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

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 810 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 PROVIDING AN EFFECTIVE DATE.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 rep-24 resentative or senator. A candidate shall receive an exemption to the fixed25 habitation requirement due to active military service or a religious mission26 during the one (1) year period.27 (3) Each candidate shall file his declaration of candidacy with the28 secretary of state.29 (4) Each candidate who files a declaration of candidacy shall at the30 same time pay a filing fee of thirty dollars ($30.00) which shall be de-31 posited in the general fund.32

SECTION 2. This act shall be in full force and effect on and after Jan-33 uary 1, 2027.34