40-1305 ELECTION OF HIGHWAY COMMISSIONERS -- TERM OF OFFICE. - Idaho Statutes

TITLE 40

HIGHWAYS AND BRIDGES

CHAPTER 13

HIGHWAY DISTRICTS

40-1305. Election of highway commissioners -- Term of office. [effective until january 1, 2011.] (1) On the first Tuesday of August of the next odd-numbered year following the appointment of the first highway district commissioners, commissioners from subdistricts one and two shall be elected for a term of two (2) years. Thereafter the term of office of all commissioners shall be four (4) years. Highway district commissioners elected prior to January 1, 1994, for a term to expire on January 1, 1996, shall continue in office until October 1, 1995. Highway district commissioners elected prior to January 1, 1994, for a term to expire on January 1, 1998, shall continue in office until October 1, 1997. Elections for commissioners of each of the subdistricts shall continue on the schedule previously established.

(2) Alternative election of highway commissioners -- Term of office.

(a) Notwithstanding subsection (1) of this section, highway district commissioners may, upon the unanimous agreement of the existing board of highway district commissioners, adopt an alternative term of office, whereby a single highway district commissioner shall be elected each year for three (3) years and in the fourth year no election shall be held.

(b) An election pursuant to paragraph (a) of this subsection shall be conducted in the following manner:

(i) The commissioner representing subdistrict one shall be elected for a term of four (4) years upon the expiration of the existing term;

(ii) The commissioner representing subdistrict two shall be elected for a term of five (5) years upon the expiration of the existing term; and

(iii) Each year thereafter, one (1) commissioner shall be elected, except for the fourth year when no election shall be held.

(c) If an alternative election is held pursuant to this subsection, the highway district shall not revert to the former manner of elections and terms of office until eight (8) years after such election.

Each highway commissioner shall be elected on a district wide basis.

40-1305. Election of highway commissioners -- Term of office. [effective january 1, 2011.] (1) On the third Tuesday of May of the next odd-numbered year following the appointment of the first highway district commissioners, commissioners from subdistricts one and two shall be elected for a term of two (2) years and the commissioner from subdistrict three shall be elected for a term of four (4) years. Thereafter the term of office of all commissioners shall be four (4) years.

(2) A highway district whose terms and election were established by prior law shall convert to the election of commissioners as provided in subsection (1) of this section.

Each highway commissioner shall be elected on a districtwide basis.