[Vision2020] Term of Office

[Phil Nisbet]

It really does not take that long to search law and see where the error is 
occuring the discussion.

                                  TITLE  50
                            MUNICIPAL CORPORATIONS
                                  CHAPTER 7
                                   COUNCIL
    50-702.  QUALIFICATION OF COUNCILMEN -- TERMS -- INSTALLATION. Any 
person shall be eligible to hold the office of councilman of his city who is 
a qualified elector at the time his declaration of candidacy or declaration 
of intent is submitted to the city clerk, and remains a qualified elector 
under the constitution and laws of the state of Idaho. Each councilman 
elected at a general city election, except as otherwise specifically 
provided, shall hold office for a term of four (4) years, and until his 
successor is elected and qualified. Councilmen elected at each general city 
election shall be installed at the first meeting in January following 
election. The manner of conducting that meeting shall be as herein set forth 
and not otherwise: the incumbents shall meet and conduct such business as 
may be necessary to conclude the fiscal matters of the preceding year; the 
newly elected shall then subscribe to the oath of office, be presented 
certificates of election, assume the duties of their position, and conduct 
such business as may be necessary, one (1) item of which shall be the 
election of a member as president of the council.

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You will note that in this section as well it is suggested that each and 
every person who is elected to the council becomes a coucil member until the 
election of his replacement occurs and that person has been qualified.  It 
further states that all council people are to be installed in January 
regardless of the term they are voted in to serve.

Now if it is really the desire to cost taxpayer the money of taking this 
through the process of a court process, fine, but realize that this is Idaho 
law we are talking and rulings on it at the District Court level are still 
eligible for challenge and not really definitive until tested at the Supreme 
Court Level.  That process could take one heck of a lot of time money and 
effort.

On the other hand;

TITLE  50
                            MUNICIPAL CORPORATIONS
                                  CHAPTER 4
                             MUNICIPAL ELECTIONS

50-429. (4)  The secretary of state is authorized to provide such assistance 
as necessary, and to prescribe any needed rules or interpretations for the 
conduct of elections authorized under the provisions of this section.

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So rather than going off to seek expensive court rulings that will take a 
huge amonnt of time to get an answer on, the question can be submitted to 
the Office of the Attorney General who is charged with getting the answer to 
the question.  That is a method that would be quick and cost everybody the 
least lucre.

Phil Nisbet

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