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Idaho limits property owner liability for polling places and protects tax exemptions

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

Last action · April 2, 2026: Signed by Governor on 04/02/26 Session Law Chapter 288 Effective: 07/01/2026

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Does

Idaho Senate Bill 1389 protects property owners who permit their land or buildings to be used as polling places from liability for injuries sustained by visitors. It also ensures that tax-exempt properties used for voting or election-related purposes do not lose their tax-exempt status. The law takes effect on July 1, 2026.

Why it matters

Property owners and organizations offering their facilities for elections gain legal protections against injury lawsuits, and tax-exempt entities face no risk of losing their property tax exemptions due to election use.

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Property owners

Property owners who allow their land or buildings to be used as polling places are granted immunity from premises liability regarding visitors.

Directly affected

Tax-exempt property owners

Organizations with tax-exempt property can host elections without risking the loss of their tax exemptions.

Key Facts

  • Property owners who permit their property to be used as a polling place without charge owe no duty of care to keep the property safe for voters or warn of dangerous conditions.
  • Installing safety signs, making safety modifications, or failing to maintain safety signs does not create liability for property owners.
  • Permitting property use as a polling place does not confer the legal status of an invitee or licensee to visitors.
  • Property owners permitting polling use do not assume liability for injury to persons or property caused by acts or omissions of visitors.
Show all 7 facts
  • The use of tax-exempt property as a polling place or for election-related purposes shall not be deemed inconsistent with its tax-exempt status.
  • Tax-exempt properties used for elections will not be impaired or disqualified from receiving or maintaining their exemption.
  • The act takes effect and is in full force on and after July 1, 2026.

Frequently Asked Questions

Will property owners be sued if someone is injured while voting at their facility?
No. The law establishes that property owners who permit their property to be used as a polling place owe no to keep the property safe for entry or to give warnings of dangerous conditions.
Can a non-profit or tax-exempt organization lose its tax status by hosting an election?
No. The act explicitly states that using exempt property as a polling place or for election-related purposes will not affect, impair, or disqualify the property from maintaining its tax-exempt status.

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News Coverage

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Where This Stands

Current status: Signed into law.

Procedural history

16 actions
  1. Apr 2, 2026Enrolled
    Signed by Governor on 04/02/26 Session Law Chapter 288 Effective: 07/01/2026
  2. Apr 1, 2026
    Reported delivered to Governor at 1:24 p.m. on 04/01/26
  3. Apr 1, 2026
    Reported signed by the Speaker & ordered delivered to Governor
  4. Apr 1, 2026
    Received from Senate; Signed by Speaker; Returned to Senate
  5. Mar 31, 2026
    Reported enrolled; signed by President; to House for signature of Speaker
  6. Mar 31, 2026Committee
    Returned From House Passed; referred to enrolling
Show 10 earlier actions
  1. Mar 30, 2026Floor
    Rules Suspended: Ayes 66 Nays 0 Abs/Excd 4, read in full as required – PASSED - 66-0-4 AYES – 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. Speaker NAYS – None Absent – Egbert, Haws, McCann, Palmer Floor Sponsor - Raybould Title apvd - to Senate
  2. Mar 30, 2026
    Read second time; Filed for Third Reading
  3. Mar 27, 2026
    Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
  4. Mar 23, 2026Introduced
    Read First Time, Referred to State Affairs
  5. Mar 23, 2026
    Received from the Senate, Filed for First Reading
  6. Mar 20, 2026Floor
    Read third time in full – PASSED - 35-0-0 AYES – 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, Zuiderveld NAYS – None Absent and excused – None Floor Sponsor - Anthon Title apvd - to House
  7. Mar 19, 2026
    Read second time; filed for Third Reading
  8. Mar 18, 2026
    Reported out of Committee with Do Pass Recommendation; Filed for second reading
  9. Mar 17, 2026Committee
    Reported Printed; referred to State Affairs
  10. Mar 16, 2026Introduced
    Introduced; read first time; referred to JR for Printing

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Connected Entities

State Affairs Committee
OrganizationState Affairs Committee“Committee that introduced Senate Bill 1389”Map →

Sources

Open source document

legislature.idaho.gov

Analysis Score

0–100
  • Significance60
    How much this matters to a regular citizen
  • Controversy10
    Intensity of disagreement among stakeholders
  • Entertainment5
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  • Buzz25
    Current news / social attention level

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