Bill Description: House Bill 645 would create special rules for school board recall elections, providing no time for the board or the member subject to recall to challenge the results or process of the election.
Rating: -2
Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?
Under Section 34-1709, Idaho Code, "The officer named in the recall petition shall continue to perform the duties of his office until the results of the special recall election are officially proclaimed." This standard provides time for the election results to be verified and to make sure that there were no problems with the integrity of the election.
House Bill 645 would amend Section 33-504, Idaho Code, to create special rules for school board recall elections, saying, "Notwithstanding sections 34-1709 and 34-1712, Idaho Code, between the time of the special recall election and when the results of the special recall election are proclaimed, the trustee subject to the special recall election shall not be permitted to participate in any actions that would alter the structure of the board of trustees or create new contractual or financial obligations for the school district."
In other words, the recall election would be presumed complete even before it was complete and its results proclaimed. This denies the trustee the opportunity to challenge the results or process of the election.
(-1)
Currently, a school board has up to 30 days after a recall election to declare that a vacancy exists. This provides the board time to verify the election results and begin the transition process.
House Bill 645 would change this standard to say, "A vacancy shall exist when any trustee is recalled and discharged from office in accordance with section 34-1712, Idaho Code. Such vacancy shall occur at the time of certification of the special recall election and does not require the board of trustees to declare that a vacancy exists."
This change provides no opportunity for a school board to verify election results and determine that there were no issues adversely affecting election integrity that need to be addressed before a vacancy being declared.
(-1)
