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H 310

ELECTIONS – Amends existing law to require certain anti-fraud measures to be employed to ensure election ballots are secure.

68th Legislature, 1st Regular Session (2025)

Idaho HB 310 requires standardized anti-fraud measures and pre-election testing to secure ballots and document security and custody, protecting ballot integrity.

Reported Signed by Governor on March 17, 2025 Session Law Chapter 88 Effective: 07/01/2025
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Bill Summary · H 310

Summary: Idaho House Bill 310 (2025) – Elections Security and Ballot Anti-Fraud Measures

Overview

  • Bill: HB 310
  • Short title: Elections – Amends existing law to require anti-fraud measures to ensure ballots are secure
  • Purpose: Update procedures to secure ballots, deter tampering or counterfeit duplication, and modernize references to technology used in ballot authentication.
  • Status and effective date: Enacted and signed by the Governor on March 17, 2025; Chapter 88; effective July 1, 2025. The act declares an emergency, making the provisions effective on and after July 1, 2025.
  • Scope: Applies to counties and election officials in Idaho; aligned with existing statutes on official ballot identification (Idaho Code 34-901).

What the bill does (Key provisions)

  • Official ballot identification and anti-fraud testing (Sec. 34-901(1))

    • County clerks must ensure all ballots are identified as official and display the election date/year along with the words “Official Election Ballot.”
    • Counties must employ anti-fraud measures and test/verify them before each election.
    • County boards of canvassers must be notified about which anti-fraud measures are used for each election.
    • Ballots remain confidential to protect voter secrecy.

  • Optical scan counties (Sec. 34-901(2)(a)-(b))

    • Each ballot issued must include the official election identification.
    • Each ballot must contain a unique marking to prevent duplication of official ballots.

  • Paper or other ballots (Sec. 34-901(3))

    • Counties using paper ballots must provide an official election stamp (or other designated device/material chosen by the board of county commissioners).
    • If the stamp is lost/destroyed, the distributing clerk must initial the ballot and mark it as “stamped.”

  • Voting machines (Sec. 34-901(2) – in counties using machines under Chapter 24)

    • Prior to voter issuance, ballots issued must have one or more anti-fraud measures, including:
    • A uniquely generated, random, non-sequential ballot identifier (barcode/QR code) not linked to voter identity.
    • Ballots printed on watermarked paper or displaying a unique watermark.
    • A unique hologram on each ballot that would not match if copied.
    • Ballots printed on security paper that indicates when copied (i.e., displays “copy”).
    • Stamping or printing “Official Election Ballot” on issuance.

  • Hand-counted tallies (Sec. 34-901(3))

    • Each ballot issued to a voter must be stamped or printed with “Official Election Ballot” and the election date.

  • Documentation and chain of custody (Sec. 34-901(4))

    • Clerks must maintain documentation of the security measures used and the chain of custody for all ballots.

  • Confidentiality

    • All measures preserve voter secrecy in accordance with the Idaho Constitution (Art. VI, Sec. 1).

Who is affected

  • County clerks and boards of canvassers (issuing, stamping, and authenticating ballots)
  • Counties using optical scan, paper/other ballots, or voting machines (Chapter 24)
  • Counties performing hand counts
  • Voters, by increasing ballot security and marking transparency (without compromising secrecy)

Fiscal and implementation considerations

  • Fiscal impact: No net change in state revenue or expenditures is anticipated; potential cost increases for counties that adopt more secure methods beyond current practices.
  • Implementation: Testing and verification of anti-fraud measures must occur before each election; counties must document and report the security methods used and maintain chain-of-custody records.
  • References to outdated technology are removed; guidance is provided for modern ballot security features (e.g., unique ballot identifiers, watermarks, holograms).

Timeline and procedural notes

  • Introduced: February 21, 2025
  • Passed the Legislature and signed by the Governor: March 17, 2025
  • Effective date: July 1, 2025 (Emergency clause declared in the act)

This bill enhances the security, traceability, and integrity of Idaho ballots by standardizing anti-fraud measures across ballot types, requiring pre-election testing, and maintaining clear documentation of security and custody.

Compiled from official sources — confirm details with the bill’s official record.

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