Amends existing law to revise a provision regarding voting by persons convicted of felonies in other states.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 698 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO VOTING; AMENDING SECTION 18-310, IDAHO CODE, TO REVISE A PROVI-2 SION REGARDING VOTING BY PERSONS CONVICTED OF FELONIES IN OTHER STATES;3 AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.4

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

SECTION 1. That Section 18-310, Idaho Code, be, and the same is hereby6 amended to read as follows:7 18-310. IMPRISONMENT -- EFFECT ON CIVIL RIGHTS AND OFFICES. (1) A8 sentence of custody to the Idaho state board of correction suspends all the9 civil rights of the person so sentenced, including the right to refuse treat-10 ment authorized by the sentencing court, and forfeits all public offices and11 all private trusts, authority or power during such imprisonment: provided12 that any such person may bring an action for damages or other relief in the13 courts of this state or have an action brought against such person; and pro-14 vided further that any such person may lawfully exercise all civil rights15 that are not political during any period of parole or probation, except the16 right to ship, transport, possess or receive a firearm, and the right to17 refuse treatment authorized by the sentencing court.18 (2) Upon final discharge, a person convicted of any Idaho felony shall19 be restored the full rights of citizenship, except that for persons con-20 victed of treason or those offenses enumerated in paragraphs (a) through21 (hh) of this subsection the right to ship, transport, possess or receive a22 firearm shall not be restored. As used in this subsection, "final discharge"23 means satisfactory completion of imprisonment, probation and parole as the24 case may be.25 (a) Aggravated assault (18-905, 18-915, Idaho Code);26 (b) Aggravated battery (18-907, 18-915, Idaho Code);27 (c) Assault with intent to commit a serious felony (18-909, 18-915,28 Idaho Code);29 (d) Battery with intent to commit a serious felony (18-911, 18-915,30 Idaho Code);31 (e) Burglary (18-1401, Idaho Code);32 (f) Domestic battery, felony (18-918, Idaho Code);33 (g) Enticing of children, felony (18-1509, Idaho Code);34 (h) Forcible sexual penetration by use of a foreign object (18-6604,35 Idaho Code);36 (i) Indecent exposure, felony (18-4116, Idaho Code);37 (j) Injury to child, felony (18-1501, Idaho Code);38 (k) Intimidating a witness, felony (18-2604, Idaho Code);39 (l) Lewd conduct with a minor or child under sixteen (18-1508, Idaho40 Code);41 (m) Sexual abuse of a child under sixteen (18-1506, Idaho Code);42

2 (n) Sexual exploitation of a child (18-1507, Idaho Code);1 (o) Felonious rescuing prisoners (18-2501, Idaho Code);2 (p) Escape by one charged with, convicted of or on probation for a3 felony (18-2505, Idaho Code);4 (q) Unlawful possession of a firearm (18-3316, Idaho Code);5 (r) Degrees of murder (18-4003, Idaho Code);6 (s) Voluntary manslaughter (18-4006(1), Idaho Code);7 (t) Assault with intent to murder (18-4015, Idaho Code);8 (u) Administering poison with intent to kill (18-4014, Idaho Code);9 (v) Kidnapping (18-4501, Idaho Code);10 (w) Mayhem (18-5001, Idaho Code);11 (x) Rape (18-6101, Idaho Code);12 (y) Robbery (18-6501, Idaho Code);13 (z) Ritualized abuse of a child (18-1506A, Idaho Code);14 (aa) Cannibalism (18-5003, Idaho Code);15 (bb) Felonious manufacture, delivery or possession with the intent to16 manufacture or deliver, or possession of a controlled or counterfeit17 substance (37-2732, Idaho Code);18 (cc) Trafficking (37-2732B, Idaho Code);19 (dd) Threats against state officials of the executive, legislative or20 judicial branch, felony (18-1353A, Idaho Code);21 (ee) Unlawful discharge of a firearm at a dwelling house, occupied22 building, vehicle or mobile home (18-3317, Idaho Code);23 (ff) Unlawful possession of destructive devices (18-3319, Idaho Code);24 (gg) Unlawful use of destructive device or bomb (18-3320, Idaho Code);25 (hh) Attempt (18-306, Idaho Code), conspiracy (18-1701, Idaho Code),26 or solicitation (18-2001, Idaho Code), to commit any of the crimes de-27 scribed in paragraphs (a) through (gg) of this subsection.28 (ii) The provisions of this subsection shall apply only to those persons29 convicted of the enumerated felonies in paragraphs (a) through (hh) of30 this subsection on or after July 1, 1991, except that persons convicted31 of the felonies enumerated in paragraphs (r) and (s) of this subsec-32 tion, for any degree of murder or voluntary manslaughter, shall not be33 restored the right to ship, transport, possess or receive a firearm,34 regardless of the date of their conviction if the conviction was the35 result of an offense committed by use of a firearm.36 (3) A person not restored to the civil right to ship, transport, pos-37 sess or receive a firearm may make application to the commission of pardons38 and parole to restore the civil right to ship, transport, possess or receive39 a firearm. The commission shall not accept any such application until five40 (5) years after the date of final discharge. The commission shall conduct41 the proceeding upon such application pursuant to rules adopted in accordance42 with the law. The commission shall not restore the right to ship, transport,43 possess or receive a firearm to any person convicted of murder in the first44 degree (18-4003, Idaho Code), murder in the second degree (18-4003, Idaho45 Code), or any felony enumerated in paragraphs (a) through (hh) of subsection46 (2) of this section, upon which the sentence was enhanced for the use of a47 firearm during the commission of said felony.48 (4) Persons convicted of felonies in other states or jurisdictions, ex-49 cept for persons convicted of treason, shall be allowed to register and vote50

3 in Idaho upon final discharge which means satisfactory completion of impris-1 onment, probation and parole as the case may be. These individuals shall not2 have the right restored to ship, transport, possess or receive a firearm in3 the same manner as an Idaho felon as provided in subsection (2) of this sec-4 tion.5

SECTION 2. An emergency existing therefor, which emergency is hereby6 declared to exist, this act shall be in full force and effect on and after7 July 1, 2026.8