LEGISLATURE OF THE STATE OF IDAHO
Sixty-sixth Legislature Second Regular Session - 2022
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 707
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO VOTER REGISTRATION; AMENDING SECTION 34-409, IDAHO CODE, TO
3 REVISE A PROVISION REGARDING VERIFICATION OF VOTER REGISTRATION AND
4 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 34-411, IDAHO CODE,
5 TO REVISE PROVISIONS REGARDING INFORMATION IN VOTER REGISTRATION AP-
6 PLICATIONS; AMENDING SECTION 34-420, IDAHO CODE, TO REVISE A PROVISION
7 REGARDING CANCELLATION OF AN ELECTOR'S REGISTRATION; AMENDING SECTION
8 74-106, IDAHO CODE, TO REVISE A PROVISION REGARDING THE DISCLOSURE OF
9 CERTAIN VOTER REGISTRATION INFORMATION AND TO MAKE A TECHNICAL CORREC-
10 TION; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 34-409, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 34-409. ELECTRONIC REGISTRATION. (1) The office of the secretary of
15 state may create and maintain an electronic system for voter registration
16 that is publicly available on its official website. Any qualified elector
17 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 voter
20 registration application electronically through such website. Electronic
21 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 form
24 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 identifi-
28 cation before voting at the polls as set forth in sections 34-1113 and
29 34-1114, Idaho Code; and
30 (c) Require an electronic signature of the applicant.
31 (3) The office of the secretary of state shall obtain a digital copy
32 of the applicant's driver's license or identification card signature from
33 the Idaho transportation department. The Idaho transportation department
34 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 a
38 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 county
41 in which the applicant resides. The county clerk shall prepare and issue to
42 each elector registering electronically a verification of registration con-
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1 taining the name and residence of the elector and the name or number of the
2 precinct in which the elector resides. Such verification of registration
3 may shall be sent by nonforwardable first-class first class mail or by elec-
4 tronic mail at the elector's option. If a verification is returned undeliv-
5 erable, then the county clerk shall remove the elector from the register of
6 electors.
7 (5) An applicant using the electronic system for voter registration
8 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 electronically
12 submitted voter registration application.
13 SECTION 2. That Section 34-411, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 34-411. APPLICATION FOR REGISTRATION -- CONTENTS. (1) Each elector
16 who requests registration shall supply the following information under oath
17 or affirmation:
18 (a) Full name as it appears in the documentation required pursuant to
19 paragraph (h) of this subsection and sex.;
20 (b) Mailing address, residence address or any other necessary informa-
21 tion definitely locating the elector's residence.;
22 (c) The period of time preceding the date of registration during which
23 the elector has resided in the state.;
24 (d) Whether or not the elector is a citizen.;
25 (e) That the elector is under no legal disqualifications to vote.;
26 (f) The county and state where the elector was previously registered,
27 if any.;
28 (g) Date of birth.; and
29 (h) Current driver's license number or identification card issued
30 by the Idaho transportation department. In the absence of an Idaho
31 driver's license or state-issued identification card, the last four (4)
32 digits of the elector's social security number.
33 (2) As provided for in section 34-404, Idaho Code, each elector shall
34 select an affiliation with a political party qualified to participate in
35 elections pursuant to section 34-501, Idaho Code, or select to be desig-
36 nated as "unaffiliated" The selection of party affiliation or designation
37 as "unaffiliated" shall be maintained within the voter registration sys-
38 tem as provided for in section 34-437A, Idaho Code. If an elector shall
39 fail or refuse to make such a selection, the county clerk shall record as
40 "unaffiliated" such elector within the voter registration system as pro-
41 vided for in section 34-437A, Idaho Code.
42 (3) Any elector who shall supply supplies any information under subsec-
43 tion (1) of this section, knowing it to be false, is guilty of perjury.
44 (4) Each elector who requests registration may, at the elector's op-
45 tion, supply the elector's telephone number or email address. If the tele-
46 phone number or email address is supplied by the elector, the telephone num-
47 ber such information shall not be available to the public.
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1 SECTION 3. That Section 34-420, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 34-420. NO ELECTOR'S REGISTRATION SHALL BE CANCELED WHILE SERVING IN
4 THE ARMED FORCES -- EXCEPTIONS. Except as provided in sections 34-419 and
5 34-435, Idaho Code, or for registering to vote in another jurisdiction, no
6 elector's registration shall be canceled, nor shall he be deprived of his
7 right to vote at any election by reason of the removal of his official reg-
8 istration application from the register of electors, during any period that
9 he is serving in the armed forces of the United States or of any ally of the
10 United States.
11 SECTION 4. That Section 74-106, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 74-106. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PER-
14 SONAL INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following
15 records are exempt from disclosure:
16 (1) Except as provided in this subsection, all personnel records of
17 a current or former public official other than the public official's pub-
18 lic service or employment history, classification, pay grade and step,
19 longevity, gross salary and salary history, including bonuses, severance
20 packages, other compensation or vouchered and unvouchered expenses for
21 which reimbursement was paid, status, workplace and employing agency. All
22 other personnel information relating to a public employee or applicant
23 including, but not limited to, information regarding sex, race, marital
24 status, birth date, home address and telephone number, social security num-
25 ber, driver's license number, applications, testing and scoring materials,
26 grievances, correspondence and performance evaluations, shall not be dis-
27 closed to the public without the employee's or applicant's written consent.
28 Names of applicants to classified or merit system positions shall not be dis-
29 closed to the public without the applicant's written consent. Disclosure of
30 names as part of a background check is permitted. Names of the five (5) final
31 applicants to all other positions shall be available to the public. If such
32 group is less than five (5) finalists, then the entire list of applicants
33 shall be available to the public. A public official or authorized represen-
34 tative may inspect and copy his personnel records, except for material used
35 to screen and test for employment.
36 (2) Retired employees' and retired public officials' home addresses,
37 home telephone numbers and other financial and nonfinancial membership
38 records; active and inactive member financial and membership records and
39 mortgage portfolio loan documents maintained by the public employee retire-
40 ment system. Financial statements prepared by retirement system staff,
41 funding agents and custodians concerning the investment of assets of the
42 public employee retirement system of Idaho are not considered confidential
43 under this chapter.
44 (3) Information and records submitted to the Idaho state lottery for
45 the performance of background investigations of employees, lottery retail-
46 ers and major procurement contractors; audit records of lottery retailers,
47 vendors and major procurement contractors submitted to or performed by the
48 Idaho state lottery; validation and security tests of the state lottery for
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1 lottery games; business records and information submitted pursuant to sec-
2 tions 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such docu-
3 ments and information obtained and held for the purposes of lottery security
4 and investigative action as determined by lottery rules unless the public
5 interest in disclosure substantially outweighs the private need for protec-
6 tion from public disclosure.
7 (4) Records of a personal nature as follows:
8 (a) Records of personal debt filed with a public agency or independent
9 public body corporate and politic pursuant to law;
10 (b) Personal bank records compiled by a public depositor for the pur-
11 pose of public funds transactions conducted pursuant to law;
12 (c) Records of ownership of financial obligations and instruments of a
13 public agency or independent public body corporate and politic, such as
14 bonds, compiled by the public agency or independent public body corpo-
15 rate and politic pursuant to law;
16 (d) Records, with regard to the ownership of, or security interests in,
17 registered public obligations;
18 (e) Vital statistics records;
19 (f) Military records as described in and pursuant to section 65-301,
20 Idaho Code;
21 (g) Social security numbers; and
22 (h) The following personal data identifiers for an individual may be
23 disclosed only in the following redacted format:
24 (i) The initials of any minor children of the individual;
25 (ii) A date of birth in substantially the following format:
26 "XX/XX/birth year";
27 (iii) The last four (4) digits of a financial account number in
28 substantially the following format: "XXXXX1234";
29 (iv) The last four (4) digits of a driver's license number or
30 state-issued personal identification card number in substan-
31 tially the following format: "XXXXX350F"; and
32 (v) The last four (4) digits of an employer identification number
33 or business's taxpayer identification number.
34 (5) Information in an income or other tax return measured by items of
35 income or sales, which is gathered by a public agency for the purpose of ad-
36 ministering the tax, except such information to the extent disclosed in a
37 written decision of the tax commission pursuant to a taxpayer protest of a
38 deficiency determination by the tax commission, under the provisions of sec-
39 tion 63-3045B, Idaho Code.
40 (6) Records of a personal nature related directly or indirectly to the
41 application for and provision of statutory services rendered to persons
42 applying for public care for people who are elderly, indigent or have mental
43 or physical disabilities, or participation in an environmental or a public
44 health study, provided the provisions of this subsection making records
45 exempt from disclosure shall not apply to the extent that such records or
46 information contained in those records are necessary for a background check
47 on an individual that is required by federal law regulating the sale of
48 firearms, guns or ammunition.
49 (7) Employment security information, except that a person may agree,
50 through written, informed consent, to waive the exemption so that a third
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1 party may obtain information pertaining to the person, unless access to the
2 information by the person is restricted by subsection (3)(a), (3)(b) or
3 (3)(d) of section 74-113, Idaho Code. Notwithstanding the provisions of
4 section 74-113, Idaho Code, a person may not review identifying information
5 concerning an informant who reported to the department of labor a suspected
6 violation by the person of the employment security law, chapter 13, title 72,
7 Idaho Code, under an assurance of confidentiality. As used in this section
8 and in chapter 13, title 72, Idaho Code, "employment security information"
9 means any information descriptive of an identifiable person or persons that
10 is received by, recorded by, prepared by, furnished to or collected by the
11 department of labor or the industrial commission in the administration of
12 the employment security law.
13 (8) Any personal records, other than names, business addresses and
14 business phone numbers, such as parentage, race, religion, sex, height,
15 weight, tax identification and social security numbers, financial worth or
16 medical condition submitted to any public agency or independent public body
17 corporate and politic pursuant to a statutory requirement for licensing,
18 certification, permit or bonding.
19 (9) Unless otherwise provided by agency rule, information obtained as
20 part of an inquiry into a person's fitness to be granted or retain a license,
21 certificate, permit, privilege, commission or position, private associa-
22 tion peer review committee records authorized in title 54, Idaho Code. Any
23 agency that has records exempt from disclosure under the provisions of this
24 subsection shall annually make available a statistical summary of the number
25 and types of matters considered and their disposition.
26 (10) The records, findings, determinations and decisions of any prelit-
27 igation screening panel formed under chapters 10 and 23, title 6, Idaho Code.
28 (11) Complaints received by the board of medicine and investigations
29 and informal proceedings, including informal proceedings of any committee
30 of the board of medicine, pursuant to chapter 18, title 54, Idaho Code, and
31 rules adopted thereunder.
32 (12) Records of the department of health and welfare or a public health
33 district that identify a person infected with a reportable disease.
34 (13) Records of hospital care, medical records, including prescrip-
35 tions, drug orders, records or any other prescription information that
36 specifically identifies an individual patient, prescription records main-
37 tained by the board of pharmacy under sections 37-2726 and 37-2730A, Idaho
38 Code, records of psychiatric care or treatment and professional counseling
39 records relating to an individual's condition, diagnosis, care or treat-
40 ment, provided the provisions of this subsection making records exempt from
41 disclosure shall not apply to the extent that such records or information
42 contained in those records are necessary for a background check on an indi-
43 vidual that is required by federal law regulating the sale of firearms, guns
44 or ammunition.
45 (14) Information collected pursuant to the directory of new hires act,
46 chapter 16, title 72, Idaho Code.
47 (15) Personal information contained in motor vehicle and driver records
48 that is exempt from disclosure under the provisions of chapter 2, title 49,
49 Idaho Code.
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1 (16) Records of the financial status of prisoners pursuant to subsec-
2 tion (2) of section 20-607, Idaho Code.
3 (17) Records of the Idaho state police or department of correction re-
4 ceived or maintained pursuant to section 19-5514, Idaho Code, relating to
5 DNA databases and databanks.
6 (18) Records of the department of health and welfare relating to a sur-
7 vey, resurvey or complaint investigation of a licensed nursing facility
8 shall be exempt from disclosure. Such records shall, however, be subject to
9 disclosure as public records as soon as the facility in question has received
10 the report, and no later than the fourteenth day following the date that de-
11 partment of health and welfare representatives officially exit the facility
12 pursuant to federal regulations. Provided however, that for purposes of
13 confidentiality, no record shall be released under this section that specif-
14 ically identifies any nursing facility resident.
15 (19) Records and information contained in the registry of immunizations
16