Amends, repeals, and adds to existing law to revise provisions regarding the election of commissioners in certain single countywide highway districts.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1302 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO SINGLE COUNTYWIDE HIGHWAY DISTRICTS; AMENDING SECTION 40-1404A,2 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE ELECTION OF SINGLE COUN-3 TYWIDE HIGHWAY DISTRICT COMMISSIONERS; AMENDING SECTION 34-625, IDAHO4 CODE, TO REVISE A PROVISION REGARDING A CERTAIN DECLARATION OF CAN-5 DIDACY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 34-625A,6 IDAHO CODE, TO REVISE A PROVISION REGARDING A CERTAIN DECLARATION OF7 CANDIDACY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 34-702,8 IDAHO CODE, TO PROVIDE FOR CERTAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT9 ELECTIONS; AMENDING SECTION 34-702A, IDAHO CODE, TO PROVIDE FOR CERTAIN10 SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS; AMENDING SECTION 34-703,11 IDAHO CODE, TO PROVIDE FOR CERTAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT12 ELECTIONS; AMENDING SECTION 34-704, IDAHO CODE, TO PROVIDE FOR CERTAIN13 SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS; AMENDING SECTION 34-705,14 IDAHO CODE, TO PROVIDE FOR CERTAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT15 ELECTIONS; AMENDING SECTION 34-706, IDAHO CODE, TO PROVIDE FOR CERTAIN16 SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS AND TO MAKE TECHNICAL COR-17 RECTIONS; AMENDING SECTION 34-708, IDAHO CODE, TO PROVIDE FOR CERTAIN18 SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS AND TO MAKE A TECHNICAL19 CORRECTION; AMENDING SECTION 34-712, IDAHO CODE, TO PROVIDE FOR CER-20 TAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS; AMENDING SECTION21 34-714, IDAHO CODE, TO PROVIDE FOR CERTAIN SINGLE COUNTYWIDE HIGHWAY22 DISTRICT ELECTIONS; AMENDING SECTION 34-715, IDAHO CODE, TO PROVIDE FOR23 CERTAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS; AMENDING SECTION24 34-905A, IDAHO CODE, TO REVISE PROVISIONS REGARDING CERTAIN HIGHWAY25 DISTRICT BALLOTS; REPEALING SECTION 34-905A, IDAHO CODE, RELATING TO26 NONPARTISAN BALLOTS FOR ELECTION OF HIGHWAY DISTRICT COMMISSIONERS AND27 PLURALITY REQUIRED FOR ELECTION; AMENDING CHAPTER 9, TITLE 34, IDAHO28 CODE, BY THE ADDITION OF A NEW SECTION 34-905A, IDAHO CODE, TO PRO-29 VIDE FOR NONPARTISAN BALLOTS FOR ELECTION OF CERTAIN HIGHWAY DISTRICT30 COMMISSIONERS AND TO REQUIRE PLURALITY FOR ELECTION; AND DECLARING AN31 EMERGENCY AND PROVIDING EFFECTIVE DATES.32

Be It Enacted by the Legislature of the State of Idaho:33

SECTION 1. That Section 40-1404A, Idaho Code, be, and the same is hereby34 amended to read as follows:35 40-1404A. ELECTIONS, TERMS AND SALARIES OF COMMISSIONERS IN CERTAIN36 COUNTYWIDE HIGHWAY DISTRICTS. (1) In countywide highway districts located37 in a county with a population of more than two hundred thousand (200,000)38 persons in which the voters have chosen to establish a countywide highway39 district at a previous election, the county shall be divided by the county40 commissioners immediately upon the effective date of this act into five (5)41 subdistricts, which shall be as nearly equal in population as practicable.42

2 No precincts shall be divided. A highway district commissioner shall be a1 resident of the subdistrict which that he represents. Voters in each sub-2 district shall vote only for one (1) candidate seeking to represent that3 each subdistrict. County commissioners, mayors and city council members4 shall not be eligible to hold office as a countywide highway district com-5 missioner. At the election held in 1998, commissioners representing subdis-6 tricts two and five shall be elected for two (2) year terms and commissioners7 representing subdistricts three and four shall be elected for four (4) year8 terms. Thereafter, all commissioners shall be elected for four (4) year9 terms. Any incumbent in office on the effective date of this act may complete10 the term to which they were elected and shall represent the subdistrict in11 which they reside. Any incumbent in office on the effective date of this act12 whose term expires on January 1, 2000, shall retain that office until January13 1, 2000, shall be assigned the subdistrict in which they reside by the county14 commissioners, which subdistrict shall be numbered one as provided in this15 section, and that commissioner need not stand for election in 1998.16 (2) A qualified voter of the countywide highway district shall be eli-17 gible to vote for a each of the countywide highway district commissioner re-18 siding in the elector's subdistrict commissioner offices, and the election19 shall be conducted as provided by Idaho statutes relating to holding general20 elections at the county level.21 (3) Beginning with the elections of 2028, the election of highway dis-22 trict commissioners in a highway district subject to the provisions of this23 section shall include primary elections pursuant to the provisions of chap-24 ter 7, title 34, Idaho Code.25 (4) The highway commissioners shall take office on January 1 of the year26 immediately following their election, and each may be compensated in accor-27 dance with the provisions of section 40-1314, Idaho Code, or receive a salary28 not to exceed one thousand two hundred dollars ($1,200) per calendar month,29 with the exception of the president of the highway commissioners who may re-30 ceive a salary not to exceed one thousand four hundred dollars ($1,400) per31 calendar month.32

SECTION 2. That Section 34-625, Idaho Code, be, and the same is hereby33 amended to read as follows:34 34-625. ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN SINGLE COUNTY-35 WIDE DISTRICTS -- QUALIFICATIONS -- DECLARATION OF CANDIDACY. (1) In each36 general election, highway district commissioners in single countywide dis-37 tricts shall be elected as provided for in section 40-1404, Idaho Code.38 (2) No person shall be elected to the office of highway district commis-39 sioner unless he shall have attained the age of twenty-one (21) years at the40 time of his election, is a citizen of the United States, and shall be a res-41 ident of the highway district commissioner's subdistrict for which he seeks42 office.43 (3) Each candidate shall file a declaration of candidacy with the44 county clerk during the time period provided in section 34-1404, Idaho Code.45 Each declaration of candidacy shall also state the candidate's political46 party affiliation or status as unaffiliated and bear the following words:47 "I am a resident within the boundaries of Highway District Commissioner's48 Subdistrict Number....."49

3 (4) Each candidate who files a declaration of candidacy shall at the1 same time pay a filing fee of ten dollars ($10.00), which shall be deposited2 in the county current expense fund.3

SECTION 3. That Section 34-625A, Idaho Code, be, and the same is hereby4 amended to read as follows:5 34-625A. ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN CERTAIN SINGLE6 COUNTYWIDE DISTRICTS -- QUALIFICATIONS -- DECLARATION OF CANDIDACY. (1) In7 each general election, highway district commissioners in single countywide8 districts shall be elected as provided for in section 40-1404A, Idaho Code.9 (2) No person shall be elected to the office of highway district commis-10 sioner unless he shall have attained the age of twenty-one (21) years at the11 time of his election, is a citizen of the United States, and shall be a res-12 ident of the highway district commissioner's subdistrict for which he seeks13 office.14 (3) Each candidate shall file a declaration of candidacy with the15 county clerk during the time period provided in section 34-1404, Idaho Code.16 Each declaration of candidacy shall also state the candidate's political17 party affiliation or status as unaffiliated and bear the following words:18 "I am a resident within the boundaries of Highway District Commissioner's19 Subdistrict Number....."20 (4) Each candidate who files a declaration of candidacy shall at the21 same time pay a filing fee of ten dollars ($10.00), which shall be deposited22 in the county current expense fund.23

SECTION 4. That Section 34-702, Idaho Code, be, and the same is hereby24 amended to read as follows:25 34-702. REQUIREMENTS FOR WRITE-IN CANDIDATES AT PRIMARY. (1) In addi-26 tion to possessing all other qualifications, in order to become a candidate27 of a political party at the general election, those candidates whose names28 are written in at the primary election must:29 (a) Receive at least the following number of write-in votes at the pri-30 mary election:31 (i) One thousand (1,000) for any statewide office;32 (ii) Five hundred (500) for a congressional district office;33 (iii) Fifty (50) for a legislative district office; or34 (iv) Five (5) for a county office or a single countywide highway35 district office pursuant to section 40-1404A, Idaho Code; and36 (b) File a declaration of intent for that office, pursuant to section37 34-702A, Idaho Code.38 (2) Candidates who are required to file with the secretary of state39 shall pay the filing fee required for that office no later than the deadline40 for filing a declaration of intent pursuant to section 34-702A, Idaho Code,41 or shall file a petition pursuant to section 34-626, Idaho Code.42 (3) No write-ins shall be allowed for judicial office.43

SECTION 5. That Section 34-702A, Idaho Code, be, and the same is hereby44 amended to read as follows:45

4 34-702A. DECLARATION OF INTENT FOR WRITE-IN CANDIDATES. (1) No1 write-in vote for any office in a primary, special, or general election shall2 be counted unless a completed declaration of intent form has been filed indi-3 cating that the person desires the office and is legally qualified to assume4 the duties of said office if elected.5 (2) The declaration of intent for write-in candidates for federal,6 state, or legislative district offices shall be filed with the secretary7 of state no later than 5:00 p.m. on the eleventh Friday before the primary8 election.9 (3) The declaration of intent for write-in candidates for county10 office, single countywide highway district office pursuant to section11 40-1404A, Idaho Code, or party precinct committeeman office shall be filed12 with the county clerk no later than 5:00 p.m. on the ninth Friday before the13 primary election.14 (4) For a write-in candidate for president, the declaration shall in-15 clude a certification of the write-in candidate's vice presidential and16 presidential electors, all of whom must be qualified to serve in their re-17 spective offices. The secretary of state shall prescribe the form for said18 declarations.19 (5) In those counties that utilize optical scan ballots, an elector20 shall not place on the ballot a sticker bearing the name of a person or use any21 other method or device, except writing, to vote for a person whose name is not22 printed on the ballot.23

SECTION 6. That Section 34-703, Idaho Code, be, and the same is hereby24 amended to read as follows:25 34-703. NOMINATION AT PRIMARY. (1) All political party candidates for26 United States senator and representative in congress and all political party27 candidates for elective state, district, single countywide highway district28 pursuant to section 40-1404A, Idaho Code, and county offices, except can-29 didates for judicial office, at general elections shall be nominated at the30 primary elections, or shall have their names placed on the general election31 ballot as provided by law, and shall comply with the provisions of this act.32 (2) All candidates for judicial office shall be nominated or elected at33 the primary election, as provided by section 34-1217, Idaho Code.34 (3) Independent candidates shall not be voted on at primary elections.35

SECTION 7. That Section 34-704, Idaho Code, be, and the same is hereby36 amended to read as follows:37 34-704. DECLARATION OF CANDIDACY. (1) Any person legally qualified to38 hold such office is entitled to become a candidate and file a declaration of39 candidacy. All political party candidates shall declare their party affili-40 ation in their declaration of candidacy and shall be affiliated with a party41 at the time of filing. A candidate shall be deemed affiliated with the po-42 litical party if the candidate submits a party affiliation form along with43 the declaration of candidacy to the appropriate filing official. The fil-44 ing official shall reject any declaration of candidacy for partisan office45 in a primary election from candidates who are not affiliated with a political46

5 party. Candidates for nonpartisan office shall file during the period pro-1 vided for in this section.2 (2) Each political party candidate for federal, state, or legislative3 district office shall file a declaration of candidacy with the secretary of4 state's office between 8:00 a.m. on the thirteenth Monday before the primary5 election and 5:00 p.m. on the twelfth Friday before the primary election.6 (3) Each political party candidate for county office, single county-7 wide highway district office pursuant to section 40-1404A, Idaho Code, or8 precinct committeeman office shall file a declaration of candidacy with the9 county clerk's office between 8:00 a.m. on the twelfth Monday before the10 primary election and 5:00 p.m. on the tenth Friday before the primary elec-11 tion.12 (4) Candidates who file a declaration of candidacy under a party name13 and are not nominated at the primary election shall not be allowed to appear14 on the general election ballot under any other political party name or as an15 independent candidate.16 (5) Independent candidates shall file their declaration of candidacy17 in the manner provided in section 34-708, Idaho Code.18 (6) All information in declarations of candidacy shall be made publicly19 available upon request, except that the Idaho residential street address and20 telephone number of a judicial officer may be exempt from disclosure pur-21 suant to sections 19-6202 and 74-106(30), Idaho Code.22

SECTION 8. That Section 34-705, Idaho Code, be, and the same is hereby23 amended to read as follows:24 34-705. WITH WHOM DECLARATIONS FILED. (1) All candidates for county25 offices and single countywide highway district offices pursuant to section26 40-1404A, Idaho Code, whether political party candidates or independent27 candidates, and all political party candidates for precinct offices shall28 file their declarations of candidacy with the county clerk of their respec-29 tive counties. All candidates for district, state and federal offices shall30 file their declarations of candidacy with the secretary of state.31 (2) The secretary of state shall certify to the county clerks, no later32 than 5:00 p.m. on the tenth Friday before the primary election, the names of33 the political party candidates who filed for federal, state, and legislative34 district offices and are qualified for placement on the ballot.35 (3) The secretary of state shall certify the name of a candidate being36 appointed by the appropriate central committee pursuant to section 34-714,37 Idaho Code, by no later than the next business day after the appointment is38 received in the secretary of state's office, if received after the certifi-39 cation of candidates to the county clerks under subsection (2) of this sec-40 tion.41

SECTION 9. That Section 34-706, Idaho Code, be, and the same is hereby42 amended to read as follows:43 34-706. NOTIFICATION TO PARTIES. Within three (3) days after the dead-44 line for filing declarations of political party candidacy, the county clerk45 shall notify the county central committee of each political party of the can-46 didates who have filed for county offices, single countywide highway dis-47

6 trict offices pursuant to section 40-1404A, Idaho Code, and precinct offices1 under the party name and are qualified.2 Within three (3) days after the deadline for filing declarations of po-3 litical party candidacy, the secretary of state shall notify the legislative4 district central committee of each political party of the legislative candi-5 dates who have filed under the party name and are qualified.6 Within three (3) days after the deadline for filing declarations of po-7 litical party candidacy, the secretary of state shall notify the state cen-8 tral committee of each political party of the candidates who have filed for9 federal and state offices under the party name and are qualified.10

SECTION 10. That Section 34-708, Idaho Code, be, and the same is hereby11 amended to read as follows:12 34-708. INDEPENDENT CANDIDATES. (1) No person may offer himself as an13 independent candidate at the primary election.14 (2) Any person who desires to offer himself as an independent candi-15 date for federal, state, district, single countywide highway district pur-16 suant to section 40-1404A, Idaho Code, or county office may do so by com-17 plying strictly with the provisions of this section. In order to be recog-18 nized as an independent candidate, each such candidate must file with the19 proper officer as provided by section 34-705, Idaho Code, a declaration of20 candidacy as an independent candidate, during the period specified in sec-21 tion 34-704, Idaho Code. Such declaration must state that he is offering22 himself as an independent candidate, must declare that he has no political23 party affiliation, and must declare the office for which he seeks election.24 Each such declaration must be accompanied by a petition containing the fol-25 lowing number of signatures of qualified electors:26 (a) One thousand (1,000) for any statewide office;27 (b) Five hundred (500) for any congressional district office;28 (c) Fifty (50) for any legislative district office; or29 (d) Five (5) for any county office or a single countywide highway dis-30 trict office pursuant to section 40-1404A, Idaho Code.31 (3) Signatures on the petitions required in this section shall be veri-32 fied in the manner prescribed in section 34-1807, Idaho Code, on a form simi-33 lar to that used for recall petitions under chapter 17, title 34, Idaho Code,34 as prescribed by the secretary of state.35 (4) If all of the requirements of this section have been met, the proper36 officer shall cause the name of each independent candidate who has qualified37 to be placed on the general election ballot, according to instructions of the38 secretary of state.39

SECTION 11. That Section 34-712, Idaho Code, be, and the same is hereby40 amended to read as follows:41 34-712. SAMPLE FORM FOR PRIMARY ELECTION BALLOTS. The secretary of42 state shall provide the sample form of the primary election ballot to each of43 the county clerks no later than the ninth Friday before the primary election.44 The sample ballot shall contain the proper political party candidates to be45 voted on within the county whose declarations were filed and certified in46 the office of the secretary of state with instructions for the placing of po-47

7 litical party candidates seeking the political party nomination for county1 offices, single countywide highway district offices pursuant to section2 40-1404A, Idaho Code, and precinct offices. If a county is within more than3 one (1) legislative district, the secretary of state shall provide a sample4 ballot for each legislative district that includes part of the county.5

SECTION 12. That Section 34-714, Idaho Code, be, and the same is hereby6 amended to read as follows:7 34-714. FILLING VACANCIES IN SLATE OF POLITICAL PARTY CANDIDATES8 OCCURRING PRIOR TO PRIMARY ELECTION. (1) Vacancies that occur before the9 primary election in the slate of candidates of any political party because10 of the death, disqualification for any reason, or withdrawal from the nom-11 ination process by the candidate shall be filled in the following manner if12 there is only one (1) candidate declared for that particular office:13 (a) By the county central committee if the vacancy occurs for the office14 of precinct committeeman, or for a county office, or a single countywide15 highway district office pursuant to section 40-1404A, Idaho Code.16 (b) By the legislative district central committee if the vacancy occurs17 for the office of state representative or state senator.18 (c) By the state central committee if the vacancy occurs for a federal19 or state office.20 The county and legislative district central committee shall fill the21 vacancy within fifteen (15) days from the date the vacancy occurred. The22 state central committee shall fill the vacancy within thirty (30) days from23 the date the vacancy occurred, but no later than 5:00 p.m. on the eighth24 Friday before the primary election.25 Any political party candidate so appointed by the proper central com-26 mittee must, in order to have his name on the primary ballot, file a declara-27 tion of candidacy and pay the required filing fee no later than 5:00 p.m. on28 the eighth Friday before the primary election.29 (2) No central committee shall fill any vacancy that occurs after 5:0030 p.m. on the eighth Friday before the primary election. Vacancies that oc-31 cur after this date because of the death, disqualification for any reason, or32 withdrawal from the nomination process by the candidate shall be filled ac-33 cording to the provisions of section 34-715, Idaho Code.34 (3) Vacancies that occur in a slate of candidates for precinct com-35 mitteeman after 5:00 p.m. on the eighth Friday before the primary election36 shall not be filled.37

SECTION 13. That Section 34-715, Idaho Code, be, and the same is hereby38 amended to read as follows:39 34-715. FILLING OF VACANCIES OCCURRING BEFORE OR AFTER PRIMARY ELEC-40 TION. (1) Vacancies that occur after 5:00 p.m. on the eighth Friday before a41 primary election, or after the primary election but before 5:00 p.m. on the42 eighth Friday before the general election in the slate of candidates of any43 political party because of the death or disqualification for any reason of a44 candidate, except candidates for precinct committeeman, shall be filled in45 the following manner if there is only one (1) candidate declared from the po-46 litical party for that particular office:47

8 (a) By the county central committee if it is a vacancy by a candidate for1 a county office or a single countywide highway district office pursuant2 to section 40-1404A, Idaho Code.3 (b) By the legislative district central committee if it is a vacancy by4 a candidate for the state legislature.5 (c) By the state central committee if it is a vacancy by a candidate for6 a federal or a state office.7 (d) If the party candidate for a particular office dies or is disquali-8 fied after 5:00 p.m. on the eighth Friday before the general election,9 such candidate's name shall remain on the ballot. If the deceased or10 disqualified candidate wins the general election, the resulting va-11 cancy shall be filled pursuant to chapter 9, title 59, Idaho Code.12 (2) The county and legislative district central committee shall fill13 the vacancy within fifteen (15) days from the date the vacancy occurred. The14 state central committee shall fill the vacancy within thirty (30) days from15 the date the vacancy occurred, but no later than 5:00 p.m. on the eighth Fri-16 day before the general election.17 (3) Any political party candidate so appointed by the proper central18 committee must, in order to have his name on the general ballot, file a dec-19 laration of candidacy and pay the required filing fee no later than 5:00 p.m.20 on the eighth Friday before the general election.21 (4) Vacancies that occur in a slate of candidates for precinct com-22 mitteeman after 5:00 p.m. on the eighth Friday before the primary election23 shall not be filled.24

SECTION 14. That Section 34-905A, Idaho Code, be, and the same is hereby25 amended to read as follows:26 34-905A. NONPARTISAN BALLOTS FOR ELECTION OF HIGHWAY DISTRICT COM-27 MISSIONERS -- PLURALITY REQUIRED FOR ELECTION. There shall be a single28 nonpartisan ballot for the election of highway district commissioners in29 each highway district. The ballot shall designate the highway district30 commissioners subdistrict, and the names of all candidates for that office31 shall be listed thereon. The ballot shall also contain the words: "Vote for32 One," followed by the names of the candidates for the office. For candidates33 running for highway district commissioner of a single countywide highway34 district office pursuant to section 40-1404A, Idaho Code, the ballot shall35 list the party affiliation or status as unaffiliated for each candidate as36 indicated on each candidate's declaration of candidacy. The candidate with37 the most votes shall be declared the successful candidate.38

SECTION 15. That Section 34-905A, Idaho Code, be, and the same is hereby39 repealed.40

SECTION 16. That Chapter 9, Title 34, Idaho Code, be, and the same is41 hereby amended by the addition thereto of a NEW SECTION, to be known and des-42 ignated as Section 34-905A, Idaho Code, and to read as follows:43 34-905A. NONPARTISAN BALLOTS FOR ELECTION OF CERTAIN HIGHWAY DISTRICT44 COMMISSIONERS -- PLURALITY REQUIRED FOR ELECTION. There shall be a single45 nonpartisan ballot for the election of highway district commissioners in46

9 each highway district. The ballot shall designate the highway district1 commissioners subdistrict, and the names of all candidates for that office2 shall be listed thereon. The ballot shall also contain the words: "Vote for3 One," followed by the names of the candidates for the office. The candidate4 with the most votes shall be declared the successful candidate. The provi-5 sions of this section shall not apply to the election of commissioners of a6 single countywide highway district organized pursuant to chapter 14, title7 40, Idaho Code.8

SECTION 17. An emergency existing therefor, which emergency is hereby9 declared to exist, Sections 2, 3, and 14 of this act shall be in full force and10 effect on and after passage and approval; Sections 1 and 4 through 13 of this11 act shall be in full force and effect on and after July 1, 2026; and Sections12 15 and 16 of this act shall be in full force and effect on and after January 1,13 2027.14