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 ACT	1
RELATING TO ELECTIONS; AMENDING SECTION 22-2721, IDAHO CODE, TO REVISE CER-	2
TAIN ELECTION DATES; AMENDING SECTION 34-308, IDAHO CODE, TO REVISE A	3
PROVISION REGARDING THE MAILING OF CERTAIN BALLOTS; AMENDING SECTION	4
34-1410, IDAHO CODE, TO REVISE A PROVISION REGARDING CANVASSING OF	5
ELECTION RESULTS; 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. That Section 22-2721, Idaho Code, be, and the same is hereby	9
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. Elections	13
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 time	15
the supervisors of a district deem it necessary, upon majority vote of the	16
district board, they may increase the number of supervisors to seven (7) or	17
decrease the number of supervisors to five (5). If increased, the additional	18
supervisors shall then be appointed as outlined in this section until such	19
time as regular district elections for two (2) supervisors in each district.	20
At that time, those districts having seven (7) supervisors shall then elect	21
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 experience	23
qualified to perform the specialized services that will be required of them	24
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 reduce	26
the number of supervisors to five (5), there must either be two (2) vacant	27
positions on the board or two (2) of the supervisors must first volunteer to	28
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 soil	30
and water conservation commission. Such notification shall also be sent	31
to the secretary of state to ensure only two (2) or three (3) supervisors	32
shall be on the ballot for the next election cycle. All supervisors shall be	33
landowners or farmers of the district where they are elected or appointed and	34
shall be registered to vote in the state of Idaho.	35
(2) Within thirty (30) days after the date of issuance by the secretary	36
of state of a certificate of organization of a soil conservation district,	37
nominating petitions may be filed with the state soil and water conservation	38
commission to nominate candidates for supervisors of each district. The	39
county clerk shall conduct the election for the district in compliance with	40
chapter 14, title 34, Idaho Code, and shall be the election official for the	41
district. The election official shall have authority to extend the time	42

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within which nominating petitions may be filed. Nominating petitions shall	1
be filed with the secretary of the district, and no such nominating petition	2
shall be accepted by the election official unless it shall be subscribed	3
by not less than five (5) persons who are qualified electors owning land	4
or residing within the boundaries of the district. The election official	5
shall give due notice of an election to be held, subject to the provisions	6
of section 34-106, Idaho Code, for the election of three (3) supervisors for	7
the district. The names of all nominees on behalf of whom such nominating	8
petitions have been filed within the time herein designated shall appear	9
upon ballots, with directions to choose three (3) names to indicate the	10
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 elected	12
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 Monday	15
of November in each even-numbered odd-numbered year. Such elections shall	16
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 conservation	21
district shall issue certificates of election to each elected supervisor so	22
certified. The county clerk or county clerks of the county or counties in	23
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 district	25
election and must provide a process that allows only qualified electors of	26
the district to vote in that district's election.	27
(4) In any election for supervisor, if, after the deadline for filing	28
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 number	30
of supervisors to be elected, it shall not be necessary for the candidates to	31
stand for election. The board of supervisors shall declare such candidates	32
elected as supervisors, and the soil and water conservation district shall	33
immediately make and deliver to such persons certificates of election.	34
(5) The supervisors shall designate a chairman and may, from time to	35
time, change such designation. The term of office of each supervisor shall	36
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 be	38
designated to serve for terms of two (2) years. Vacancies shall be filled for	39
the unexpired term. The selection of successors to fill an unexpired term	40
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 the	42
supervisors shall certify the name of the appointed supervisor to the state	43
soil and water conservation commission. In the event supervisors fail to	44
appoint a replacement within ninety (90) days following a vacancy, and the	45
vacancy results in the loss of a quorum of the district board, the governor	46
shall appoint a replacement sufficient to reestablish a quorum of the dis-	47
trict board. The soil conservation district shall issue a certificate of	48
such appointment.	49

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(6) A quorum shall consist of three (3) supervisors for those districts	1
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 receive	6
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 the	10
state soil and water conservation commission, making project funds avail-	11
able from federal or other sources, a supervisor may receive compensation	12
not to exceed thirty-five dollars ($35.00) per day plus actual and necessary	13
expenses from project funds for services directly related to the project.	14
(8) The supervisors may employ a secretary, technical experts, and such	15
other officers, agents, and employees, permanent and temporary, as they may	16
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 legal	19
staff. The supervisors may delegate to their chairman, to one (1) or more	20
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 soil	22
and water conservation commission, upon request, copies of such ordinances,	23
rules, orders, contracts, forms and other documents as they shall adopt or	24
employ and such other information concerning the supervisors' activities as	25
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 for	28
all employees and officers entrusted with funds or property; shall provide	29
for the keeping of a full and accurate record of all proceedings and of all	30
resolutions and orders issued or adopted; and shall provide for independent	31
financial audits in accordance with the provisions of section 67-450B, Idaho	32
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 municipality	35
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, the	40
election for supervisor scheduled for November 2026 shall instead be held on	41
the Tuesday following the first Monday in November 2027 and shall be for a	42
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 in	44
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 hereby	46
amended to read as follows:	47
34-308. MAIL BALLOT PRECINCT. (1) A precinct within the county that	48
contains no more than one hundred forty (140) registered electors at the	49

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last general election may be designated by the board of county commissioners	1
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 within	3
the precinct until revoked by the board of county commissioners or until	4
the precinct contains one hundred fifty-one (151) registered electors at	5
the last general election. Having designated a mail ballot precinct, there	6
shall be no voting place established within the precinct. Elections in a	7
mail ballot precinct shall be conducted in a manner consistent with absentee	8
voting with the special provisions provided in this section.	9
(2) The clerk shall issue a ballot, by mail, to every registered voter	10
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 fourteenth	14
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, the	17
precinct integrity shall be maintained.	18
(5) The clerk shall make registration available in the office of the	19
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 clerk	21
shall provide an official polling place in the office of the clerk, and a	22
qualified elector who registers on election day and resides in a mail ballot	23
precinct shall be allowed to vote at the office of the clerk.	24
(6)(a) Except as provided in paragraph (b) of this subsection, electors	25
who have designated a political party affiliation pursuant to section	26
34-404, Idaho Code, shall receive the primary election ballot for that	27
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 election	30
ballot of a political party other than the political party such elector	31
is affiliated with if such other political party has provided notifica-	32
tion to the secretary of state that identifies the political party such	33
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 political	36
party's primary election ballot pursuant to section 34-904A, Idaho Code, the	37
county clerk shall mail a ballot request form for the primary election ballot	38
to the electors in a mail ballot precinct for the electors to use in selecting	39
the party ballot they choose to receive.	40
(a) In the event that more than one (1) political party allows electors	41
designated as "unaffiliated" to vote in their party's primary election	42
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's	45
primary election.	46
(b) In the event no more than one (1) political party allows electors	47
designated as "unaffiliated" to vote in their party's primary election	48
pursuant to section 34-904A, Idaho Code, an elector designated as "un-	49
affiliated" shall indicate on the form that political party's primary	50

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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 to	3
vote in a political party's primary election as provided for in section	4
34-904A, Idaho Code, such elector shall receive a nonpartisan ballot.	5
(d) If an elector designated as "unaffiliated" does not indicate on the	6
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 hereby	9
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 to	14
the clerk of each political subdivision for which an election was held. Each	15
political subdivision shall issue the appropriate certificates of election.	16
SECTION 4. An emergency existing therefor, which emergency is hereby	17
declared to exist, this act shall be in full force and effect on and after	18
July 1, 2026.	19

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