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Committee backs liability protections to encourage volunteer polling places, sends S 1389 to the floor
Summary
The committee voted to send S 1389 to the Senate floor with a do-pass recommendation; the bill limits liability for property owners who volunteer their facilities as polling places, with proponents saying it preserves rural access and opponents warning it could remove accountability for unsafe facilities.
Senator Anthon introduced S 1389 to limit liability for private property owners who volunteer their facilities to be used as polling places. He said the change was intended to encourage property owners to offer space for voting, particularly in rural communities where accessible public buildings may be scarce.
Wyatt Johnson, representing the Idaho Trial Lawyers Association, testified in opposition, arguing property owners should remain accountable for the condition of their premises and for incidents that occur. Senator Harris and others questioned how counties would ensure safety if private facilities declined to volunteer; Senator Anthon responded that counties are responsible for selecting safe polling sites and would retain liability in the event of issues during polling.
Committee members expressed varying views: supporters said liability protection would increase available polling locations in rural areas, while some members and the association representative worried the exemption could reduce owners' incentives to maintain safe sites. After discussion, Senator Harris moved and Senator Toews seconded to send S 1389 to the floor with a do-pass recommendation; the motion carried by voice vote.
The committee's action advances the bill to the full Senate; counties retain responsibility for ensuring polling locations are safe and accessible, according to committee discussion.
