Bill changing Idaho’s special election rules for congressional vacancies clears Senate panel

Legislation to change Idaho’s procedure for special elections when an Idaho member of Congress leaves office mid-term – no such election has ever been held in Idaho history – cleared the Senate State Affairs Committee this morning. HB 197 earlier passed the House, 58-7. Though it’s never been used, Idaho’s process for a special election for Congress drew attention in December when 1 ^st District Rep. Raul Labrador was interviewed by then-president-elect Trump for a possible position as U.S. Secretary of the Interior. If a U.S. senator leaves office mid-term, a replacement is appointed by the governor. But for House members, who serve just two-year terms, a special election must be scheduled – or the position remains vacant until the next regular election.

Idaho’s current law governing that dates back to 1899, Rep. Tom Loertscher, R-Iona, told the Senate panel this morning. “It’s time for an update,” he said.

The law says the governor would declare an election date by proclamation, and anyone who wanted to would run, regardless of party; though Idaho’s consolidated election law now requires elections to occur only on four specified dates, congressional special elections are exempt. That opened the hypothetical possibility of a whole array of candidates from various parties running together for an open House seat from Idaho.

Under Loertscher’s bill, there would be both a primary election and a general election; when a vacancy occurs, the governor would have to pick one of the four existing dates for the primary election, with the general election for the vacant seat following. “That’s all it does,” Loertscher said. “We’ve run it by the Secretary of State’s office to make sure that we had all the dates correct and that all that stuff fits in with our existing elections law.”

Idaho’s four consolidated election dates are the second Tuesday in March; the third Tuesday in May; the last Tuesday in August; and the Tuesday following the first Monday in November.

HB 197 contains an emergency clause, making it effective immediately upon being signed into law.