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 ACT	1
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 OF	4
MOTOR VEHICLES SHALL FORWARD REGISTRATION APPLICATIONS TO THE OFFICE OF	5
THE COUNTY CLERK; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE	6
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 the	9
"Motor Voter Act."	10
SECTION 2. That Section 34-404, Idaho Code, be, and the same is hereby	11
amended to read as follows:	12
34-404. REGISTRATION OF ELECTORS -- POLITICAL PARTY AFFILIATION --	13
UNAFFILIATED DESIGNATION. (1) All electors must register before being able	14
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 qualified	16
person occurs when a legible, accurate and complete registration applica-	17
tion and proof of identity and residence are received in the office of the	18
county clerk or at the polls pursuant to section 34-408(3), 34-408A, or	19
34-1012, Idaho Code.	20
(2) The Idaho transportation department, through the division of motor	21
vehicles and its driver's licensing offices, shall register to vote each	22
eligible elector who applies for the issuance, renewal, or correction of any	23
type of driver's license pursuant to chapter 3, title 49, Idaho Code, or for	24
an identification card pursuant to sections 49-2442 and 49-2443, Idaho Code,	25
by completing a registration application provided for in subsection (1) of	26
this section for the eligible elector. Each driver's licensing office shall	27
forward completed registration applications to the office of the county	28
clerk on a weekly basis and on the business day prior to the closing of regis-	29
tration. Registration applications remitted during closure of registration	30
shall be held pursuant to section 34-408, Idaho Code. The division of motor	31
vehicles shall provide for an elector to opt out of registration provided for	32
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 clerk	39
shall enter on the registration records that such elector is unaffiliated.	40

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(3) (4) In order to provide an elector with the appropriate primary	1
election ballot, pursuant to section 34-904A, Idaho Code, the poll book for	2
primary elections shall include the party affiliation or designation as	3
unaffiliated for each elector so registered. An unaffiliated elector shall	4
declare to the poll worker which primary election ballot the elector chooses	5
to vote in, pursuant to section 34-904A, Idaho Code, and the poll worker or	6
other authorized election personnel shall record such declaration in the	7
poll book. The poll book shall contain checkoff boxes to allow the poll	8
worker or other authorized election personnel to record such unaffiliated	9
elector's selection.	10
SECTION 3. An emergency existing therefor, which emergency is hereby	11
declared to exist, this act shall be in full force and effect on and after	12
July 1, 2026.	13

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