IDAHO STATUE TITLE 34
Any person who is eighteen years of age is a citizen of the United States and who has resided in this state and in this county at least thirty days next preceding the election at which he desires to vote, and who is registered as required by law. (Proof of residency would be any bill, driver's license, or document that shows you have lived in Fremont County for at least 30 days prior to any election).
Residence for voting purposes shall be the principal or primary home or place of abode of a person. Principal or primary homes or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence there from, regardless of the duration of absence.
In determining what is a principal or primary place of abode of a person the following circumstances relating to such person may be taken into account:
- Business pursuits
- Income sources
- Motor vehicle registration
- Residence form income and other tax pursuits
- Residence of parents, spouse and children, if any
- Situs of personal and real property
- Situs of residence for which the exemption in section §63-602G, Idaho Code, is filed
A qualified elector who has left his home and gone into another state or territory or county in this state for a temporary purpose only shall not be considered to have lost his residence.
A qualified elector shall not be considered to have gained a residence in any county or city of this state into which he comes for temporary purposes only, without the intention of making it his home, but with the intention of leaving it when he has accomplished the purpose that brought him here.
If a qualified elector moves to another state with the intention of making it his permanent home, he shall be considered to have lost his residence in this state.
The voter registration cards of all electors who are qualified to appear and vote at the designated polling place.
An individual who is eligible to vote may register on election day appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration card, making an oath in the form prescribed by the Secretary of State and providing proof of residence. An individual may prove residence for purposed of registering by:
- Showing a driver's license or Idaho identification card issued through the Department of Transportation
- Showing any document which contains a valid address in the precinct together with a picture identification card
- Showing a current valid student identification card from a post-secondary educational institution in Idaho accompanied with a current student fee statement that contains the student's valid address in the precinct together a picture identification card.
Election Day registration provided in this section shall apply to all elections. Conducted under Title 34, Idaho Code, and to school district and municipal elections.
You must make an application to vote by absentee in the Clerk's Office, which is the absent elector's polling place. Any registered elector may make written application to the County Clerk, or other proper officer charged by law with the duty of issuing official ballots of such election, for an official ballot or ballots of the kinds to be voted on at the election. The application shall contain the name of the elector, his/her home address, county, and the address to which the ballot shall be forwarded.
The application for an absent elector's ballot shall be signed. The applications shall be filed with the County Clerk. The application for an absentee ballot to be mailed to the elector shall be filed with the County not later than 5 pm on the 6th day prior to the election. An application for an in-person absentee voting in the Clerk's office, as described in Section §34-1006, Idaho Code, shall be filed with the County Clerk.
You may request an absentee ballot application using a facsimile machine. Again your request must have your written signature for it to be valid. The fax number to send these requests is 208-624-7335.
In the event a registered elector is unable to vote in person at his designated polling place on the day of election because of an emergency situation which rendered him physically unable, he may nevertheless apply for an absent elector's ballot on the day of election by notifying the County Clerk's office. No person, may, however, be entitled to vote under an emergency situation unless the situation claimed rendered him physically unable to vote at his designated polling place within 96 hours prior to the closing of the polls.
A person may make application for an absent elector's ballot by use of a properly executed federal post card application as provided for in the laws of the United States, known as the Uniformed and Overseas Citizen's Absentee Voting Act. A properly executed federal post card application, if received prior to the primary election, shall be considered as a request for an absent elector's ballot for both the primary and the general election. The issuing officer shall keep as part of the records of his office a list of all applications so received and the manner and time of delivery or mailing to and receipt of the returned ballot.
Any elector may register by mail for any election. Any mail registration application must be received by the County Clerk prior to the close of registration provided in Section §34-408, Idaho Code, provided that any mail registration application postmarked not later that twenty-five (25) days prior to an election shall be deemed timely.
The County Clerk shall prepare and issue by first class non-forwardable mail to each elector registering by mail a verification of registration containing the name and residence of the elector and the name or number of the precinct in which the elector resides.
A verification returned undeliverable shall cause the County Clerk to remove the elector's card from the register of electors.
The return envelope shall be mailed or delivered to the Clerk's office; provided, that an absentee ballot must be received by the election clerk by 8 pm on the day of the election before such ballot may be counted.
Any returned voted ballots that the Clerk's office received after will not be counted. It is very important when mailing your absentee ballot that it is mailed back as soon as possible to insure the ballot will be counted.
Fremont County uses the "Optical Scan" method of counting ballots. This is an automated machine that counts both front and back of the ballot electronically. It will stop on any authorized "write in ballot" and on any blank ballot.
There shall be no more than four elections conducted in any county in any calendar year, except as provided in this section, and except that elections to fill vacancies in the U.S. House of Representatives shall be held as provided in the governor's proclamation.
The dates on which elections may be conducted are:
- The first Tuesday in February of each year
- The fourth Tuesday in May of each year
- The first Tuesday in August of each year
- The Tuesday following the first Monday in November of each year
Candidates for election in any political subdivision shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the office for which the nomination is made, the term of which the nomination is made, bear the signature of not less that five electors of the candidate's specific zone or district of the political subdivision, and be filed with the election official of the political subdivision. The form of the nominating petition shall be provided by the County Clerk and shall be uniform for all political subdivisions. The election official shall verify the qualifications of the nominees and shall, no more than seven days after the close of filing certify the nominees and any special questions placed by action of the governing board of the political subdivision.