Amends, repeals, and adds to existing law to revise provisions regarding certain election procedures.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 726 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO ELECTIONS; AMENDING SECTION 22-2721, IDAHO CODE, TO REVISE CER-2 TAIN ELECTION DATES; REPEALING SECTION 22-2721, IDAHO CODE, RELATING3 TO THE ELECTION, APPOINTMENT, QUALIFICATIONS, AND TENURE OF SOIL CON-4 SERVATION DISTRICT SUPERVISORS; AMENDING CHAPTER 27, TITLE 22, IDAHO5 CODE, BY THE ADDITION OF A NEW SECTION 22-2721, IDAHO CODE, TO PROVIDE6 FOR THE ELECTION, APPOINTMENT, QUALIFICATIONS, AND TENURE OF SOIL CON-7 SERVATION DISTRICT SUPERVISORS; AMENDING SECTION 34-308, IDAHO CODE,8 TO REVISE A PROVISION REGARDING THE MAILING OF CERTAIN BALLOTS; AMEND-9 ING SECTION 34-1410, IDAHO CODE, TO REVISE A PROVISION REGARDING CAN-10 VASSING OF ELECTION RESULTS; AND DECLARING AN EMERGENCY AND PROVIDING11 EFFECTIVE DATES.12

Be It Enacted by the Legislature of the State of Idaho:13

SECTION 1. That Section 22-2721, Idaho Code, be, and the same is hereby14 amended to read as follows:15 22-2721. ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPER-16 VISORS. (1) The governing body of the district shall consist of five (5)17 supervisors, elected or appointed as provided in this chapter. Elections18 shall be conducted pursuant to the provisions of this section and the uni-19 form district election law, chapter 14, title 34, Idaho Code. If at any time20 the supervisors of a district deem it necessary, upon majority vote of the21 district board, they may increase the number of supervisors to seven (7) or22 decrease the number of supervisors to five (5). If increased, the additional23 supervisors shall then be appointed as outlined in this section until such24 time as regular district elections for two (2) supervisors in each district.25 At that time, those districts having seven (7) supervisors shall then elect26 four (4) supervisors for four (4) year terms. The two (2) supervisors ap-27 pointed by the district shall be persons who are by training and experience28 qualified to perform the specialized services that will be required of them29 in the performance of their duties. In the event the supervisors of a dis-30 trict, upon majority vote of the district board, deem it necessary to reduce31 the number of supervisors to five (5), there must either be two (2) vacant32 positions on the board or two (2) of the supervisors must first volunteer to33 give up their seats. Written notification of the reduction in supervisors,34 signed by the district board chairman, shall then be sent to the state soil35 and water conservation commission. Such notification shall also be sent36 to the secretary of state to ensure only two (2) or three (3) supervisors37 shall be on the ballot for the next election cycle. All supervisors shall be38 landowners or farmers of the district where they are elected or appointed and39 shall be registered to vote in the state of Idaho.40 (2) Within thirty (30) days after the date of issuance by the secretary41 of state of a certificate of organization of a soil conservation district,42

2 nominating petitions may be filed with the state soil and water conservation1 commission to nominate candidates for supervisors of each district. The2 county clerk shall conduct the election for the district in compliance with3 chapter 14, title 34, Idaho Code, and shall be the election official for the4 district. The election official shall have authority to extend the time5 within which nominating petitions may be filed. Nominating petitions shall6 be filed with the secretary of the district, and no such nominating petition7 shall be accepted by the election official unless it shall be subscribed8 by not less than five (5) persons who are qualified electors owning land9 or residing within the boundaries of the district. The election official10 shall give due notice of an election to be held, subject to the provisions11 of section 34-106, Idaho Code, for the election of three (3) supervisors for12 the district. The names of all nominees on behalf of whom such nominating13 petitions have been filed within the time herein designated shall appear14 upon ballots, with directions to choose three (3) names to indicate the15 voter's preference. The three (3) candidates who receive the largest num-16 ber, respectively, of the votes cast in such election shall be the elected17 supervisors for such district.18 (3) All elections in districts shall be conducted by the county clerk.19 Such election shall be held on the first Tuesday succeeding the first Monday20 of November in each even-numbered year. Such elections shall be in compli-21 ance with the provisions of chapter 14, title 34, Idaho Code, and shall be22 supervised and conducted by the county clerk. The cost of conducting such23 elections shall be borne by the county that conducted the election. The24 county clerk shall certify to the soil and water conservation district the25 names of the elected supervisors. The soil and water conservation district26 shall issue certificates of election to each elected supervisor so certi-27 fied. The county clerk or county clerks of the county or counties in which28 the district is located shall conduct the election for the soil conservation29 district, and the county clerk must provide a ballot for the district elec-30 tion and must provide a process that allows only qualified electors of the31 district to vote in that district's election.32 (4) In any election for supervisor, if, after the deadline for filing33 a declaration of intent as a write-in candidate, it appears that the num-34 ber of qualified candidates who have been nominated is equal to the number35 of supervisors to be elected, it shall not be necessary for the candidates to36 stand for election. The board of supervisors shall declare such candidates37 elected as supervisors, and the soil and water conservation district shall38 immediately make and deliver to such persons certificates of election.39 (5) The supervisors shall designate a chairman and may, from time to40 time, change such designation. The term of office of each supervisor shall41 be four (4) years commencing on the first day of January next following elec-42 tion, except that the two (2) supervisors who are first appointed shall be43 designated to serve for terms of two (2) years. Vacancies shall be filled for44 the unexpired term. The selection of successors to fill an unexpired term45 or for a full term shall be made by a vote of the majority of the supervi-46 sors duly qualified and acting at the time the vacancy shall arise, and the47 supervisors shall certify the name of the appointed supervisor to the state48 soil and water conservation commission. In the event supervisors fail to49 appoint a replacement within ninety (90) days following a vacancy, and the50

3 vacancy results in the loss of a quorum of the district board, the governor1 shall appoint a replacement sufficient to reestablish a quorum of the dis-2 trict board. The soil conservation district shall issue a certificate of3 such appointment.4 (6) A quorum shall consist of three (3) supervisors for those districts5 with a total of five (5) supervisors and four (4) supervisors for those dis-6 tricts with a total of seven (7) supervisors, and the concurrence of a major-7 ity in any matter within their duties shall be required for its determina-8 tion. A supervisor shall be entitled to expenses, including travel expense,9 necessarily incurred in the discharge of duties. A supervisor shall receive10 no compensation for services from regular district funds, county funds au-11 thorized in section 22-2726, Idaho Code, or state funds authorized in sec-12 tion 22-2727, Idaho Code.13 (7) In the event the district has a special project, approved by the14 state soil and water conservation commission, making project funds avail-15 able from federal or other sources, a supervisor may receive compensation16 not to exceed thirty-five dollars ($35.00) per day plus actual and necessary17 expenses from project funds for services directly related to the project.18 (8) The supervisors may employ a secretary, technical experts, and such19 other officers, agents, and employees, permanent and temporary, as they may20 require and shall determine their qualifications, duties and compensation.21 The supervisors may call upon the attorney general of the state for such le-22 gal services as they may require or may employ their own counsel and legal23 staff. The supervisors may delegate to their chairman, to one (1) or more24 supervisors, or to one (1) or more agents or employees such powers and du-25 ties as they may deem proper. The supervisors shall furnish to the state soil26 and water conservation commission, upon request, copies of such ordinances,27 rules, orders, contracts, forms and other documents as they shall adopt or28 employ and such other information concerning the supervisors' activities as29 the commission may require in the performance of the commission's duties un-30 der this chapter.31 (9) The supervisors shall provide for the execution of surety bonds for32 all employees and officers entrusted with funds or property; shall provide33 for the keeping of a full and accurate record of all proceedings and of all34 resolutions and orders issued or adopted; and shall provide for independent35 financial audits in accordance with the provisions of section 67-450B, Idaho36 Code. Supervisors shall be subject to recall in accordance with the provi-37 sions of chapter 17, title 34, Idaho Code.38 (10) The supervisors may invite the legislative body of a municipality39 or county located near the territory comprised within the district to desig-40 nate a representative to advise and consult with the supervisors of the dis-41 trict on all questions of program and policy that may affect the property,42 water supply, or other interests of such municipality or county.43 (11) Notwithstanding any other provision of law to the contrary, the44 election for supervisor scheduled for November 2026 shall instead be held45 on the third Tuesday in May 2027 and shall be for a term of four (4) years;46 and the election for supervisor scheduled for November 2028 shall instead47 be held on the third Tuesday in May 2029 and shall be for a term of four (4)48 years.49

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SECTION 2. That Section 22-2721, Idaho Code, be, and the same is hereby1 repealed.2

SECTION 3. That Chapter 27, Title 22, Idaho Code, be, and the same is3 hereby amended by the addition thereto of a NEW SECTION, to be known and des-4 ignated as Section 22-2721, Idaho Code, and to read as follows:5 22-2721. ELECTION, APPOINTMENT, QUALIFICATIONS, AND TENURE OF SU-6 PERVISORS. (1) The governing body of the district shall consist of five (5)7 supervisors, elected or appointed as provided in this chapter. Elections8 shall be conducted pursuant to the provisions of this section and the uni-9 form district election law, chapter 14, title 34, Idaho Code. If at any time10 the supervisors of a district deem it necessary, upon majority vote of the11 district board, they may increase the number of supervisors to seven (7) or12 decrease the number of supervisors to five (5). If increased, the additional13 supervisors shall then be appointed as outlined in this section until such14 time as regular district elections for two (2) supervisors in each district.15 At that time, those districts having seven (7) supervisors shall then elect16 four (4) supervisors for four (4) year terms. The two (2) supervisors ap-17 pointed by the district shall be persons who are by training and experience18 qualified to perform the specialized services that will be required of them19 in the performance of their duties. In the event the supervisors of a dis-20 trict, upon majority vote of the district board, deem it necessary to reduce21 the number of supervisors to five (5), there must either be two (2) vacant22 positions on the board or two (2) of the supervisors must first volunteer to23 give up their seats. Written notification of the reduction in supervisors,24 signed by the district board chairman, shall then be sent to the state soil25 and water conservation commission. Such notification shall also be sent26 to the secretary of state to ensure only two (2) or three (3) supervisors27 shall be on the ballot for the next election cycle. All supervisors shall be28 landowners or farmers of the district where they are elected or appointed and29 shall be registered to vote in the state of Idaho.30 (2) Within thirty (30) days after the date of issuance by the secretary31 of state of a certificate of organization of a soil conservation district,32 nominating petitions may be filed with the state soil and water conservation33 commission to nominate candidates for supervisors of each district. The34 county clerk shall conduct the election for the district in compliance with35 chapter 14, title 34, Idaho Code, and shall be the election official for the36 district. The election official shall have authority to extend the time37 within which nominating petitions may be filed. Nominating petitions shall38 be filed with the secretary of the district, and no such nominating petition39 shall be accepted by the election official unless it shall be subscribed40 by no less than five (5) persons who are qualified electors owning land41 or residing within the boundaries of the district. The election official42 shall give due notice of an election to be held, subject to the provisions43 of section 34-106, Idaho Code, for the election of three (3) supervisors44 for the district. The names of all nominees on behalf of whom such nomi-45 nating petitions have been filed within the time herein designated shall46 appear on ballots with directions to choose three (3) names to indicate the47 voter's preference. The three (3) candidates who receive the largest num-48

5 ber, respectively, of the votes cast in such election shall be the elected1 supervisors for such district.2 (3) All elections in districts shall be conducted by the county clerk.3 Such election shall be held on the first Tuesday succeeding the first Monday4 of November in each even-numbered year. Such elections shall be in compli-5 ance with the provisions of chapter 14, title 34, Idaho Code, and shall be6 supervised and conducted by the county clerk. The cost of conducting such7 elections shall be borne by the county that conducted the election. The8 county clerk shall certify to the soil and water conservation district the9 names of the elected supervisors. The soil and water conservation district10 shall issue certificates of election to each elected supervisor so certi-11 fied. The county clerk or county clerks of the county or counties in which12 the district is located shall conduct the election for the soil conservation13 district, and the county clerk must provide a ballot for the district elec-14 tion and must provide a process that allows only qualified electors of the15 district to vote in that district's election.16 (4) In any election for supervisor, if, after the deadline for filing17 a declaration of intent as a write-in candidate, it appears that the num-18 ber of qualified candidates who have been nominated is equal to the number19 of supervisors to be elected, it shall not be necessary for the candidates to20 stand for election. The board of supervisors shall declare such candidates21 elected as supervisors, and the soil and water conservation district shall22 immediately make and deliver to such persons certificates of election.23 (5) The supervisors shall designate a chairman and may, from time to24 time, change such designation. The term of office of each supervisor shall25 be four (4) years commencing on the first day of January next following elec-26 tion, except that the two (2) supervisors who are first appointed shall be27 designated to serve for terms of two (2) years. Vacancies shall be filled for28 the unexpired term. The selection of successors to fill an unexpired term29 or for a full term shall be made by a vote of the majority of the supervi-30 sors duly qualified and acting at the time the vacancy shall arise, and the31 supervisors shall certify the name of the appointed supervisor to the state32 soil and water conservation commission. In the event supervisors fail to33 appoint a replacement within ninety (90) days following a vacancy, and the34 vacancy results in the loss of a quorum of the district board, the governor35 shall appoint a replacement sufficient to reestablish a quorum of the dis-36 trict board. The soil conservation district shall issue a certificate of37 such appointment.38 (6) A quorum shall consist of three (3) supervisors for those districts39 with a total of five (5) supervisors and four (4) supervisors for those dis-40 tricts with a total of seven (7) supervisors, and the concurrence of a major-41 ity in any matter within their duties shall be required for its determina-42 tion. A supervisor shall be entitled to expenses, including travel expense,43 necessarily incurred in the discharge of duties. A supervisor shall receive44 no compensation for services from regular district funds, county funds au-45 thorized in section 22-2726, Idaho Code, or state funds authorized in sec-46 tion 22-2727, Idaho Code.47 (7) In the event the district has a special project, approved by the48 state soil and water conservation commission, making project funds avail-49 able from federal or other sources, a supervisor may receive compensation50

6 not to exceed thirty-five dollars ($35.00) per day plus actual and necessary1 expenses from project funds for services directly related to the project.2 (8) The supervisors may employ a secretary, technical experts, and such3 other officers, agents, and employees, permanent and temporary, as they may4 require and shall determine their qualifications, duties, and compensation.5 The supervisors may call on the attorney general of the state for such le-6 gal services as they may require or may employ their own counsel and legal7 staff. The supervisors may delegate to their chairman, to one (1) or more8 supervisors, or to one (1) or more agents or employees such powers and duties9 as they may deem proper. The supervisors shall furnish to the state soil and10 water conservation commission, upon request, copies of such ordinances,11 rules, orders, contracts, forms, and other documents as they shall adopt or12 employ and such other information concerning the supervisors' activities13 as the commission may require in the performance of the commission's duties14 pursuant to this chapter.15 (9) The supervisors shall provide for the execution of surety bonds for16 all employees and officers entrusted with funds or property; shall provide17 for the keeping of a full and accurate record of all proceedings and of all18 resolutions and orders issued or adopted; and shall provide for independent19 financial audits in accordance with the provisions of section 67-450B, Idaho20 Code. Supervisors shall be subject to recall in accordance with the provi-21 sions of chapter 17, title 34, Idaho Code.22 (10) The supervisors may invite the legislative body of a municipality23 or county located near the territory comprised within the district to desig-24 nate a representative to advise and consult with the supervisors of the dis-25 trict on all questions of program and policy that may affect the property,26 water supply, or other interests of such municipality or county.27

SECTION 4. That Section 34-308, Idaho Code, be, and the same is hereby28 amended to read as follows:29 34-308. MAIL BALLOT PRECINCT. (1) A precinct within the county that30 contains no more than one hundred forty (140) registered electors at the31 last general election may be designated by the board of county commissioners32 as a mail ballot precinct no later than April 1 in an even-numbered year.33 Such a designation shall apply thereafter to all elections conducted within34 the precinct until revoked by the board of county commissioners or until35 the precinct contains one hundred fifty-one (151) registered electors at36 the last general election. Having designated a mail ballot precinct, there37 shall be no voting place established within the precinct. Elections in a38 mail ballot precinct shall be conducted in a manner consistent with absentee39 voting with the special provisions provided in this section.40 (2) The clerk shall issue a ballot, by mail, to every registered voter41 in a mail ballot precinct and shall affix postage to the return envelope suf-42 ficient to return the ballot.43 (3) The ballot shall be mailed no sooner than twenty-four (24) forty-44 five (45) days prior to the election day and no later than the fourteenth45 eleventh day prior to the election.46 (4) The clerk shall make necessary provisions to segregate mail bal-47 lot precinct ballots by precinct and, for all purposes of the election, the48 precinct integrity shall be maintained.49

7 (5) The clerk shall make registration available in the office of the1 clerk on election day for any individual who is eligible to vote and who re-2 sides in a mail ballot precinct and has not previously registered. The clerk3 shall provide an official polling place in the office of the clerk, and a4 qualified elector who registers on election day and resides in a mail ballot5 precinct shall be allowed to vote at the office of the clerk.6 (6)(a) Except as provided in paragraph (b) of this subsection, electors7 who have designated a political party affiliation pursuant to section8 34-404, Idaho Code, shall receive the primary election ballot for that9 party pursuant to sections 34-904 and 34-904A, Idaho Code.10 (b) Electors who have designated a political party affiliation pur-11 suant to section 34-404, Idaho Code, may receive the primary election12 ballot of a political party other than the political party such elector13 is affiliated with if such other political party has provided notifica-14 tion to the secretary of state that identifies the political party such15 elector is affiliated with, as provided for in section 34-904A(2)(b),16 Idaho Code.17 (7) For "unaffiliated" electors, in order to receive a political18 party's primary election ballot pursuant to section 34-904A, Idaho Code, the19 county clerk shall mail a ballot request form for the primary election ballot20 to the electors in a mail ballot precinct for the electors to use in selecting21 the party ballot they choose to receive.22 (a) In the event that more than one (1) political party allows electors23 designated as "unaffiliated" to vote in their party's primary election24 pursuant to section 34-904A, Idaho Code, an elector designated as "un-25 affiliated" shall indicate on the form such elector's choice of the po-26 litical party's primary election ballot in order to vote in that party's27 primary election.28 (b) In the event no more than one (1) political party allows electors29 designated as "unaffiliated" to vote in their party's primary election30 pursuant to section 34-904A, Idaho Code, an elector designated as "un-31 affiliated" shall indicate on the form that political party's primary32 election ballot in order to vote in that political party's primary elec-33 tion.34 (c) If an elector designated as "unaffiliated" is not permitted to35 vote in a political party's primary election as provided for in section36 34-904A, Idaho Code, such elector shall receive a nonpartisan ballot.37 (d) If an elector designated as "unaffiliated" does not indicate on the38 form a choice of political party's primary election ballot, such elec-39 tor shall receive a nonpartisan ballot.40

SECTION 5. That Section 34-1410, Idaho Code, be, and the same is hereby41 amended to read as follows:42 34-1410. CANVASSING OF ELECTION RESULTS. The board of county commis-43 sioners shall conduct the canvass of the election results within ten (10)44 nine (9) days after the election, in the manner provided in chapter 12, ti-45 tle 34, Idaho Code. The county clerk shall certify the election results to46 the clerk of each political subdivision for which an election was held. Each47 political subdivision shall issue the appropriate certificates of election.48

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SECTION 6. An emergency existing therefor, which emergency is hereby1 declared to exist, Sections 1, 4, and 5 of this act shall be in full force and2 effect on and after July 1, 2026, and Sections 2 and 3 of this act shall be in3 full force and effect on and after July 1, 2029.4