2005 Idaho Code - 33-402 — NOTICE REQUIREMENTS

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 4
                               SCHOOL ELECTIONS
    33-402.  NOTICE REQUIREMENTS. a. Notice of all school elections must be
given by posting and publishing notice of said elections and such notice shall
state:
    1.  The date of holding the election;
    2.  The hours between which the polls will be open;
    3.  The definite place or places of holding the election;
    4.  In the case of election of trustees, the offices to be filled, the
    trustee zones, and a statement that declarations of candidacy must be
    filed not later than 5:00 p.m. on the fifth Friday prior to the day of the
    election;
    5.  In the case of bond election, the amount of the issue, the purpose and
    period of the issue;
    6.  In the case of the assumption of a debt, the amount of any such debt
    to be assumed by each district, or part of a district; and
    7.  In all other elections, a brief statement of the question being
    submitted to the electors.
    b.  In school elections involving (i) the incurring or increasing of a
debt,  (ii) approving a levy for a plant facilities reserve fund and term
thereof, (iii) excising and annexing territory, (iv) consolidating districts,
or (v) dividing a district, notice of the election shall be posted not less
than twenty-one (21) days prior to the day of the election in at least three
(3) places in each district participating in or affected by such election, one
(1) of which places shall be at or near the main door of the administrative
offices of each such district, and by publishing at least once each week for
three (3) consecutive weeks prior to the day of the election in a newspaper as
provided in section 60-106, Idaho Code, published in the county or in any
county in which such district may lie and having general circulation within
such district.
    c.  Notice of all other school elections shall be given in the same
manner, except that the posting shall be for not less than ten (10) days, and
publishing shall be at least once each week for two (2) consecutive weeks
prior to the day of the election.
    d.  Notice of the deadline for filing declaration of candidacy for
election of trustees shall be posted for not less than ten (10) days and
published at least once each week for two (2) consecutive weeks prior to the
last day for filing nominating petitions as required by section 33-502, Idaho
Code.
    e.  In elections for excising and annexing the territory of school
districts, or to create new school districts by consolidation or division, the
clerk of the board of county commissioners of the county in which the district
lies, or of the home county if the district be a joint district, shall
prepare, post, sign and arrange for the publishing of, the notice of election.
In all other elections it shall be the duty of the clerk of the board of
trustees so to do.
    f.  Notice of annual meeting of elementary school districts as provided
for in section 33-510, Idaho Code, and of intent to discontinue a school, as
provided for in section 33-511, Idaho Code, and annual budget hearing as
provided for in section 33-801, Idaho Code, shall be given by posting and
publishing as outlined in subsection b of this section except that posting
shall be for not less than ten (10) days, and publishing shall be once in a
newspaper as provided in section 60-106, Idaho Code, published within the
district, or, if there be none, then in a newspaper as provided in section
60-106, Idaho Code, published in the county in which such district lies. If
more than one (1) newspaper is printed and published in said district or
county, then in the newspaper most likely to give best general notice of the
election within said district; provided that if no newspaper is published in
the said district or county, then in a newspaper as provided in section
60-106, Idaho Code, most likely to give best general notice of the election
within the district.
    g.  Notices calling for bids for the acquisition, use, or disposal of real
and personal property as provided for in section 33-601, Idaho Code, and
contracting for transportation services as provided for in section 33-1510,
Idaho Code, shall be given as required by chapter 28, title 67, Idaho Code,
except that the notice for contracting for transportation services shall be
made not  less than four (4) weeks before the date of opening bids.
    h.  Proof of posting notice shall be upon the affidavit of the person
posting the same; and proof of publication shall be upon the affidavit of the
publisher of the newspaper or newspapers respectively. Such affidavits shall
be filed with his board by the clerk responsible for the posting and the
publishing of said notice, before the day of the election named in the notice.