H 362 - Prohibits Elected State and Federal Officials from Simultaneously Serving in Elected City, School or Highway District Positions - Idaho Key Vote

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Title: Prohibits Elected State and Federal Officials from Simultaneously Serving in Elected City, School or Highway District Positions

Vote Smart's Synopsis:

Vote to pass a bill that prohibits residents elected to state or federal offices from simultaneously serving in elected city, school or highway district positions in Idaho.

Highlights:

  • Requires every civil office to be vacant if any of the following occur before the expiration of the term of such office (Sec. 1):

    • The resignation of the incumbent;

    • The death of the incumbent;

    • The removal of the incumbent from office by lawful procedure;

    • The decision of a competent tribunal declaring an elective office vacant due to apparent abandonment, prolonged incapacity, or absence over 90 days;

    • The incumbent ceasing to be a resident of the state, district, or county in which the duties of their office are to be performed;

    • A failure to elect someone at the proper election;

    • A forfeiture of elective office;

    • The conviction of an incumbent officeholder of any felony or any public offense in violation of the oath of office; or

    • The acceptance of a commission to any military office requires the incumbent to exercise his duty for an excess of 60 days.

  • Requires elective federal, statewide, and legislative offices to create a vacancy, if the office (Sec. 1):

    • Is located in a city with a population of 1,000 or more people in the most recent decennial census;

    • Is within a school district with 500 or more enrolled students in the most recent school year; or

    • Is within a highway district within a county with a population of 10,000 people or more.

  • Specifies that the provisions of this bill regarding resignation do not apply to individuals serving as a temporary substitute for an office (Sec. 1).

  • Specifies that the effective date of this bill is January 1, 2026 (Sec. 2).

Title: Prohibits Elected State and Federal Officials from Simultaneously Serving in Elected City, School or Highway District Positions

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