According to I.C. § 34-106, on and after January 1, 2011, there are only two days each year on which an election may be held:
- The third Tuesday in May of each year; and
- The Tuesday following the first Monay in November of each year.
Reality Check
Elections to vote for district library trustees are held only in May and only in odd-numbered years. Elections to establish, combine, or annex territory to a library district may be held in May or November of any year, odd- or even-numbered. It is important not to confuse these two types of election when setting your election date.
Because property tax funding will not become available until the second January after the election [See Task Eight in the Planning Phase], from an administrative point of view, it is best to hold the election as late in the year as possible. This would seem to make a November election the ideal.
Holding an election can be an expensive proposition. There are also financial advantages to holding an election when other elections are being held. County officials may be more favorable toward the districting proposal if the Working Group plans for the election at a convenient time for the county. District boundaries that do not cross voter precinct lines also make the election easier to run. These should be considerations in choosing an election date and district boundaries.
Who pays for the election?
Idaho Code gives the counties the responsibility for carrying out and paying for [I.C. § 34-1411] the election to enlarge an existing library district. The county is not responsible for any election expenses prior to the time a taxing district orders an election, such as notice and costs for public hearings and notice and costs for public hearings on ballot measures. [See I.C. § 34-1411(2).]
An election to create a new taxing district is also conducted by the county. The expense of the election, however, is the responsibility of the Working Group.
- Once the Working Group has filed the petition to create the new taxing district, the county clerk has 10 days to estimate the cost of advertising and holding the election [see I.C. § 63-802C] and notify the Working Group in writing as to the amount of the estimate.
- The Working Group then has 20 days from receiving the notice to deposit the estimated amount with the county clerk in cash, or the petition shall be deemed withdrawn.
- If the deposit is made and the proposed new taxing district is formed, the Working Group is reimbursed from the first allocation of tax dollar collected by the county as authorized by I.C. § 63-802C.
Other circumstances may also affect the choice of the election date. It will be wise to think carefully about the election date and to do some research on the history of local elections:
Some questions to ask are:
- Have there been uniform election dates when bond issues or districting elections have been particularly successful or unsuccessful?
- Are there dates when people are more likely to vote or less likely to vote?
- Are there other bond issues or districting elections planned for any date?
If another taxing district has been particularly successful in passing bond issues or other elections, you may want to see advice on the selection of an election date, and other election processes, from its staff or board.
The selection of an election date is a critical decision, as it will drive the election calendar, affect the costs of the districting project, and will influence all other decisions during this phase of the districting project.
Reality Check
Under no circumstances should tax money be used to support election advertising.
I.C. § 74-604. PUBLIC FUNDS PROHIBITED. (1) Unless specifically required by law, and except as provided in this chapter, neither a public entity nor its employees shall make, nor shall a public official make or authorize, an expenditure from public funds to advocate for or against a candidate or a ballot measure.
(2) Neither a public entity nor any of its employees shall use, nor shall a public official authorize or use, public property or resources to advocate for or against a candidate or a ballot measure.
I.C. § 74-605. EXCLUSIONS. Nothing in this chapter shall prohibit:
(1) A public official or employee from speaking, campaigning, contributing personal money or otherwise exercising the public official’s or employee’s individual first amendment rights for political purposes, provided no public funds are used for expenditures supporting the public official or employee in such activity;
(2) A public entity, public official or employee from the neutral encouragement of voters to vote;
(3) An elected official or employee from personally campaigning or advocating for or against a ballot measure, provided no public funds, property or resources are used for supporting the elected official or employee in such activity;
(4) A public entity from preparing and distributing to electors an objective statement explaining the purpose and effect of the ballot measure, including in the case of bond or levy elections the cost per taxpayer or taxable value, or similar information based on reasonable estimates prepared in good faith; (5) The formulation and publication of statements regarding proposed amendments to the state constitution, as authorized by section 67-453, Idaho Code;
(6) The publication of information described in sections 34-439, 34-439A and 34-1406, Idaho Code, as applicable, or other provisions of law requiring notices and disclosures in connection with elections and ballot measures; or
(7) A balanced student classroom discussion or debate of current or pending
election issues.