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Bill

S 1389

POLLING PLACES – Amends existing law to limit liability for owners of property used as a polling place.

68th Legislature, 2nd Regular Session (2026)

Idaho bill shields polling place property owners from legal liability for injuries or damages occurring during elections.

Signed by Governor on 04/02/26 Session Law Chapter 288 Effective: 07/01/2026
#elections #landuse #liability #realproperty
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Bill Summary · S 1389

Legislative bill overview

S 1389 amends Idaho law to reduce or eliminate liability exposure for property owners who allow their buildings to be used as polling places during elections. The bill specifically protects landowners from legal responsibility for injuries or damages that occur on their property while it serves as a voting location.

Why is this important

Polling place availability is essential to election administration, yet some property owners may be reluctant to offer their space due to liability concerns. By limiting legal exposure, this bill could increase the pool of available venues for voting, potentially improving election accessibility. Conversely, it raises questions about accountability and voter/worker safety at polling locations.

Potential points of contention

  • Scope of liability protection: Whether the immunity is blanket or conditional (e.g., only for negligence vs. gross negligence/willful misconduct)
  • Voter and worker safety: Critics may argue that liability limits could reduce incentives for property owners to maintain safe voting environments or implement security measures
  • Balancing interests: Supporters contend that excessive liability discourages participation; opponents worry it prioritizes property owner convenience over voter protections and recourse for injuries

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

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