be heldon November 7. Filing is with the CITY CLERK. (Sec. 50-410, Idaho Code)August 29Last day to return absentee ballots to the County Clerk’s Elections Office by 8:00 p.m.for the August 29 election. (Sec. 34-1005, Idaho Code)August 29Election 8:00 a.m. to 8:00 p.m. (*) At Clerk’s option, polling places may be opened at7:00 a.m. (Sec. 34-106 and 34-1101, Idaho Code)August 29County Clerk’s office to remain open 8:00 a.m. to 8:00 p.m., if county is holding anelection. (Sec. 34-211, Idaho Code)August 30Registration reopens. (Sec. 34-408, Idaho Code)September 8Last day for the Board of County Commissioners to meet and canvass the vote for theAugust 29 election. (Sec. 34-1410, Idaho Code)September 8County Clerk to certify election results to the political subdivisions for the August 29election. This date depends upon the date the County Board of Canvassers meets. Theresults should be certified to the political subdivision(s) immediately after the CountyCanvassers meet. (Sec. 34-1410, Idaho Code)September 8Last day to file until 5:00 p.m. as a candidate for the CITY ELECTION to be held onNovember 7. Filing is with the CITY CLERK. (Sec. 50-410, Idaho Code)September 8Last day for filing declarations of candidacy until 5:00 p.m. for candidates for theNovember 7 election with the clerk of the political subdivision. This filing is forpolitical subdivision candidates. (Sec. 34-1404, Idaho Code)September 15Last day for the clerk of the political subdivision to certify the nominees to be placed onthe ballot of the political subdivision for the November 7 election. (Sec. 34-1404, IdahoCode)September 18Last day for a political subdivision to certify the wording to the County Clerk for abond, levy, initiative, referendum, recall or any other ballot question ordered for theNovember 7 election. (Sec. 34-106, Idaho Code)September 22Last day for the County Clerk to submit a request to the Secretary of State for amodification of election procedures for political subdivision for the November 7election. (Sec. 34-1413, Idaho Code)September 23(Saturday)Last day declaration of intent to be filed by a write-in candidate with the clerk of thepolitical subdivision for the November 7 election. This filing is for political subdivisioncandidates. (Sec. 34-1407, Idaho Code)7/17vi

September 23(Saturday)Last day a candidate for the November 7 election to withdraw before the November 7election. (Sec. 34-1405A, Idaho Code)September 28Last day for the Secretary of State to approve requested modification of electionprocedures for political subdivision for the November 7 election. (Sec. 34-1413, IdahoCode)September 28Last day for a supporter or opponent of a ballot measure which appeared on the August29 election to request a recount with the County Clerk. This date is dependent uponwhen the County canvasses the election results (i.e. 20 days from canvass). (Sec. 342301, Idaho Code)September 28Last day for an elector to contest the August 29 election by filing in the proper court.This date is dependent upon when the County canvasses the election results (i.e. 20days from canvass). (Sec. 34-2008, Idaho Code)October 6County Clerk to appoint election personnel for the November 7 election.October 6County Clerk to mail absentee ballots for the November 7 election to voters whorequested absentee ballots.October 8(Sunday)Last day for County Commissioners to designate polling places prior to the November7 election. (Sec. 34-302, Idaho Code)October 10Last day declaration of intent to be filed by a write-in candidate with the CITY CLERKfor the November 7 city election. (Sec. 50-410, Idaho Code)October 13Last day to pre-register to vote with the County Clerk until 5:00 p.m. for the November7 election. Registration closes in those districts holding a November 7 election. ElectionDay Registration is available. (Sec. 34-408, Idaho Code)October 14-24County Clerk to mail ballots for the November 7 election to voters in designated Mail(Saturday-Tuesday) Ballot Precincts. (Sec. 34-308, Idaho Code)October 23Last day to begin Early Voting at the Early Voting Polling Place for the November 7election for those counties who elect to conduct Early Voting. (Sec. 34-1012, IdahoCode)October 26First notice of election is published for the November 7 election by the County Clerk inthe official newspaper(s) of the county. Published in at least two newspapers within thecounty, if possible. (Sec. 34-602 and 34-1406, Idaho Code)October 26Last day for the County Clerk to receive written requests for the purpose of authorizingpersons to act as watchers and challengers at the polling place for the November 7election. (Sec. 34-304, Idaho Code)October 27Last day for an application for a mail-in absentee ballot to be received by the CountyClerk not later than 5:00 p.m. for the November 7 election. (Sec. 34-1002, Idaho Code)vii7/17

October 28(Saturday)Last day for the County Clerk to examine election register and note challenges from theAugust 29 election. (Sec. 34-432, Idaho Code)November 2Second notice of election for the November 7 election is published by the County Clerkin the official newspaper(s) of the county. Facsimile sample ballot published at thistime. Published in at least two newspapers within the county, if possible. (Sec. 34-602,34-1406, and 34-2425, Idaho Code and Secretary of State Directive)November 3Last day for in-person absentee voting until 5:00 p.m. for the November 7 election atthe absent elector’s polling place. (Sec. 34-1002, Idaho Code)November 3Last day for Early Voting until 5:00 p.m. for the November 7 election at the EarlyVoting polling place. (Sec. 34-1012, Idaho Code)November 7Last day to return absentee ballots to the County Clerk’s Elections Office by 8:00 p.m.for the November 7 election. (Sec. 34-1005, Idaho Code)November 7Election 8:00 a.m. to 8:00 p.m. (*) At Clerk’s option, polling places may be opened at7:00 a.m. (Sec. 34-106 and 34-1101, Idaho Code)November 7County Clerk’s office to remain open 8:00 a.m. to 8:00 p.m., if the county is holding anelection. (Sec. 34-211, Idaho Code)November 8Registration reopens. (Sec. 34-408, Idaho Code)November 17Last day for the Board of County

This edition of the 2017 Election Calendar may be updated due to changes made during the 2017 session of the Idaho Legislature. Last updated July 2016. December 2016 County Clerk publishes the election calendar for 2017. (Sec. 34-1405, Idaho Code) January 23 Last day to c

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