Amends and repeals existing law regarding a voter's affidavit in lieu of identification.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1237 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO VOTERS; REPEALING SECTION 34-1114, IDAHO CODE, RELATING TO A2 VOTER'S AFFIDAVIT IN LIEU OF PERSONAL IDENTIFICATION; AMENDING SECTION3 34-409, IDAHO CODE, TO REMOVE A CODE REFERENCE AND TO MAKE TECHNICAL4 CORRECTIONS; AMENDING SECTION 34-1012, IDAHO CODE, TO REMOVE A CODE5 REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 34-1106,6 IDAHO CODE, TO REMOVE A PROVISION REGARDING PERSONAL IDENTIFICATION AF-7 FIDAVITS AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE8 DATE.9

Be It Enacted by the Legislature of the State of Idaho:10

SECTION 1. That Section 34-1114, Idaho Code, be, and the same is hereby11 repealed.12

SECTION 2. That Section 34-409, Idaho Code, be, and the same is hereby13 amended to read as follows:14 34-409. ELECTRONIC REGISTRATION. (1) The office of the secretary of15 state may create and maintain an electronic system for voter registration16 that is publicly available on its official website. Any qualified elector17 who has a current valid driver's license or identification card issued pur-18 suant to title 49, Idaho Code, that reflects the person's current princi-19 pal place of residence, may register to vote by submitting a completed voter20 registration application electronically through such website. Electronic21 voter registration applications shall be submitted before the close of reg-22 istration as provided in section 34-408, Idaho Code.23 (2) The electronic voter registration application shall be in a form24 prescribed by the secretary of state and shall:25 (a) Require the information under oath or affirmation set forth in sec-26 tion 34-411, Idaho Code;27 (b) Include notice of the requirement to provide personal identifica-28 tion before voting at the polls as set forth in sections section 34-111329 and 34-1114, Idaho Code; and30 (c) Require an electronic signature of the applicant.31 (3) The office of the secretary of state shall obtain a digital copy32 of the applicant's driver's license or identification card signature from33 the Idaho transportation department. The Idaho transportation department34 shall, upon request of the office of the secretary of state, provide a dig-35 ital copy of the applicant's driver's license or identification card signa-36 ture.37 (4) Upon receipt of a completed voter registration application and a38 digital copy of the applicant's driver's license or identification card sig-39 nature from the Idaho transportation department, the office of the secre-40 tary of state shall send the information to the county clerk for the county41

2 in which the applicant resides. The county clerk shall prepare and issue to1 each elector registering electronically a verification of registration con-2 taining the name and residence of the elector and the name or number of the3 precinct in which the elector resides. Such verification of registration4 may be sent by nonforwardable first-class first class mail or by electronic5 mail at the elector's option. If a verification is returned undeliverable,6 then the county clerk shall remove the elector from the register of electors.7 (5) An applicant using the electronic system for voter registration8 pursuant to this section shall not be required to complete a printed regis-9 tration card.10 (6) The office of the secretary of state shall use such security mea-11 sures necessary to ensure the accuracy and integrity of an electronically12 submitted voter registration application.13

SECTION 3. That Section 34-1012, Idaho Code, be, and the same is hereby14 amended to read as follows:15 34-1012. ALTERNATIVE PROCEDURES FOR ABSENTEE VOTING -- EARLY VOT-16 ING. (1) Those counties that utilize absentee voting facilities that have17 access to the Idaho statewide voter registration system and count ballots at18 a central location or utilize a polling location-based tabulation system may19 elect to conduct "early voting" according to the provisions of this section.20 For those counties that elect to do "early voting," early voting shall begin21 on or after the fourth Monday before the election and end at 5:00 p.m. on22 the Friday before the election. Primary election ballots shall be issued23 pursuant to section 34-1002(2), Idaho Code.24 (2) A voter who appears at an "early voting" station to vote shall state25 his or her name and address to the election official and present the voter's26 identification as required by sections section 34-1113 and 34-1114, Idaho27 Code.28 (3) The election official shall examine the records to ascertain29 whether or not such applicant is registered and lawfully entitled to vote30 as requested. The provisions of section 34-408A, Idaho Code, authorizing31 election day registration shall also apply in determining the applicant's32 qualifications to vote.33 (4) Before receiving a ballot, each elector shall sign his or her name34 in the election register and poll book provided for early voting.35 (5) The elector shall then be given the appropriate ballots contain-36 ing the official election ballot identification pursuant to section 34-901,37 Idaho Code, and shall be given folding instructions for such ballots, if ap-38 propriate.39 (6) Upon receipt of the ballots, the elector shall retire to a vacant40 voting booth and mark the ballots according to the instructions provided.41 (7) After marking the ballot, the elector shall present himself or her-42 self to the election official at the ballot box and state his or her name and43 address. The elector shall then deposit the ballot in the ballot box or hand44 it to the election official, who shall deposit it. The election official45 shall then record that the elector has voted and proclaim the same in an audi-46 ble voice.47 (8) Voters requiring assistance shall be provided with such assistance48 in accordance with section 34-1108, Idaho Code.49

3 (9) Electioneering is prohibited at an early voting polling place as1 provided in section 18-2318, Idaho Code.2

SECTION 4. That Section 34-1106, Idaho Code, be, and the same is hereby3 amended to read as follows:4 34-1106. SIGNING COMBINATION ELECTION RECORD AND POLL BOOK -- DELIV-5 ERY OF BALLOT TO ELECTOR. (1) An elector desiring to vote shall state his6 name and address to the judge or clerk in charge of the combination election7 record and poll book.8 (2) Before receiving his ballot, each elector shall sign his name in9 the combination election record and poll book following his name therein10 and show a valid photo identification as provided for in section 34-1113,11 Idaho Code, or personal identification affidavit as provided for in section12 34-1114, Idaho Code.13 (3) No person shall knowingly sign his name in the combination election14 record and poll book if his residence address is not within that precinct at15 the time of signing.16 (4) If the residence address of a person contained in the combination17 election record and poll book is incorrectly given due to an error in prepa-18 ration of the combination election record and poll book, the judge shall as-19 certain the correct address and make the necessary correction.20 (5) The elector shall then be given the appropriate ballots which that21 have been marked with the official election ballot identification and shall22 be given folding instructions for such ballots.23

SECTION 5. This act shall be in full force and effect on and after Jan-24 uary 1, 2027.25