Depending on the type of districting project, local officials have certain activities that they are required by law to complete.
Establishment or Annexation/Combination. After a successful election to establish a new district or an annexation/combination (which is treated as an establishment), the board of county commissioners has the following duties to perform:
- They must receive certified election results no more than three (3) days following the election from the board(s) of elections.
- No more than seven (7) days following the election, they must canvass the results. [See Idaho Code § 33-2705.]
- They must issue an order creating the district or amending its boundaries, depending on the kind of districting project. In cases where territory from more than one county is included in the district, only the home county commissioners issue this order. Other counties must certify their results to the board of county commissioners of the home county. We have provided a sample order.
- In cases where the new district takes in parts of more than one county, the county commissioners of the home county must canvass all the results and send a certified copy of the creation order to the county commissioners of all other counties that have territory in the district.
- The county commissioners are also responsible for sending a copy of this order to the county recorder, the county assessor, and the Idaho State Tax Commission in a timely manner, but no later than December 15 of the year in which the election was held. The county commissioners are also required to send a copy of the order to the Board of Library Commissioners, Idaho Commission for Libraries, 325 W. State Street, Boise, Idaho 83702-6055.
- Because the cases of establishment and annexation/combination are both considered to be establishments, the county commissioners must appoint the first district library board. They must do this within five (5) days of issuing the order of establishment. [See I.C. § 33-2715.]
Reality Check
I.C. § 33-2705 requires the board or board of elections — the staff of the county clerk(s) — to certify the election results to the board(s) of county commissioners within three (3) days after the election. This statute also requires the board of county commissioners to canvass returns within seven (7) days after the election. This is a shorter period of time than prescribed by I.C. § 34-1410, which requires the board of county commissioners to canvas election results within ten (10) days after the election.
Definition
To canvas — in the context of an election — means to count votes. I.C. § 34-1201 requires that, once the polls closed, the judges must immediately proceed to count the ballots cast at such election. The counting must be continued without adjournment until completed and the result declared.
Annexation. After a successful election adding untaxed territory to an existing district, the county commissioners have the following responsibilities:
- The county commissioners of the county of the area described in the original petition must receive certified election results no more than three (3) days following the election from the board(s) of elections.
- The county commissioners of the county of the area described in the petition must canvass the results no more than seven (7) days following the election. If these commissioners are not the commissioners of the library district’s home county, they must certify the results to the commissioners of the home county.
- The county commissioners of the library district’s home county must issue an order amending the district boundaries. The order must include a map prepared in a draftsmanlike manner.
- The home county commissioners are also responsible for sending a copy of this order to
- the county commissioners for every county in which the district lies
- the district library board
- the Board of Library Commissioners, Idaho Commission for Libraries, 325 W. State Street, Boise, Idaho 83702-6055
Combination. When a city library combines with a district library, the city council must send the results of the election to the district library board and the board of county commissioners.
The county commissioners then have the following responsibilities:
- The county commissioners of the library district’s home county must issue an order amending the district boundaries. The order must include a map prepared in a draftsmanlike manner.
- The home county commissioners are also responsible for sending a copy of this order to
- the county commissioners for every county in which the district lies
- the district library board
- the Board of Library Commissioners, Idaho Commission for Libraries, 325 W. State Street, Boise, Idaho 83702-6055
District Consolidation. After the hearing on a district consolidation, the board of county commissioners of each county in which the district lies have the following responsibilities:
- The county commissioners of all the counties in which the consolidated district lies must issue an order certifying the new boundaries and name of the consolidated district.
- They must send copies of this order to the district library boards and to the Board of Library Commissioners, Idaho Commission for Libraries, 325 W. State Street, Boise, Idaho 83702-6055.
- The county commissioners of the home county of the consolidated district then appoint a board of trustees for the consolidated district from the board members of the districts which have consolidated. The county commissioners must do this within 10 days of the consolidation.
If careful planning has been completed during the Planning Phase, these activities should be routine. The Working Group representatives who have been working with the county clerk and/or city clerks, however, should pay continued attention to these activities to assure that they are completed.