In order for an election to be held, various preliminary steps need to be taken. These steps include the collection of signatures on a petition, the presentation of these petitions to the county commissioners, notification of a hearing to be held by the county commissioners, the county commissioner hearing itself, the issuance of an order by the county commissioners, the publication of an election notice by the county clerk, and the election itself, which will be held at the next uniform election date in May or November.
Each of these steps must be taken within a certain time frame. Carrying out any of the steps too early or too late could lead to an earlier or later election date than desired. It is therefore vital to create an election calendar that lists the time for each step in the process. Please feel free to use the form that we have developed for creating an election calendar.
Reality Check
To create the election calendar, begin with your desired election date.
- The first notice of the election must be published by the county at least twelve (12) calendar days prior to the election. A second notice must be published not later than five (5) days before the election. So, count back five days for the second notice and twelve days for the first notice. Remember that these are the last days on which these activities can take place; they can be completed earlier, and indeed may have to be if the official paper for your county is a weekly. [See I.C. § 34-602.]
- The order of the county commissioners stating the boundaries and the name of the new library district must be made no more than ten (10) days after the hearing. [See I.C. § 33-2706.]
- The hearing must be held no less than three (3) weeks and no later than six (6) weeks after the petitions have been submitted to the commissioners and filed with the county clerk. [See I.C. § 33-2704(2).]
- Notice of the hearing must be published at least once a week for two weeks before the hearing. [See I.C. § 33-2704(2).]
- Allow a minimum of two (2) weeks to secure the signatures needed on the petition. (The actual time will depend on the number of people you have circulating petitions and the number of signatures that you aim to obtain.) [See I.C. § 33-2704(1).]
- If the Idaho State Tax Commission agrees to review the legal description and map, you will need to give them copies at least six (6) weeks before the petitions are passed. If the Tax Commission does not agree to review the legal descriptions, you will need to employ the services of a qualified attorney.
In case the county commissioners will take the full time available to them to carry out their functions, this means the petitions should be submitted to them no less than nine (9) weeks before the election date. However, this calendar should be part of the Working Group’s discussion with the county commissioners and county clerk in the Planning Phase, and so the actual dates that will go onto your calendar will depend on that discussion.
