TallyIDAHOLegislative Tracker
H06732026 Regular Session

Amends existing law to provide for certain physical presence requirements for state representatives and senators.

ELECTIONS -- Amends existing law to provide for certain physical presence requirements for state representatives and senators.

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This legislation clarifies the requirement that a candidate be physically present in a legislative district to qualify for the Idaho House and Senate. Candidates must be registered electors for one year prior to the general election and physically live in the declared primary residence for at least 120 days in the year prior to the candidate filing date.

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This legislation will have a de minimus impact on the General Fund or other funding sources.

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 673 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO ELECTIONS; AMENDING SECTION 34-614, IDAHO CODE, TO REVISE A PRO-2 VISION REGARDING THE QUALIFICATIONS OF STATE REPRESENTATIVES AND SENA-3 TORS; AND DECLARING AN EMERGENCY.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 34-614, Idaho Code, be, and the same is hereby6 amended to read as follows:7 34-614. ELECTION OF STATE REPRESENTATIVES AND SENATORS -- QUALIFICA-8 TIONS. (1) At the general election, 1972, and every alternate year there-9 after, there shall be elected in each legislative district such representa-10 tives and senators as they may be severally entitled.11 (2) No person shall be elected to the office of representative or sena-12 tor unless he shall have attained the age of twenty-one (21) years at the time13 of the general election, is a citizen of the United States and shall have, has14 been a registered elector within the legislative district for one (1) year15 next immediately preceding the general election at which he offers his can-16 didacy, and has maintained a fixed habitation within the legislative dis-17 trict boundaries for one (1) year immediately preceding the date such can-18 didate files a declaration of candidacy for the office of representative or19 senator. For the purposes of this subsection, "fixed habitation" means a20 residence as defined in section 34-107, Idaho Code, at which the candidate21 maintains actual physical presence and occupancy for at least one hundred22 twenty (120) nights during the one (1) year period immediately preceding the23 date such candidate files a declaration of candidacy for the office of repre-24 sentative or senator.25 (3) Each candidate shall file his declaration of candidacy with the26 secretary of state.27 (4) Each candidate who files a declaration of candidacy shall at the28 same time pay a filing fee of thirty dollars ($30.00) which shall be de-29 posited in the general fund.30

SECTION 2. An emergency existing therefor, which emergency is hereby31 declared to exist, this act shall be in full force and effect on and after its32 passage and approval.33

U.C. to be returned to State Affairs Committee