IdahoOwners owe no safety duty for free polling place use
Owners who offer property free for polling owe no safety duty to voters, while certain tax-exempt properties may host election activities without losing their exemption.
What it does
Owners who allow free polling place use owe no safety duty to people entering for that purpose. Warnings or safety changes alone do not create liability when there is no other basis for it.
Using property with one of three listed tax exemptions for polling or other legally allowed election purposes does not affect its exempt status.
Argument forTax-exempt property owners could host voting without risking their exemption, which may make more sites available for election use.
Argument againstVisitors could have fewer ways to hold a property owner responsible for unsafe conditions or injuries at a free polling place.
More detail
An owner who allows free polling place use owes no safety duty to people entering for that purpose. This applies to people entering the property for polling purposes. It does not assure visitors that the property is safe or make them people owed a duty of care. The owner must directly or indirectly invite or permit the use without charge. Warnings or safety changes alone do not create liability when there is no other basis for it. The provisions take effect July 1, 2026.
Using certain tax-exempt property as a polling place or for other legally allowed election purposes does not affect its exemption. This applies to property receiving one of the listed exemptions. The property must receive an exemption under Idaho Code section 63-602B, 63-602C, or 63-602E. Other election-related use must be authorized by law. The provisions take effect July 1, 2026.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 2Signed by Governor Brad Little on 04/02/26 Session Law Chapter 288 Effective: 07/01/2026Became Law
- Apr 1Reported delivered to Governor at 1:24 p.m. on 04/01/26To Governor
- Apr 1Reported signed by the Speaker & ordered delivered to GovernorMinor
- Apr 1Received from Senate; Signed by Speaker; Returned to SenateMajor
- Mar 31Reported enrolled; signed by President; to House for signature of SpeakerMajor
- Mar 31Returned From House Passed; referred to enrollingMinor
- Mar 30Rules Suspended: Ayes 66 Nays 0 Abs/Excd 4, read in full as required – PASSED - 66-0-4AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon(Cannon), Cayler, Cheatum, Church, Cornilles, Crane(12), Crane(13), Dygert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Galaviz, Gannon, Garner, Green, Hall(Stone), Handy, Harris, Hawkins, Healey, Hill(Brown), Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Sauter, Scott, Shepherd, Shirts(Batt), Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. SpeakerNAYS – NoneAbsent – Egbert, Haws, McCann, PalmerFloor Sponsor - RaybouldTitle apvd - to SenatePassed 2nd Chamber
- Vote recorded Rules Suspended: Ayes 66 Nays 0 Abs/Excd 4, read in full as required –. Result: pass.Lower
- Mar 30Read second time; Filed for Third ReadingMinor
- Mar 27Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Mar 23Read First Time, Referred to State AffairsMinor
- Mar 23Received from the Senate, Filed for First Reading
- Mar 20Read third time in full – PASSED - 35-0-0AYES – Adams, Anthon, Bernt, Bjerke(Bjerke), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woodward, Zito, ZuiderveldNAYS – NoneAbsent and excused – NoneFloor Sponsor - AnthonTitle apvd - to HousePassed 1st Chamber
- Vote recorded Read third time in full –. Result: pass.Upper
- Mar 19Read second time; filed for Third ReadingMinor
- Mar 18Reported out of Committee with Do Pass Recommendation; Filed for second readingMinor
- Mar 17Reported Printed; referred to State Affairs
- Mar 16Introduced; read first time; referred to JR for PrintingIntroduced
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