Amends 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. 1356 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 34-702, IDAHO4 CODE, TO PROVIDE FOR CERTAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT ELEC-5 TIONS; AMENDING SECTION 34-702A, IDAHO CODE, TO PROVIDE FOR CERTAIN6 SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS; AMENDING SECTION 34-703,7 IDAHO CODE, TO PROVIDE FOR CERTAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT8 ELECTIONS; AMENDING SECTION 34-704, IDAHO CODE, TO PROVIDE FOR CERTAIN9 SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS; AMENDING SECTION 34-705,10 IDAHO CODE, TO PROVIDE FOR CERTAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT11 ELECTIONS; AMENDING SECTION 34-706, IDAHO CODE, TO PROVIDE FOR CERTAIN12 SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS AND TO MAKE TECHNICAL COR-13 RECTIONS; AMENDING SECTION 34-708, IDAHO CODE, TO PROVIDE FOR CERTAIN14 SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS AND TO MAKE A TECHNICAL15 CORRECTION; AMENDING SECTION 34-712, IDAHO CODE, TO PROVIDE FOR CER-16 TAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS; AMENDING SECTION17 34-714, IDAHO CODE, TO PROVIDE FOR CERTAIN SINGLE COUNTYWIDE HIGHWAY18 DISTRICT ELECTIONS; AMENDING SECTION 34-715, IDAHO CODE, TO PROVIDE FOR19 CERTAIN SINGLE COUNTYWIDE HIGHWAY DISTRICT ELECTIONS; AMENDING SECTION20 34-905A, IDAHO CODE, TO REVISE PROVISIONS REGARDING CERTAIN HIGHWAY21 DISTRICT BALLOTS; AND DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE22 DATES.23

Be It Enacted by the Legislature of the State of Idaho:24

SECTION 1. That Section 40-1404A, Idaho Code, be, and the same is hereby25 amended to read as follows:26 40-1404A. ELECTIONS, TERMS AND SALARIES OF COMMISSIONERS IN CERTAIN27 COUNTYWIDE HIGHWAY DISTRICTS. (1) In countywide highway districts located28 in a county with a population of more than two hundred thousand (200,000)29 persons in which the voters have chosen to establish a countywide highway30 district at a previous election, the county shall be divided by the county31 commissioners immediately upon the effective date of this act into five (5)32 subdistricts, which shall be as nearly equal in population as practicable.33 No precincts shall be divided. A highway district commissioner shall be a34 resident of the subdistrict which that he represents. Voters in each sub-35 district shall vote only for one (1) candidate seeking to represent that36 each subdistrict. County commissioners, mayors and city council members37 shall not be eligible to hold office as a countywide highway district com-38 missioner. At the election held in 1998, commissioners representing subdis-39 tricts two and five shall be elected for two (2) year terms and commissioners40 representing subdistricts three and four shall be elected for four (4) year41 terms. Thereafter, all commissioners shall be elected for four (4) year42

2 terms. Any incumbent in office on the effective date of this act may complete1 the term to which they were elected and shall represent the subdistrict in2 which they reside. Any incumbent in office on the effective date of this act3 whose term expires on January 1, 2000, shall retain that office until January4 1, 2000, shall be assigned the subdistrict in which they reside by the county5 commissioners, which subdistrict shall be numbered one as provided in this6 section, and that commissioner need not stand for election in 1998.7 (2) A qualified voter of the countywide highway district shall be eli-8 gible to vote for a each of the countywide highway district commissioner re-9 siding in the elector's subdistrict commissioner offices, and the election10 shall be conducted as provided by Idaho statutes relating to holding general11 elections at the county level.12 (3) Beginning with the elections of 2028, the election of highway dis-13 trict commissioners in a highway district subject to the provisions of this14 section shall include primary elections pursuant to the provisions of chap-15 ter 7, title 34, Idaho Code.16 (4) The highway commissioners shall take office on January 1 of the year17 immediately following their election, and each may be compensated in accor-18 dance with the provisions of section 40-1314, Idaho Code, or receive a salary19 not to exceed one thousand two hundred dollars ($1,200) per calendar month,20 with the exception of the president of the highway commissioners who may re-21 ceive a salary not to exceed one thousand four hundred dollars ($1,400) per22 calendar month.23

SECTION 2. 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 3. That Section 34-702A, Idaho Code, be, and the same is hereby44 amended to read as follows:45 34-702A. DECLARATION OF INTENT FOR WRITE-IN CANDIDATES. (1) No46 write-in vote for any office in a primary, special, or general election shall47

3 be counted unless a completed declaration of intent form has been filed indi-1 cating that the person desires the office and is legally qualified to assume2 the duties of said office if elected.3 (2) The declaration of intent for write-in candidates for federal,4 state, or legislative district offices shall be filed with the secretary5 of state no later than 5:00 p.m. on the eleventh Friday before the primary6 election.7 (3) The declaration of intent for write-in candidates for county8 office, single countywide highway district office pursuant to section9 40-1404A, Idaho Code, or party precinct committeeman office shall be filed10 with the county clerk no later than 5:00 p.m. on the ninth Friday before the11 primary election.12 (4) For a write-in candidate for president, the declaration shall in-13 clude a certification of the write-in candidate's vice presidential and14 presidential electors, all of whom must be qualified to serve in their re-15 spective offices. The secretary of state shall prescribe the form for said16 declarations.17 (5) In those counties that utilize optical scan ballots, an elector18 shall not place on the ballot a sticker bearing the name of a person or use any19 other method or device, except writing, to vote for a person whose name is not20 printed on the ballot.21

SECTION 4. That Section 34-703, Idaho Code, be, and the same is hereby22 amended to read as follows:23 34-703. NOMINATION AT PRIMARY. (1) All political party candidates for24 United States senator and representative in congress and all political party25 candidates for elective state, district, single countywide highway district26 pursuant to section 40-1404A, Idaho Code, and county offices, except can-27 didates for judicial office, at general elections shall be nominated at the28 primary elections, or shall have their names placed on the general election29 ballot as provided by law, and shall comply with the provisions of this act.30 (2) All candidates for judicial office shall be nominated or elected at31 the primary election, as provided by section 34-1217, Idaho Code.32 (3) Independent candidates shall not be voted on at primary elections.33

SECTION 5. That Section 34-704, Idaho Code, be, and the same is hereby34 amended to read as follows:35 34-704. DECLARATION OF CANDIDACY. (1) Any person legally qualified to36 hold such office is entitled to become a candidate and file a declaration of37 candidacy. All political party candidates shall declare their party affili-38 ation in their declaration of candidacy and shall be affiliated with a party39 at the time of filing. A candidate shall be deemed affiliated with the po-40 litical party if the candidate submits a party affiliation form along with41 the declaration of candidacy to the appropriate filing official. The fil-42 ing official shall reject any declaration of candidacy for partisan office43 in a primary election from candidates who are not affiliated with a political44 party. Candidates for nonpartisan office shall file during the period pro-45 vided for in this section.46

4 (2) Each political party candidate for federal, state, or legislative1 district office shall file a declaration of candidacy with the secretary of2 state's office between 8:00 a.m. on the thirteenth Monday before the primary3 election and 5:00 p.m. on the twelfth Friday before the primary election.4 (3) Each political party candidate for county office, single county-5 wide highway district office pursuant to section 40-1404A, Idaho Code, or6 precinct committeeman office shall file a declaration of candidacy with the7 county clerk's office between 8:00 a.m. on the twelfth Monday before the8 primary election and 5:00 p.m. on the tenth Friday before the primary elec-9 tion.10 (4) Candidates who file a declaration of candidacy under a party name11 and are not nominated at the primary election shall not be allowed to appear12 on the general election ballot under any other political party name or as an13 independent candidate.14 (5) Independent candidates shall file their declaration of candidacy15 in the manner provided in section 34-708, Idaho Code.16 (6) All information in declarations of candidacy shall be made publicly17 available upon request, except that the Idaho residential street address and18 telephone number of a judicial officer may be exempt from disclosure pur-19 suant to sections 19-6202 and 74-106(30), Idaho Code.20

SECTION 6. That Section 34-705, Idaho Code, be, and the same is hereby21 amended to read as follows:22 34-705. WITH WHOM DECLARATIONS FILED. (1) All candidates for county23 offices and single countywide highway district offices pursuant to section24 40-1404A, Idaho Code, whether political party candidates or independent25 candidates, and all political party candidates for precinct offices shall26 file their declarations of candidacy with the county clerk of their respec-27 tive counties. All candidates for district, state and federal offices shall28 file their declarations of candidacy with the secretary of state.29 (2) The secretary of state shall certify to the county clerks, no later30 than 5:00 p.m. on the tenth Friday before the primary election, the names of31 the political party candidates who filed for federal, state, and legislative32 district offices and are qualified for placement on the ballot.33 (3) The secretary of state shall certify the name of a candidate being34 appointed by the appropriate central committee pursuant to section 34-714,35 Idaho Code, by no later than the next business day after the appointment is36 received in the secretary of state's office, if received after the certifi-37 cation of candidates to the county clerks under subsection (2) of this sec-38 tion.39

SECTION 7. That Section 34-706, Idaho Code, be, and the same is hereby40 amended to read as follows:41 34-706. NOTIFICATION TO PARTIES. Within three (3) days after the dead-42 line for filing declarations of political party candidacy, the county clerk43 shall notify the county central committee of each political party of the can-44 didates who have filed for county offices, single countywide highway dis-45 trict offices pursuant to section 40-1404A, Idaho Code, and precinct offices46 under the party name and are qualified.47

5 Within three (3) days after the deadline for filing declarations of po-1 litical party candidacy, the secretary of state shall notify the legislative2 district central committee of each political party of the legislative candi-3 dates who have filed under the party name and are qualified.4 Within three (3) days after the deadline for filing declarations of po-5 litical party candidacy, the secretary of state shall notify the state cen-6 tral committee of each political party of the candidates who have filed for7 federal and state offices under the party name and are qualified.8

SECTION 8. That Section 34-708, Idaho Code, be, and the same is hereby9 amended to read as follows:10 34-708. INDEPENDENT CANDIDATES. (1) No person may offer himself as an11 independent candidate at the primary election.12 (2) Any person who desires to offer himself as an independent candi-13 date for federal, state, district, single countywide highway district pur-14 suant to section 40-1404A, Idaho Code, or county office may do so by com-15 plying strictly with the provisions of this section. In order to be recog-16 nized as an independent candidate, each such candidate must file with the17 proper officer as provided by section 34-705, Idaho Code, a declaration of18 candidacy as an independent candidate, during the period specified in sec-19 tion 34-704, Idaho Code. Such declaration must state that he is offering20 himself as an independent candidate, must declare that he has no political21 party affiliation, and must declare the office for which he seeks election.22 Each such declaration must be accompanied by a petition containing the fol-23 lowing number of signatures of qualified electors:24 (a) One thousand (1,000) for any statewide office;25 (b) Five hundred (500) for any congressional district office;26 (c) Fifty (50) for any legislative district office; or27 (d) Five (5) for any county office or a single countywide highway dis-28 trict office pursuant to section 40-1404A, Idaho Code.29 (3) Signatures on the petitions required in this section shall be veri-30 fied in the manner prescribed in section 34-1807, Idaho Code, on a form simi-31 lar to that used for recall petitions under chapter 17, title 34, Idaho Code,32 as prescribed by the secretary of state.33 (4) If all of the requirements of this section have been met, the proper34 officer shall cause the name of each independent candidate who has qualified35 to be placed on the general election ballot, according to instructions of the36 secretary of state.37

SECTION 9. That Section 34-712, Idaho Code, be, and the same is hereby38 amended to read as follows:39 34-712. SAMPLE FORM FOR PRIMARY ELECTION BALLOTS. The secretary of40 state shall provide the sample form of the primary election ballot to each of41 the county clerks no later than the ninth Friday before the primary election.42 The sample ballot shall contain the proper political party candidates to be43 voted on within the county whose declarations were filed and certified in44 the office of the secretary of state with instructions for the placing of po-45 litical party candidates seeking the political party nomination for county46 offices, single countywide highway district offices pursuant to section47

6 40-1404A, Idaho Code, and precinct offices. If a county is within more than1 one (1) legislative district, the secretary of state shall provide a sample2 ballot for each legislative district that includes part of the county.3

SECTION 10. That Section 34-714, Idaho Code, be, and the same is hereby4 amended to read as follows:5 34-714. FILLING VACANCIES IN SLATE OF POLITICAL PARTY CANDIDATES6 OCCURRING PRIOR TO PRIMARY ELECTION. (1) Vacancies that occur before the7 primary election in the slate of candidates of any political party because8 of the death, disqualification for any reason, or withdrawal from the nom-9 ination process by the candidate shall be filled in the following manner if10 there is only one (1) candidate declared for that particular office:11 (a) By the county central committee if the vacancy occurs for the office12 of precinct committeeman, or for a county office, or a single countywide13 highway district office pursuant to section 40-1404A, Idaho Code.14 (b) By the legislative district central committee if the vacancy occurs15 for the office of state representative or state senator.16 (c) By the state central committee if the vacancy occurs for a federal17 or state office.18 The county and legislative district central committee shall fill the19 vacancy within fifteen (15) days from the date the vacancy occurred. The20 state central committee shall fill the vacancy within thirty (30) days from21 the date the vacancy occurred, but no later than 5:00 p.m. on the eighth22 Friday before the primary election.23 Any political party candidate so appointed by the proper central com-24 mittee must, in order to have his name on the primary ballot, file a declara-25 tion of candidacy and pay the required filing fee no later than 5:00 p.m. on26 the eighth Friday before the primary election.27 (2) No central committee shall fill any vacancy that occurs after 5:0028 p.m. on the eighth Friday before the primary election. Vacancies that oc-29 cur after this date because of the death, disqualification for any reason, or30 withdrawal from the nomination process by the candidate shall be filled ac-31 cording to the provisions of section 34-715, Idaho Code.32 (3) Vacancies that occur in a slate of candidates for precinct com-33 mitteeman after 5:00 p.m. on the eighth Friday before the primary election34 shall not be filled.35

SECTION 11. That Section 34-715, Idaho Code, be, and the same is hereby36 amended to read as follows:37 34-715. FILLING OF VACANCIES OCCURRING BEFORE OR AFTER PRIMARY ELEC-38 TION. (1) Vacancies that occur after 5:00 p.m. on the eighth Friday before a39 primary election, or after the primary election but before 5:00 p.m. on the40 eighth Friday before the general election in the slate of candidates of any41 political party because of the death or disqualification for any reason of a42 candidate, except candidates for precinct committeeman, shall be filled in43 the following manner if there is only one (1) candidate declared from the po-44 litical party for that particular office:45

7 (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 12. 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. The candidate33 with the most votes shall be declared the successful candidate. The provi-34 sions of this section shall not apply to the election of commissioners of a35 single countywide highway district organized pursuant to chapter 14, title36 40, Idaho Code.37

SECTION 13. An emergency existing therefor, which emergency is hereby38 declared to exist, Sections 1 through 11 of this act shall be in full force39 and effect on and after July 1, 2026; and Section 12 of this act shall be in40 full force and effect on and after January 1, 2027.41