Amends existing law to provide for automatic voter registration through the Division of Motor Vehicles.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 814 BY RUBEL AN ACT1 RELATING TO REGISTRATION OF ELECTORS; PROVIDING A SHORT TITLE; AMENDING SEC-2 TION 34-404, IDAHO CODE, TO PROVIDE FOR REGISTRATION OF ELIGIBLE ELEC-3 TORS AT DRIVER'S LICENSING OFFICES AND TO PROVIDE THAT THE DIVISION OF4 MOTOR VEHICLES SHALL FORWARD REGISTRATION APPLICATIONS TO THE OFFICE OF5 THE COUNTY CLERK; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE6 DATE.7

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

SECTION 1. SHORT TITLE. This act shall be known and may be cited as the9 "Motor Voter Act."10

SECTION 2. That Section 34-404, Idaho Code, be, and the same is hereby11 amended to read as follows:12 34-404. REGISTRATION OF ELECTORS -- POLITICAL PARTY AFFILIATION --13 UNAFFILIATED DESIGNATION. (1) All electors must register before being able14 to vote at any primary, general, special, school or any other election gov-15 erned by the provisions of title 34, Idaho Code. Registration of a qualified16 person occurs when a legible, accurate and complete registration applica-17 tion and proof of identity and residence are received in the office of the18 county clerk or at the polls pursuant to section 34-408(3), 34-408A, or19 34-1012, Idaho Code.20 (2) The Idaho transportation department, through the division of motor21 vehicles and its driver's licensing offices, shall register to vote each22 eligible elector who applies for the issuance, renewal, or correction of any23 type of driver's license pursuant to chapter 3, title 49, Idaho Code, or for24 an identification card pursuant to sections 49-2442 and 49-2443, Idaho Code,25 by completing a registration application provided for in subsection (1) of26 this section for the eligible elector. Each driver's licensing office shall27 forward completed registration applications to the office of the county28 clerk on a weekly basis and on the business day prior to the closing of regis-29 tration. Registration applications remitted during closure of registration30 shall be held pursuant to section 34-408, Idaho Code. The division of motor31 vehicles shall provide for an elector to opt out of registration provided for32 in this subsection.33 (2) (3) Each elector may select on the registration application an af-34 filiation with a political party qualified to participate in elections pur-35 suant to section 34-501, Idaho Code, or may select to be designated as unaf-36 filiated. The county clerk shall record the party affiliation or unaffili-37 ated designation so selected as part of the elector's registration record.38 If an elector shall fail or refuse to make such a selection, the county clerk39 shall enter on the registration records that such elector is unaffiliated.40

2 (3) (4) In order to provide an elector with the appropriate primary1 election ballot, pursuant to section 34-904A, Idaho Code, the poll book for2 primary elections shall include the party affiliation or designation as3 unaffiliated for each elector so registered. An unaffiliated elector shall4 declare to the poll worker which primary election ballot the elector chooses5 to vote in, pursuant to section 34-904A, Idaho Code, and the poll worker or6 other authorized election personnel shall record such declaration in the7 poll book. The poll book shall contain checkoff boxes to allow the poll8 worker or other authorized election personnel to record such unaffiliated9 elector's selection.10

SECTION 3. An emergency existing therefor, which emergency is hereby11 declared to exist, this act shall be in full force and effect on and after12 July 1, 2026.13