Student Voting Project | Idaho

Voting at School

ID Requirements

Except for voters who areregistering on Election Day, only first-time voters who register by mail whoseidentifying information cannot be verified by the state before Election Dayhave to show identification. That ID can be a current and valid photo ID; or acopy of a current utility bill, bank statement, government check, paycheck, orother government document that shows your name and address.   Idahodoes not accept student IDs as photo IDs under this section unless they alsohave your address on them.  Cellular phone bills, online printouts ofbills, and student housing bills with your registration address will all beaccepted as valid ID, however.

Registration Requirements

The deadline for voter registration in advance of theelection is 25 days before Election Day.Mail-in registration forms must be postmarked by that date.

Idaho also has Election Day registration,and allows voters to register to vote at the polls if they show proof ofresidence.Proof of residence includes an Idaho statedriver's license or non-driver's ID card, a student ID from an Idaho school plus aschool fee statement that shows your registration address, or any document withyour registration address and any photo ID card.

Residency Requirements

Idaho's formal laws make it difficult forstudents to establish residency. Under Idaholaw, "residence" for voting purposes is a person's "principal or primary home." Your residence is your fixed place of habitation, the place where you intend toreturn after being away for any length of time. The law explicitly says that a voter doesn'testablish residence in Idahoif "he comes for temporary purposes only, without the intention of making ithis home but with the intention of leaving it when he has accomplished thepurpose that brought him there." Idaho has a "gain orloss" provision, whichmeans that physical presence within the state because of school is a "neutralfactor" when making a residency determination.

The Secretary of State's web sitemakes clear that these laws will be read strictly.  That site states "that college students mustestablish, as with all other voter registration applicants, that the localewithin which they seek to register and vote is their domicile, i.e., that theyare living in the college community with the intention of abandoning theirformer domicile and with the intention of remaining permanently, or for anindefinite length of time, in the new location."  Students who intend to return to their homestates after completing school may have particular trouble registering andvoting; however, if Idahois definitely your intended domicile, uncertain future plans will not destroyresidency.  Factors that election officials consider indetermining residency include whether you live year-round in Idaho, keeppersonal property in Idaho, have an Idaho drivers license, are employed inIdaho, are a member of social and civil organizations in Idaho, have anIdaho-based bank account, and list your Idaho address on other governmentforms.

Students who lived in Idaho but moved to another state for school, and who wishto establish or keep their Idahovoting residency (i.e., at their parents' address), should have no problemdoing so unless they've already registered to vote in another state. Likeall states, Idahoallows students to keep their voting residency even if they move out of thecounty or state to attend school.  The only way you might lose thisresidency is if you "abandon" it by asserting residency in a new state. Whileregistering to vote in another state is not automatically considered anabandonment of residency in Idaho,some judges or officials might view it as such.

Fighting Challenges to Residency

The county clerk is the finaldecision maker regarding your registration. If a different official denies your registration, you can appeal to yourcounty clerk for a review hearing.  This hearing must be held within 10 days ofyour appeal, and you have the right to present evidence on your behalf duringthe hearing. The county clerk will make a final decision at the conclusion ofthe hearing. 

You can be challenged at the pollsby partisan challengers or by registered voters in your precinct.  If you swear an oath declaring yourselfqualified, you are entitled to vote by regular ballot.

Absentee Requirement

Any registered voter can vote absentee in any election. Absentee voting applications, which are available on the Secretary of State's web site, can be submitted by mail or fax and must be received by the county clerk at least 6 days before Election Day.  Absentee ballots must be received by the county clerk by 8:00 p.m. on Election Day.

Voting at Home

ID Requirements

Except for voters who areregistering on Election Day, only first-time voters who register by mail whoseidentifying information cannot be verified by the state before Election Dayhave to show identification. That ID can be a current and valid photo ID; or acopy of a current utility bill, bank statement, government check, paycheck, orother government document that shows your name and address.   Idahodoes not accept student IDs as photo IDs under this section unless they alsohave your address on them.  Cellular phone bills, online printouts ofbills, and student housing bills with your registration address will all beaccepted as valid ID, however.

Registration Requirements

The deadline for voter registration in advance of theelection is 25 days before Election Day.Mail-in registration forms must be postmarked by that date.

Idaho also has Election Day registration,and allows voters to register to vote at the polls if they show proof ofresidence.Proof of residence includes an Idaho statedriver's license or non-driver's ID card, a student ID from an Idaho school plus aschool fee statement that shows your registration address, or any document withyour registration address and any photo ID card.

Residency Requirements

Idaho's formal laws make it difficult for students to establish residency. Under Idaho law, "residence" for voting purposes is a person's "principal or primary home."  Your residence is your fixed place of habitation, the place where you intend to return after being away for any length of time. The law explicitly says that a voter doesn't establish residence in Idaho if "he comes for temporary purposes only, without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there." Idaho has a "gain or loss" provision, which means that physical presence within the state because of school is a "neutral factor" when making a residency determination.

The Secretary of State's web site makes clear that these laws will be read strictly.  That site states "that college students must establish, as with all other voter registration applicants, that the locale within which they seek to register and vote is their domicile, i.e., that they are living in the college community with the intention of abandoning their former domicile and with the intention of remaining permanently, or for an indefinite length of time, in the new location."  Students who intend to return to their home states after completing school may have particular trouble registering and voting; however, if Idaho is definitely your intended domicile, uncertain future plans will not destroy residency.  Factors that election officials consider in determining residency include whether you live year-round in Idaho, keep personal property in Idaho, have an Idaho drivers license, are employed in Idaho, are a member of social and civil organizations in Idaho, have an Idaho-based bank account, and list your Idaho address on other government forms.

Students who lived in Idaho but moved to another state for school, and who wish to establish or keep their Idaho voting residency (i.e., at their parents' address), should have no problem doing so unless they've already registered to vote in another state. Like all states, Idaho allows students to keep their voting residency even if they move out of the county or state to attend school.  The only way you might lose this residency is if you "abandon" it by asserting residency in a new state. While registering to vote in another state is not automatically considered an abandonment of residency in Idaho, some judges or officials might view it as such.

Fighting Challenges to Residency

The county clerk is the final decision maker regarding your registration.  If a different official denies your registration, you can appeal to your county clerk for a review hearing.  This hearing must be held within 10 days of your appeal, and you have the right to present evidence on your behalf during the hearing. The county clerk will make a final decision at the conclusion of the hearing. 

You can be challenged at the polls by partisan challengers or by registered voters in your precinct.  If you swear an oath declaring yourself qualified, you are entitled to vote by regular ballot.

Absentee Requirement

Any registered voter can vote absentee in anyelection.Absentee voting applications, which are available on the Secretary of State'sweb site, can be submitted by mail or fax and must be received by the countyclerk at least 6 days before Election Day.  Absentee ballots must be received by thecounty clerk by 8:00 p.m.on Election Day.

[1] Idaho Code Ann. § 34-107(1) (2007).

[2] Id.

[3] Id. at 107(4).

[4] Idaho Code Ann. § 34-405 (2007); Idaho Const. art. 6, § 5.

[5] Student and Voting Residency, Voter Information, Registration & Access, http://www.idahovotes.gov/VoterReg/Students_Voting%20Residency.htm (last visited Jan. 29, 2008).

[6] Id. ("As a student, you should not be registering and voting in your college locale simply because you failed to register and vote at your true domicile. Registering to vote is a serious matter which, if abused, can subject you to criminal penalties.")

[7] Interview with Lisa Powers, Election Clerk, Idaho Secretary of State's Office (Apr. 23, 2008).

[8] Student and Voting Residency, supra note 5.

[9] Idaho Code Ann. § 34-412 (2) (2008).

[10] Id.

[11] Idaho Code Ann. § 34-1111.

[12] Idaho Code Ann. § 34-408 (2008).

[13] Idaho Code Ann. § 34-408A (2008).

[14] Id.

[15] Idaho Code Ann. § 34-410 (2007); see also Justin Levitt et al, Making the List: Database Matching and Verification Processes for Voter Registration ID-3 (2006).

[16] Interview with Lisa Powers, Election Clerk, Idaho Secretary of State's Office (Apr. 23, 2008).

[17] Id.

[18] Idaho Code Ann. § 34-1001 (2007).

[19] Idaho Code Ann. § 34-1002 (2007).

[20] Idaho Code Ann. § 34-1005 (2007).