Amends 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. 873 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO ELECTIONS; AMENDING SECTION 22-2721, IDAHO CODE, TO REVISE CER-2 TAIN ELECTION DATES; AMENDING SECTION 34-308, IDAHO CODE, TO REVISE A3 PROVISION REGARDING THE MAILING OF CERTAIN BALLOTS; AMENDING SECTION4 34-1410, IDAHO CODE, TO REVISE A PROVISION REGARDING CANVASSING OF5 ELECTION RESULTS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE6 DATE.7

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

SECTION 1. That Section 22-2721, Idaho Code, be, and the same is hereby9 amended to read as follows:10 22-2721. ELECTION, APPOINTMENT, QUALIFICATIONS AND TENURE OF SUPER-11 VISORS. (1) The governing body of the district shall consist of five (5)12 supervisors, elected or appointed as provided in this chapter. Elections13 shall be conducted pursuant to the provisions of this section and the uni-14 form district election law, chapter 14, title 34, Idaho Code. If at any time15 the supervisors of a district deem it necessary, upon majority vote of the16 district board, they may increase the number of supervisors to seven (7) or17 decrease the number of supervisors to five (5). If increased, the additional18 supervisors shall then be appointed as outlined in this section until such19 time as regular district elections for two (2) supervisors in each district.20 At that time, those districts having seven (7) supervisors shall then elect21 four (4) supervisors for four (4) year terms. The two (2) supervisors ap-22 pointed by the district shall be persons who are by training and experience23 qualified to perform the specialized services that will be required of them24 in the performance of their duties. In the event the supervisors of a dis-25 trict, upon majority vote of the district board, deem it necessary to reduce26 the number of supervisors to five (5), there must either be two (2) vacant27 positions on the board or two (2) of the supervisors must first volunteer to28 give up their seats. Written notification of the reduction in supervisors,29 signed by the district board chairman, shall then be sent to the state soil30 and water conservation commission. Such notification shall also be sent31 to the secretary of state to ensure only two (2) or three (3) supervisors32 shall be on the ballot for the next election cycle. All supervisors shall be33 landowners or farmers of the district where they are elected or appointed and34 shall be registered to vote in the state of Idaho.35 (2) Within thirty (30) days after the date of issuance by the secretary36 of state of a certificate of organization of a soil conservation district,37 nominating petitions may be filed with the state soil and water conservation38 commission to nominate candidates for supervisors of each district. The39 county clerk shall conduct the election for the district in compliance with40 chapter 14, title 34, Idaho Code, and shall be the election official for the41 district. The election official shall have authority to extend the time42

2 within which nominating petitions may be filed. Nominating petitions shall1 be filed with the secretary of the district, and no such nominating petition2 shall be accepted by the election official unless it shall be subscribed3 by not less than five (5) persons who are qualified electors owning land4 or residing within the boundaries of the district. The election official5 shall give due notice of an election to be held, subject to the provisions6 of section 34-106, Idaho Code, for the election of three (3) supervisors for7 the district. The names of all nominees on behalf of whom such nominating8 petitions have been filed within the time herein designated shall appear9 upon ballots, with directions to choose three (3) names to indicate the10 voter's preference. The three (3) candidates who receive the largest num-11 ber, respectively, of the votes cast in such election shall be the elected12 supervisors for such district.13 (3) All elections in districts shall be conducted by the county clerk.14 Such election shall be held on the first Tuesday succeeding the first Monday15 of November in each even-numbered odd-numbered year. Such elections shall16 be in compliance with the provisions of chapter 14, title 34, Idaho Code,17 and shall be supervised and conducted by the county clerk. The cost of con-18 ducting such elections shall be borne by the county that conducted the elec-19 tion. The county clerk shall certify to the soil and water conservation dis-20 trict the names of the elected supervisors. The soil and water conservation21 district shall issue certificates of election to each elected supervisor so22 certified. The county clerk or county clerks of the county or counties in23 which the district is located shall conduct the election for the soil conser-24 vation district, and the county clerk must provide a ballot for the district25 election and must provide a process that allows only qualified electors of26 the district to vote in that district's election.27 (4) In any election for supervisor, if, after the deadline for filing28 a declaration of intent as a write-in candidate, it appears that the num-29 ber of qualified candidates who have been nominated is equal to the number30 of supervisors to be elected, it shall not be necessary for the candidates to31 stand for election. The board of supervisors shall declare such candidates32 elected as supervisors, and the soil and water conservation district shall33 immediately make and deliver to such persons certificates of election.34 (5) The supervisors shall designate a chairman and may, from time to35 time, change such designation. The term of office of each supervisor shall36 be four (4) years commencing on the first day of January next following elec-37 tion, except that the two (2) supervisors who are first appointed shall be38 designated to serve for terms of two (2) years. Vacancies shall be filled for39 the unexpired term. The selection of successors to fill an unexpired term40 or for a full term shall be made by a vote of the majority of the supervi-41 sors duly qualified and acting at the time the vacancy shall arise, and the42 supervisors shall certify the name of the appointed supervisor to the state43 soil and water conservation commission. In the event supervisors fail to44 appoint a replacement within ninety (90) days following a vacancy, and the45 vacancy results in the loss of a quorum of the district board, the governor46 shall appoint a replacement sufficient to reestablish a quorum of the dis-47 trict board. The soil conservation district shall issue a certificate of48 such appointment.49

3 (6) A quorum shall consist of three (3) supervisors for those districts1 with a total of five (5) supervisors and four (4) supervisors for those dis-2 tricts with a total of seven (7) supervisors, and the concurrence of a major-3 ity in any matter within their duties shall be required for its determina-4 tion. A supervisor shall be entitled to expenses, including travel expense,5 necessarily incurred in the discharge of duties. A supervisor shall receive6 no compensation for services from regular district funds, county funds au-7 thorized in section 22-2726, Idaho Code, or state funds authorized in sec-8 tion 22-2727, Idaho Code.9 (7) In the event the district has a special project, approved by the10 state soil and water conservation commission, making project funds avail-11 able from federal or other sources, a supervisor may receive compensation12 not to exceed thirty-five dollars ($35.00) per day plus actual and necessary13 expenses from project funds for services directly related to the project.14 (8) The supervisors may employ a secretary, technical experts, and such15 other officers, agents, and employees, permanent and temporary, as they may16 require and shall determine their qualifications, duties and compensation.17 The supervisors may call upon the attorney general of the state for such le-18 gal services as they may require or may employ their own counsel and legal19 staff. The supervisors may delegate to their chairman, to one (1) or more20 supervisors, or to one (1) or more agents or employees such powers and du-21 ties as they may deem proper. The supervisors shall furnish to the state soil22 and water conservation commission, upon request, copies of such ordinances,23 rules, orders, contracts, forms and other documents as they shall adopt or24 employ and such other information concerning the supervisors' activities as25 the commission may require in the performance of the commission's duties un-26 der this chapter.27 (9) The supervisors shall provide for the execution of surety bonds for28 all employees and officers entrusted with funds or property; shall provide29 for the keeping of a full and accurate record of all proceedings and of all30 resolutions and orders issued or adopted; and shall provide for independent31 financial audits in accordance with the provisions of section 67-450B, Idaho32 Code. Supervisors shall be subject to recall in accordance with the provi-33 sions of chapter 17, title 34, Idaho Code.34 (10) The supervisors may invite the legislative body of a municipality35 or county located near the territory comprised within the district to desig-36 nate a representative to advise and consult with the supervisors of the dis-37 trict on all questions of program and policy that may affect the property,38 water supply, or other interests of such municipality or county.39 (11) Notwithstanding any other provision of law to the contrary, the40 election for supervisor scheduled for November 2026 shall instead be held on41 the Tuesday following the first Monday in November 2027 and shall be for a42 term of four (4) years; and the election for supervisor scheduled for Novem-43 ber 2028 shall instead be held on the Tuesday following the first Monday in44 November 2029 and shall be for a term of four (4) years.45

SECTION 2. That Section 34-308, Idaho Code, be, and the same is hereby46 amended to read as follows:47 34-308. MAIL BALLOT PRECINCT. (1) A precinct within the county that48 contains no more than one hundred forty (140) registered electors at the49

4 last general election may be designated by the board of county commissioners1 as a mail ballot precinct no later than April 1 in an even-numbered year.2 Such a designation shall apply thereafter to all elections conducted within3 the precinct until revoked by the board of county commissioners or until4 the precinct contains one hundred fifty-one (151) registered electors at5 the last general election. Having designated a mail ballot precinct, there6 shall be no voting place established within the precinct. Elections in a7 mail ballot precinct shall be conducted in a manner consistent with absentee8 voting with the special provisions provided in this section.9 (2) The clerk shall issue a ballot, by mail, to every registered voter10 in a mail ballot precinct and shall affix postage to the return envelope suf-11 ficient to return the ballot.12 (3) The ballot shall be mailed no sooner than twenty-four (24) forty-13 five (45) days prior to the election day and no later than the fourteenth14 eleventh day prior to the election.15 (4) The clerk shall make necessary provisions to segregate mail bal-16 lot precinct ballots by precinct and, for all purposes of the election, the17 precinct integrity shall be maintained.18 (5) The clerk shall make registration available in the office of the19 clerk on election day for any individual who is eligible to vote and who re-20 sides in a mail ballot precinct and has not previously registered. The clerk21 shall provide an official polling place in the office of the clerk, and a22 qualified elector who registers on election day and resides in a mail ballot23 precinct shall be allowed to vote at the office of the clerk.24 (6)(a) Except as provided in paragraph (b) of this subsection, electors25 who have designated a political party affiliation pursuant to section26 34-404, Idaho Code, shall receive the primary election ballot for that27 party pursuant to sections 34-904 and 34-904A, Idaho Code.28 (b) Electors who have designated a political party affiliation pur-29 suant to section 34-404, Idaho Code, may receive the primary election30 ballot of a political party other than the political party such elector31 is affiliated with if such other political party has provided notifica-32 tion to the secretary of state that identifies the political party such33 elector is affiliated with, as provided for in section 34-904A(2)(b),34 Idaho Code.35 (7) For "unaffiliated" electors, in order to receive a political36 party's primary election ballot pursuant to section 34-904A, Idaho Code, the37 county clerk shall mail a ballot request form for the primary election ballot38 to the electors in a mail ballot precinct for the electors to use in selecting39 the party ballot they choose to receive.40 (a) In the event that more than one (1) political party allows electors41 designated as "unaffiliated" to vote in their party's primary election42 pursuant to section 34-904A, Idaho Code, an elector designated as "un-43 affiliated" shall indicate on the form such elector's choice of the po-44 litical party's primary election ballot in order to vote in that party's45 primary election.46 (b) In the event no more than one (1) political party allows electors47 designated as "unaffiliated" to vote in their party's primary election48 pursuant to section 34-904A, Idaho Code, an elector designated as "un-49 affiliated" shall indicate on the form that political party's primary50

5 election ballot in order to vote in that political party's primary elec-1 tion.2 (c) If an elector designated as "unaffiliated" is not permitted to3 vote in a political party's primary election as provided for in section4 34-904A, Idaho Code, such elector shall receive a nonpartisan ballot.5 (d) If an elector designated as "unaffiliated" does not indicate on the6 form a choice of political party's primary election ballot, such elec-7 tor shall receive a nonpartisan ballot.8

SECTION 3. That Section 34-1410, Idaho Code, be, and the same is hereby9 amended to read as follows:10 34-1410. CANVASSING OF ELECTION RESULTS. The board of county commis-11 sioners shall conduct the canvass of the election results within ten (10)12 nine (9) days after the election, in the manner provided in chapter 12, ti-13 tle 34, Idaho Code. The county clerk shall certify the election results to14 the clerk of each political subdivision for which an election was held. Each15 political subdivision shall issue the appropriate certificates of election.16

SECTION 4. An emergency existing therefor, which emergency is hereby17 declared to exist, this act shall be in full force and effect on and after18 July 1, 2026.19