Bill > H0362

This bill amends Idaho Code Section 59-901 to establish a new provision regarding vacancies in local elected offices. Specifically, if an individual subscribes to the oath of office for a federal, statewide, or legislative position, they will automatically create a vacancy in any other elective office they currently hold, but only in certain jurisdictions: cities with populations of 1,000 or more, school districts with 500 or more enrolled students, or highway districts primarily located in counties with 10,000 or more residents. The bill includes an important exception for temporary legislative substitutes or emergency interim successors, who would not trigger this vacancy provision. The existing law already outlined various ways an elective office can become vacant, such as resignation, death, removal, prolonged absence, loss of residency, or conviction of a felony. The new provision adds another mechanism for creating a vacancy, focusing on scenarios where an officeholder moves to a different level of government. The bill is set to take effect on January 1, 2026, allowing time for local jurisdictions and officeholders to understand and prepare for the new rule.

Government Affairs

State Affairs Committee (H)

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0362/