HOUSEBILLNO.692 BYSTATEAFFAIRSCOMMITTEE INTHEHOUSEOFREPRESENTATIVES 2 ...

[Pages:20]LEGISLATURE OF THE STATE OF IDAHO

Sixty-sixth Legislature

Second Regular Session - 2022

IN THE HOUSE OF REPRESENTATIVES

HOUSE BILL NO. 692

BY STATE AFFAIRS COMMITTEE

1

AN ACT

2 RELATING TO ELECTIONS; AMENDING SECTION 34-217, IDAHO CODE, TO REVISE PROVI-

3

SIONS REGARDING RETENTION OF COUNTY ELECTION RECORDS; AMENDING SECTION

4

34-408A, IDAHO CODE, TO REVISE PROVISIONS REGARDING ELECTION DAY REG-

5

ISTRATION; AMENDING SECTION 34-409, IDAHO CODE, TO REVISE PROVISIONS

6

REGARDING ELECTRONIC VOTER REGISTRATION; AMENDING SECTION 34-410,

7

IDAHO CODE, TO REVISE PROVISIONS REGARDING VOTER REGISTRATION BY MAIL;

8

AMENDING SECTION 34-410A, IDAHO CODE, TO REVISE PROVISIONS REGARDING

9

FEDERAL ABSENTEE REGISTRATION FORMS; AMENDING SECTION 34-411, IDAHO

10

CODE, TO REVISE PROVISIONS REGARDING VOTER REGISTRATION INFORMATION;

11

AMENDING CHAPTER 4, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SEC-

12

TION 34-421, IDAHO CODE, TO ESTABLISH THE ELECTION INTEGRITY FUND;

13

AMENDING SECTION 34-1106, IDAHO CODE, TO REVISE PROVISIONS REGARDING

14

DELIVERY OF BALLOTS TO ELECTORS AND TO MAKE A TECHNICAL CORRECTION;

15

AMENDING SECTION 34-1113, IDAHO CODE, TO REVISE PROVISIONS REGARDING

16

VOTER IDENTIFICATION REQUIRED AT THE POLLS; AMENDING SECTION 49-306,

17

IDAHO CODE, TO PROVIDE FOR UNITED STATES CITIZENSHIP; AMENDING SECTION

18

49-315, IDAHO CODE, TO PROVIDE FOR UNITED STATES CITIZENSHIP AND TO

19

MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-321, IDAHO CODE, TO

20

PROVIDE FOR PROOF OF UNITED STATES CITIZENSHIP AND TO MAKE A TECHNICAL

21

CORRECTION; AMENDING SECTION 49-2444, IDAHO CODE, TO PROVIDE FOR UNITED

22

STATES CITIZENSHIP STATUS AND TO MAKE TECHNICAL CORRECTIONS; PROVIDING

23

SEVERABILITY; AND DECLARING AN EMERGENCY.

24 Be It Enacted by the Legislature of the State of Idaho:

25

SECTION 1. That Section 34-217, Idaho Code, be, and the same is hereby

26 amended to read as follows:

27

34-217. RETENTION OF COUNTY ELECTION RECORDS. County election

28 records shall be maintained by the county clerk for the time periods outlined

29 in this section. Records shall be maintained for the period specified be-

30 ginning with the date the record is created or has become no longer valid,

31 whichever is greater.

32

(1) The following records shall be retained for not less than five (5)

33 years:

34

(a) Voter registration cards for electors whose registration has been

35

terminated;

36

(b) Correspondence relating to an elector's voter registration;

37

(c) Combination election record and poll book, including the ballot ac-

38

counting page;

39

(d) Declaration of candidacy and petition of candidacy forms filed with

40

the county clerk;

41

(e) Maps of precinct boundaries with legal descriptions;

42

(f) List of absentee voters; and

2

1

(g) County initiatives and petitions that qualify for placement on the

2

ballot.

3

(2) The following shall be retained for two (2) years:

4

(a) Completed absentee ballot request forms;

5

(b) Tally books;

6

(c) Voted ballots;

7

(d) Any ballots that were required to be duplicated before being

8

counted;

9

(e) Certified lists of candidates or declaration of candidacy forms

10

from special districts used for ballot preparation;

11

(f) Certified ballot language from special districts for any question

12

placed on the ballot; and

13

(g) Absentee ballot affidavit envelopes, including the indication of

14

the signature's acceptance or rejection.;

15

(3) The following shall be maintained for one (1) year:

16

(ah) Notice of election;

17

(b) Personal identification affidavit;

18

(ci) Ballot tracking logs;

19

(dj) Automated tabulation election logs;

20

(ek) Copy of the election definition and program used in tabulating

21

ballots electronically and in the ballot-marking device; and

22

(fl) Record of the number of ballots printed and furnished to each

23

polling place.

24

(43) Other election supplies, including but not limited to unused bal-

25 lots, official election ballot identification or official ballot stamps,

26 receipts for supplies, and spoiled ballots, may be disposed of sixty (60)

27 days following the deadline for requesting a recount or filing an election

28 contest pursuant to chapters 20 and 21, title 34, Idaho Code.

29

SECTION 2. That Section 34-408A, Idaho Code, be, and the same is hereby

30 amended to read as follows:

31

34-408A. ELECTION DAY REGISTRATION. (1) An individual who is eligible

32 to vote may register on election day by appearing in person at the polling

33 place for the precinct in which the individual maintains residence, by com-

34 pleting a registration application, making an oath in the form prescribed

35 by the secretary of state, and providing proof of identity, residence, and

36 United States citizenship. An individual may prove residence provide such

37 proof for purposes of registering by: showing one (1) photo identification

38 document, one (1) address verification document, and one (1) proof of United

39 States citizenship document.

40

(a) Acceptable photo identification documents are:

41

(1) Showing an (i) A current Idaho driver's license or Idaho iden-

42

tification card issued through the Idaho transportation depart-

43

ment of transportation; or

44

(ii) A current United States passport;

45

(iii) A current active United States military identification

46

card;

47

(iv) A current tribal identification card issued by a federally

48

recognized Indian tribe as defined in section 67-4001, Idaho Code,

49

that displays the individual's date of birth; or

3

1

(v) A current Idaho license to carry concealed weapons that dis-

2

plays the individual's date of birth and physical address located

3

in Idaho.

4

(b) Acceptable address verification documents must display the indi-

5

vidual's current address and a date that is at least thirty (30) days

6

prior to the date of the election. Acceptable address verification doc-

7

uments are:

8

(i) A utility bill, not including a cellular phone bill, that is

9

no more than six (6) months old;

10

(ii) A current residential lease agreement, rental agreement,

11

mortgage statement, or deed of trust;

12

(iii) A W-2 or 1099 federal tax form for the most recent available

13

tax year;

14

(iv) A military leave and earnings statement showing the Idaho

15

residency of an individual on active military duty deployed out-

16

side the state of Idaho; or

17

(v) A government record showing the individual as having paid

18

property taxes at the address within the last year.

19

(c) Acceptable proof of United States citizenship is the original or

20

legible photocopy of:

21

(i) An Idaho driver's license or Idaho identification card is-

22

sued through the Idaho transportation department that shows proof

23

of United States citizenship;

24

(ii) A state driver's license or state identification card issued

25

by the equivalent governmental agency of another state or terri-

26

tory within the United States if the agency indicates on the card

27

that the person has provided satisfactory proof of United States

28

citizenship;

29

(iii) The individual's birth certificate that verifies citizen-

30

ship accompanied by a current photo identification document as set

31

forth in paragraph (a) of this subsection that shows the same name

32

or a document verifying the reason for the name change;

33

(iv) The individual's United States passport identifying the in-

34

dividual and the passport number;

35

(v) The individual's United States naturalization documents; or

36

(vi) The individual's bureau of Indian affairs card, tribal

37

treaty card, or tribal enrollment verification that shows the in-

38

dividual's photo, date of birth, and declaration of United States

39

citizenship.

40

(2) Showing any document which contains a valid address in the precinct

41 together with a picture identification card; or

42

(3) Showing a current valid student photo identification card from

43 a postsecondary educational institution in Idaho accompanied with a cur-

44 rent student fee statement that contains the student's valid address in the

45 precinct. Election day registration provided in this section shall apply to

46 all elections conducted under title 34, Idaho Code, and to school district

47 and municipal elections.

48

(3) An individual who is eligible to vote may also register, upon pro-

49 viding proof of residence, at the "absent electors' polling place" provided

50 in section 34-1006, Idaho Code.

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1

SECTION 3. That Section 34-409, Idaho Code, be, and the same is hereby

2 amended to read as follows:

3

34-409. ELECTRONIC REGISTRATION. (1) The office of the secretary of

4 state may shall create and maintain an electronic system for voter registra-

5 tion that is publicly available on its official website. Any qualified elec-

6 tor who has a current valid driver's license or identification card issued

7 pursuant to title 49, Idaho Code, that reflects the person's current princi-

8 pal place of residence, may register to vote by submitting a completed voter

9 registration application electronically through such website. Electronic

10 voter registration applications shall be submitted before the close of reg-

11 istration as provided in section 34-408, Idaho Code.

12

(2) The electronic voter registration application shall be in a form

13 prescribed by the secretary of state and shall:

14

(a) Require the information under oath or affirmation set forth in sec-

15

tion 34-411, Idaho Code;

16

(b) Include notice of the requirement to provide personal identifi-

17

cation before voting at the polls as set forth in sections 34-1113 and

18

34-1114, Idaho Code; and

19

(c) Require an electronic signature of the applicant.

20

(3) The office of the secretary of state shall obtain a digital copy

21 of the applicant's driver's license or identification card signature from

22 the Idaho transportation department. The Idaho transportation department

23 shall, upon request of the office of the secretary of state, provide a dig-

24 ital copy of the applicant's driver's license or identification card signa-

25 ture.

26

(4) Upon receipt of a completed voter registration application and a

27 digital copy of the applicant's driver's license or identification card sig-

28 nature from the Idaho transportation department, the office of the secre-

29 tary of state shall send the information to the county clerk for the county

30 in which the applicant resides. The county clerk shall prepare and issue to

31 each elector registering electronically a verification of registration con-

32 taining the name and residence of the elector and the name or number of the

33 precinct in which the elector resides. Such verification of registration

34 may shall be sent by nonforwardable first-class first class mail or by elec-

35 tronic mail at the elector's option. If a verification is returned undeliv-

36 erable, then the county clerk shall remove the elector from the register of

37 electors, unless the elector is a person subject to the uniformed and over-

38 seas citizens absentee voting act, 52 U.S.C. 20301 et seq.

39

(5) An applicant using the electronic system for voter registration

40 pursuant to this section shall not be required to complete a printed regis-

41 tration card.

42

(6) The office of the secretary of state shall use such security mea-

43 sures necessary to ensure the accuracy and integrity of an electronically

44 submitted voter registration application.

45

SECTION 4. That Section 34-410, Idaho Code, be, and the same is hereby

46 amended to read as follows:

47

34-410. MAIL REGISTRATION. (1) Any elector may register by mail for

48 any election. Any mail registration application must be received by the

5

1 county clerk prior to the close of registration as provided in section

2 34-408, Idaho Code, provided that any mail registration application post-

3 marked not later than twenty-five (25) days prior to an election shall be

4 deemed timely.

5

(2) The secretary of state shall prescribe the form for the mail regis-

6 tration application. This mail application form shall be available for dis-

7 tribution through governmental and private entities, with particular empha-

8 sis on making them available for organized voter registration programs.

9

(3) Any federal mail registration form adopted pursuant to the provi-

10 sions of the national voter registration act of 1993 (P.L. 103-31) shall also

11 be accepted as a valid registration, if such form is postmarked not later

12 than twenty-five (25) days prior to an election.

13

(4) The county clerk shall prepare and issue by first class nonforward-

14 able mail to the residence address of each elector registering by mail a ver-

15 ification of registration containing the name and residence of the elector

16 and the name or number of the precinct in which the elector resides.

17

(5) A verification returned undeliverable shall cause the county clerk

18 to remove the elector's card from the register of electors, unless the elec-

19 tor is a person subject to the uniformed and overseas citizens absentee vot-

20 ing act, 52 U.S.C. 20301 et seq.

21

(6) Any registration received by mail that does not include the number

22 of the elector's current driver's license or state identification card is-

23 sued by the Idaho transportation department must be accompanied by a legible

24 photocopy of a proof of United States citizenship document acceptable under

25 section 34-408A(1)(c), Idaho Code.

26

(7) As required by the help America vote act of 2002 (P.L. 107-252), a

27 copy of proper identification will be required prior to issuance of a ballot

28 to anyone who has registered by mail and has not previously voted in an elec-

29 tion for federal office in the state. Proper identification consists of:

30

(1a) A current and valid photo identification; or

31

(2b) A copy of a current utility bill, bank statement, government

32

check, paycheck, or other government document that shows the name and

33

address of the voter.

34

SECTION 5. That Section 34-410A, Idaho Code, be, and the same is hereby

35 amended to read as follows:

36

34-410A. ABSENTEE REGISTRATION FOR UNIFORMED AND OVERSEAS CITI-

37 ZENS. Whenever provision is made for absentee voting by a statute of the

38 United States, including the "Uniformed and Overseas Citizens Absentee

39 Voting Act" (42 U.S.C. 1973ff.) uniformed and overseas citizens absentee

40 voting act, 52 U.S.C. 20301 et seq., an application for an absentee ballot

41 made under that law may be given the same effect as an application for an

42 absentee ballot made under chapter 10, title 34, Idaho Code. Provided, how-

43 ever, if the individual uses the federal application form, is registering to

44 vote in Idaho for the first time, and does not provide the voter identifica-

45 tion required by Idaho law, such applicant shall be eligible to vote only for

46 federal offices.

47

SECTION 6. That Section 34-411, Idaho Code, be, and the same is hereby

48 amended to read as follows:

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1

34-411. APPLICATION FOR REGISTRATION -- CONTENTS. (1) Each elector

2 who requests registration shall supply the following information under oath

3 or affirmation:

4

(a) Full legal name, including the full first, full middle, and full

5

last name, and sex.;

6

(b) Mailing address, residence address, or any other necessary infor-

7

mation definitely locating the elector's residence.;

8

(c) The period of time preceding the date of registration during which

9

the elector has resided in the state.;

10

(d) Whether or not Acceptable proof that the elector is a United States

11

citizen. pursuant to section 34-408A(1)(c), Idaho Code;

12

(e) That the elector is under no legal disqualifications to vote.;

13

(f) The county and state where the elector was previously registered,

14

if any.;

15

(g) Date of birth.; and

16

(h) Current driver's license number or identification card issued

17

by the Idaho transportation department. In the absence of an Idaho

18

driver's license or state-issued identification card, the last four (4)

19

digits of the elector's social security number.

20

(2) As provided for in section 34-404, Idaho Code, each elector shall

21 select an affiliation with a political party qualified to participate in

22 elections pursuant to section 34-501, Idaho Code, or select to be desig-

23 nated as "unaffiliated." The selection of party affiliation or designation

24 as "unaffiliated" shall be maintained within the voter registration sys-

25 tem as provided for in section 34-437A, Idaho Code. If an elector shall

26 fail or refuse to make such a selection, the county clerk shall record as

27 "unaffiliated" such elector within the voter registration system as pro-

28 vided for in section 34-437A, Idaho Code.

29

(3) Any elector who shall supply supplies any information under subsec-

30 tion (1) of this section, knowing it to be false, is guilty of perjury.

31

(4) Each elector who requests registration may, at the elector's op-

32 tion, supply the elector's telephone number. If the telephone number is sup-

33 plied by the elector, the telephone number shall be available to the public.

34

SECTION 7. That Chapter 4, Title 34, Idaho Code, be, and the same is

35 hereby amended by the addition thereto of a NEW SECTION, to be known and des-

36 ignated as Section 34-421, Idaho Code, and to read as follows:

37

34-421. ELECTION INTEGRITY FUND. There is hereby created in the state

38 treasury the election integrity fund. The moneys in the fund are continu-

39 ously appropriated for the purpose of defraying the cost of providing free

40 state identification cards for voting purposes pursuant to section 49-2444,

41 Idaho Code. The secretary of state shall, upon submission of his annual bud-

42 get request, furnish an estimate of the ending balance of the fund for the end

43 of the current fiscal year.

44

SECTION 8. That Section 34-1106, Idaho Code, be, and the same is hereby

45 amended to read as follows:

46

34-1106. SIGNING COMBINATION ELECTION RECORD AND POLL BOOK -- DELIV-

47 ERY OF BALLOT TO ELECTOR. (1) An elector desiring to vote shall state his

7

1 name and address to the judge or clerk in charge of the combination election

2 record and poll book.

3

(2) Before receiving his ballot, each elector shall sign his name in

4 the combination election record and poll book following his name therein

5 and show a valid photo identification as provided for in section 34-1113,

6 Idaho Code, or personal identification affidavit as provided for in section

7 34-1114, Idaho Code.

8

(3) No person shall knowingly sign his name in the combination election

9 record and poll book if his residence address is not within that precinct at

10 the time of signing.

11

(4) If the residence address of a person contained in the combination

12 election record and poll book is incorrectly given due to an error in prepa-

13 ration of the combination election record and poll book, the judge shall as-

14 certain the correct address and make the necessary correction.

15

(5) The elector shall then be given the appropriate ballots which that

16 have been marked with the official election ballot identification and shall

17 be given folding instructions for such ballots.

18

SECTION 9. That Section 34-1113, Idaho Code, be, and the same is hereby

19 amended to read as follows:

20

34-1113. IDENTIFICATION AT THE POLLS. All voters shall be required

21 to provide personal identification before voting at the polls or at absent

22 electors polling places as required by section 34-1006, Idaho Code. The per-

23 sonal identification that may be presented shall be one (1) of the following:

24 a document acceptable under section 34-408A(1)(a), Idaho Code.

25

(1) An Idaho driver's license or identification card issued by the

26 Idaho transportation department;

27

(2) A passport or an identification card, including a photograph, is-

28 sued by an agency of the United States government;

29

(3) A tribal identification card, including a photograph;

30

(4) A current student identification card, including a photograph, is-

31 sued by a high school or an accredited institution of higher education, in-

32 cluding a university, college or technical school, located within the state

33 of Idaho; or

34

(5) A license to carry concealed weapons issued under section 18-3302,

35 Idaho Code, or an enhanced license to carry concealed weapons issued under

36 section 18-3302K, Idaho Code.

37

SECTION 10. That Section 49-306, Idaho Code, be, and the same is hereby

38 amended to read as follows:

39

49-306. APPLICATION FOR DRIVER'S LICENSE, INSTRUCTION PERMIT,

40 COMMERCIAL LEARNER'S PERMIT OR RESTRICTED SCHOOL ATTENDANCE DRIVING PER-

41 MIT. (1) Every application for any instruction permit, restricted school

42 attendance driving permit, or for a driver's license shall be made upon

43 a form furnished by the department and shall be verified by the applicant

44 before a person authorized to administer oaths. Officers and employees of

45 the department, agents authorized by the department, and sheriffs and their

46 deputies are authorized to administer the oaths without charge. Every ap-

8

1 plication for a permit, extension or driver's license shall be accompanied

2 by the following fee, none of which is refundable:

3

(a) Class A, B, C (4-year) license with endorsements --

4

age 21 years and older ........................................ $40.00

5

(b) Class A, B, C (3-year) license with endorsements --

6

age 18 to 21 years ............................................ $30.00

7

(c) Class A, B, C (1-year) license with endorsements --

8

age 20 years ................................................. $15.00

9

(d) Class D (3-year) license -- under age 18 years .............. $30.00

10

(e) Class D (3-year) license -- age 18 to 21 years .............. $30.00

11

(f) Class D (1-year) license -- age 17 years or age 20 years ..... $20.00

12

(g) Four-year Class D license -- age 21 years and older ......... $35.00

13

(h) Eight-year Class D license -- age 21 to 63 years ............ $60.00

14

(i) Commercial learner's permit .............................. $29.00

15

(j) Class D instruction permit or supervised instruction permit

16

............................................................ $20.00

17

(k) Duplicate driver's license or permit issued under

18

section 49-318, Idaho Code ................................... $20.00

19

(l) Driver's license extension issued under section

20

49-319, Idaho Code ........................................... $10.00

21

(m) License classification change (upgrade) .................. $30.00

22

(n) Endorsement addition .................................... $20.00

23

(o) Class A, B, C skills tests not more than ................... $200.00

24

(p) Class D skills test not more than .......................... $35.00

25

(q) Motorcycle endorsement skills test not more than ........... $25.00

26

(r) Knowledge test .......................................... $ 5.00

27

(s) Seasonal driver's license ................................ $44.00

28

(t) Onetime motorcycle "M" endorsement ....................... $15.00

29

(u) Motorcycle endorsement instruction permit ................ $15.00

30

(v) Restricted driving permit or restricted school attendance

31

driving permit .............................................. $60.00

32

(2) A person who applies for a driver's license or a driver's license

33 renewal may designate a voluntary contribution of two dollars ($2.00) for

34 the purpose of promoting and supporting organ donation. Such a contribution

35 shall be treated as a voluntary contribution to the organ donation contribu-

36 tion fund created in section 49-2447, Idaho Code, and not as a driver's li-

37 cense fee.

38

(3) Every application shall state the true and full name, date of birth,

39 sex, declaration of Idaho residency, Idaho residence address and mailing ad-

40 dress, if different, of the applicant, height, weight, hair color, and eye

41 color, and the applicant's social security number as verified by the social

42 security administration. If an applicant has submitted an application pur-

43 suant to the provisions of chapter 58, title 19, Idaho Code, then the appli-

44 cant may state, in his or her application pursuant to this section, the ap-

45 plicant's alternative Idaho mailing address in place of his or her Idaho res-

46 idence address and mailing address. Notwithstanding the provisions of sec-

47 tion 49-303(13), Idaho Code, an applicant for a nondomiciled class A, B or

48 C driver's license or nondomiciled commercial learner's permit having res-

49 idency in a state that is prohibited from issuing class A, B or C driver's

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