32-403. APPLICATION FOR AND ISSUANCE OF LICENSE. (1) Every county recorder who shall have personal knowledge of the competency of the parties for whose marriage a license is applied for, shall issue such license upon payment or tender to him of his legal fee therefor; and if such recorder does not know of his own knowledge that the parties are competent under the laws of the state to contract matrimony, he shall take the affidavit in writing of the person or persons applying for such license, and of other persons as he may see proper, and of any persons whose testimony may be offered; and if it appears from the affidavit so taken that the parties for whose marriage the license in question is demanded are legally competent to marry, the recorder shall issue such license, and the affidavits so taken shall be his warrant against any fine or forfeiture for issuing such license. Provided, however, that in the event either of the parties for whose marriage the license in question is applied for is under the age of eighteen (18) years, the recorder shall not issue such license except upon compliance with the consent and proof of age requirements set forth in section 32-202, Idaho Code.

(2) Every application for a marriage license shall include the social security numbers of the parties applying for the license.

(a) The requirement that an applicant provide a social security number shall apply only to applicants who have been assigned a social security number.

(b) An applicant who has not been assigned a social security number shall:

(i) Present written verification from the social security administration that the applicant has not been assigned a social security number; and

(ii) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and

(iii) Submit such proof as the department may require that the applicant is lawfully present in the United States.

History:

[(32-403) 1895, p. 166, sec. 3; reen. 1899, p. 278, sec. 3; reen. R.C. & C.L., sec. 2631; C.S., sec. 4611; am. 1931, ch. 149, sec. 1, p. 251; I.C.A., sec. 31-403; am. 1933, ch. 8, sec. 1, p. 8; am. 1967, ch. 326, sec. 2, p. 955; am. 1972, ch. 49, sec. 1, p. 88; am. 1982, ch. 356, sec. 1, p. 904; am. 1998, ch. 248, sec. 1, p. 809; am. 1999, ch. 334, sec. 1, p. 909.]