Amends existing law to allow prospective jurors in certain circumstances to volunteer as poll workers in lieu of serving on a jury.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 560 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO JURIES; AMENDING SECTION 2-211, IDAHO CODE, TO PROVIDE AN EXEMP-2 TION TO JURY SERVICE; AMENDING SECTION 2-212, IDAHO CODE, TO PROVIDE FOR3 VOLUNTEER ELECTION SERVICE IN LIEU OF JURY SERVICE AND TO MAKE A TECHNI-4 CAL CORRECTION; AMENDING SECTION 34-303, IDAHO CODE, TO PROVIDE AN EX-5 CEPTION TO CERTAIN COMPENSATION REQUIREMENTS FOR ELECTION PERSONNEL;6 AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Section 2-211, Idaho Code, be, and the same is hereby9 amended to read as follows:10 2-211. NO EXEMPTIONS. No exemptions for any qualified prospective ju-11 ror may be granted, except as provided in section 2-212(4), Idaho Code.12

SECTION 2. That Section 2-212, Idaho Code, be, and the same is hereby13 amended to read as follows:14 2-212. EXCUSING OR POSTPONING JURY SERVICE -- INQUIRY BY COURT --15 GROUNDS FOR EXCUSING OR POSTPONING -- VOLUNTEER ELECTION SERVICE IN LIEU OF16 JURY SERVICE. (1) The court, or a member of the jury commission designated17 by the court, upon request of a prospective juror or on its own initiative,18 shall determine on the basis of information provided on the qualification19 questionnaire form or interview with the prospective juror or other com-20 petent evidence whether the prospective juror should be excused from jury21 service or have their jury service postponed. The clerk or the jury commis-22 sioner shall keep a record of this determination.23 (2) A person who is seventy (70) years of age or older shall be perma-24 nently excused if the person indicates on the qualification questionnaire25 form that he or she wishes to be excused. A person who requests to be ex-26 cused on this basis shall be reinstated to the county jury list by submitting27 a written request asking to be reinstated for jury service.28 (3) A person who is not disqualified for jury service under section29 2-209, Idaho Code, may have jury service postponed by the court or the jury30 commissioner only upon a showing of undue hardship, extreme inconvenience,31 or public necessity, or upon a showing that the juror is a mother breastfeed-32 ing her child.33 (a) Any person requesting a postponement shall provide a written state-34 ment setting forth the reason for the request and the anticipated date35 that the reason will no longer exist.36 (b) The court or the jury commissioner may require a person requesting a37 postponement for any medical reason to provide a statement from a medi-38 cal provider supporting the request.39

2 (c) The postponement, if granted, shall be for a period of time as the1 court or the jury commissioner deems necessary, at the conclusion of2 which the person shall reappear for jury service in accordance with the3 direction of the court or the jury commissioner.4 (4)(a) If the county clerk determines that there is a shortage of elec-5 tion personnel necessary to facilitate the operations of an upcoming6 county-run election, the county clerk may submit a request to the jury7 commission and the court to offer prospective jurors who request to be8 excused from jury service, or for a postponement of jury service, pur-9 suant to subsections (2) and (3) of this section, the opportunity to10 volunteer for election service as poll workers in the next county-run11 election in lieu of jury service. The county clerk's request shall12 specify the number of volunteer positions required, as well as the dates13 and times when such volunteers will need to be available.14 (b) If a request is made by a county clerk pursuant to paragraph (a)15 of this subsection, the court may offer to prospective jurors who16 have grounds to be excused from jury service or to have jury service17 postponed the opportunity to serve as volunteer poll workers in accor-18 dance with the county clerk's specified needs. The volunteer election19 service in lieu of jury service provided in this subsection shall be20 granted only for the number of positions requested by the county clerk21 and at the discretion of the court.22 (c) If a prospective juror accepts the volunteer election service op-23 portunity pursuant to this subsection and completes such service in a24 manner acceptable to the county clerk, the prospective juror shall be25 excused from jury service for the next two (2) years. The county clerk26 shall furnish to the jury commission the names of each prospective ju-27 ror who accepted the election service in lieu of jury service provided28 in this subsection and shall indicate whether such prospective juror29 completed the election service. A prospective juror who accepts the30 election service pursuant to this subsection, but fails to complete the31 election service shall be reinstated to the county jury list.32

SECTION 3. That Section 34-303, Idaho Code, be, and the same is hereby33 amended to read as follows:34 34-303. APPOINTMENT OF ELECTION JUDGES BY COUNTY CLERK. (1) The35 county clerk shall appoint two (2) or more election judges, one (1) of whom36 shall be designated chief judge, and the number of clerks deemed necessary by37 him for each polling place. In the event a single polling place is designated38 for two (2) or more precincts, an individual may serve simultaneously on the39 election board for two (2) or more precincts thus served by a single polling40 place. The precinct committeemen shall recommend persons for the position41 in their respective precincts to the county clerk in writing by the fifth42 Friday prior to the primary election and the county clerk shall appoint the43 judges from such lists if the persons recommended are qualified.44 (2) The chief election judge shall be responsible for the conduct of the45 proceedings in the polling place. Compensation for all election personnel46 shall be determined by the board of county commissioners at no less than the47 minimum wage as prescribed by the laws of the state of Idaho, except for per-48

3 sonnel volunteering for election service pursuant to section 2-212, Idaho1 Code.2 (3) Each election board shall contain personnel representing all ex-3 isting political parties if a list of applicants has been provided to the4 county clerk by the precinct committeemen of the precincts by the prescribed5 deadline.6 (4) In order to provide for a greater awareness of the election process,7 the rights and responsibilities of voters and the importance of participat-8 ing in the electoral process, as well as to provide additional members of9 precinct boards, a county clerk may appoint not more than two (2) students10 per precinct to serve under the direct supervision of election board members11 designated by the county clerk. A student may be appointed, notwithstanding12 lack of eligibility to vote, if the student possesses the following qualifi-13 cations:14 (a) Is at least sixteen (16) years of age at the time of the election for15 which he or she is serving as a member of an election board; and16 (b) Is a citizen of the United States.17

SECTION 4. An emergency existing therefor, which emergency is hereby18 declared to exist, this act shall be in full force and effect on and after19 July 1, 2026.20