Title 34 — ELECTIONS
21 chapters · 383 sections in this title.
Idaho Code § 34-2101 short title — intent
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34-2101. short title — intent. (1) This chapter shall be known and may be cited as the "Election Contests Act." (2) The purpose of this act is to simplify and clarify the laws governing election contests of legislative seats and election contests for all officers of the executive…
Idaho Code § 34-2102 definitions
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34-2102. definitions. For the purposes of this chapter, the following terms have the following meanings: (1) "Body" means the Idaho senate or the Idaho house of representatives or both. (2) "Contestee" means the individual against whom the contest of election is filed. (3) "Conte…
Idaho Code § 34-2103 JURISDICTION — CONTESTS OVER LEGISLATIVE OFFICES — CONTESTS OVER EXECUTIVE OFFICES
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34-2103. JURISDICTION — CONTESTS OVER LEGISLATIVE OFFICES — CONTESTS OVER EXECUTIVE OFFICES. (1) Contests over legislative offices. (a) The senate will hear and determine contests of the election of its members. (b) The house of representatives will hear and determine contests of…
Idaho Code § 34-2104 Grounds of contest
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34-2104. Grounds of contest. The election of any person to any legislative or state executive office may be contested: (1) For misconduct, fraud or corruption as provided in section 34-2107, Idaho Code, on the part of one (1) or more judges of election in any precinct or township…
Idaho Code § 34-2105 legislative rules
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34-2105. legislative rules. In addition to the provisions of this chapter, the legislature may provide: (1) Senate rules regarding senate election contests. (2) House of representatives rules regarding house of representatives election contests. (3) Joint rules regarding executiv…
Idaho Code § 34-2106 contest for legislative offices — exception regarding presiding officers
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34-2106. contest for legislative offices — exception regarding presiding officers. Notwithstanding the provisions of sections 34-2101 through 34-2119, Idaho Code, in the event a presiding officer occupies the legislative seat that is the subject of an election contest, the majori…
Idaho Code § 34-2107 MISCONDUCT OF ELECTION JUDGES — WHEN SUFFICIENT TO SET ASIDE AN ELECTION
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34-2107. MISCONDUCT OF ELECTION JUDGES — WHEN SUFFICIENT TO SET ASIDE AN ELECTION. Misconduct on the part of the judges of election is sufficient to set aside the election if the misconduct would change the result regarding that office.
Idaho Code § 34-2108 NOTICE OF CONTEST — LEGISLATIVE — EXECUTIVE DEPARTMENT — GROUNDS — SERVICE — ANTICIPATED DISCOVERY
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34-2108. NOTICE OF CONTEST — LEGISLATIVE — EXECUTIVE DEPARTMENT — GROUNDS — SERVICE — ANTICIPATED DISCOVERY. (1) Legislative contest. Within twenty (20) days after the election, whenever any elector of a legislative district chooses to contest the election of any member of the le…
Idaho Code § 34-2109 Summary dismissal
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34-2109. Summary dismissal. (1) If the notice of contest fails to recite any grounds required by section 34-2104, Idaho Code, or fails to identify anticipated discovery as provided in section 34-2108, Idaho Code, or the contestor fails to timely post bond as provided in section 3…
Idaho Code § 34-2110 EXAMINATION OF WITNESSES — SUBPOENAS
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34-2110. EXAMINATION OF WITNESSES — SUBPOENAS. Unless otherwise provided for in legislative rule, the following provisions apply: (1) Examination of witnesses. Unless otherwise ordered by the presiding officer or his designee, any party may take the testimony of any person by dep…
Idaho Code § 34-2111 TESTIMONY — HOW TAKEN, CERTIFIED AND PRESERVED
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34-2111. TESTIMONY — HOW TAKEN, CERTIFIED AND PRESERVED. The testimony by deposition upon oral examination must be taken and preserved pursuant to the provisions of the Idaho rules of civil procedure. The deposition record must be entitled: "Deposition taken in the matter of the …
Idaho Code § 34-2112 PRODUCTION OF PAPERS — REFUSAL OR NEGLECT TO PRODUCE A MISDEMEANOR
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34-2112. PRODUCTION OF PAPERS — REFUSAL OR NEGLECT TO PRODUCE A MISDEMEANOR. The presiding officer has power to require the production of papers. Any person who refuses or neglects to produce and deliver any paper or papers in his possession pertaining to the election or, in case…
Idaho Code § 34-2113 EXAMINATION OF POLL BOOKS AND BALLOTS
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34-2113. EXAMINATION OF POLL BOOKS AND BALLOTS. (1) Except as provided in subsection (2) of this section, if, at the time of taking depositions to be used in a contested election, the notice of contest alleges that it is necessary for the determination of the contest that the bal…
Idaho Code § 34-2114 CONTEST PAPERS DELIVERED TO PRESIDING OFFICERS
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34-2114. CONTEST PAPERS DELIVERED TO PRESIDING OFFICERS. (1) Senate election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the presiding officer of the senate all papers regarding a contested election of any mem…
Idaho Code § 34-2115 Notice of receiving papers
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34-2115. Notice of receiving papers. (1) Senate election contest. On the day of the receipt by the presiding officer of the senate, or his designee, of papers relating to contested elections, the presiding officer, in the appropriate order of business, must give notice to the sen…
Idaho Code § 34-2116 OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE
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34-2116. OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE. (1) Unless otherwise provided by legislative rule, the papers relating to any contest of election must be opened only in the presence of the body as directed by the presiding officer. Except as provided in subsect…
Idaho Code § 34-2117 PRESERVATION OF EVIDENCE
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34-2117. PRESERVATION OF EVIDENCE. (1) Except as provided for in subsection (2) of this section, all the evidence in any contest provided for in this chapter will be returned by the presiding officer, or his designee, to the secretary of state and will be preserved in the office …
Idaho Code § 34-2118 Security for costs — Assessment of costs and fees — assessment of attorney’s fees
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34-2118. Security for costs — Assessment of costs and fees — assessment of attorney’s fees. (1) The contestor must file with the secretary of state a bond in the amount of one thousand dollars ($1,000) conditioned to pay the contestee’s costs if the election be confirmed by the l…
Idaho Code § 34-2119 FORMs OF RELIEF
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34-2119. FORMs OF RELIEF. (1) The legislature must confirm or annul the election and must declare as elected the person who appears duly elected. (2) If two (2) or more persons have the highest and an equal number of votes for the same office, or if the legal ballots cast or inte…
Idaho Code § 34-2120 CONTEST OF NOMINATION AT PRIMARIES
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34-2120. CONTEST OF NOMINATION AT PRIMARIES. Any candidate at a primary election may contest the nomination of any candidate for the same office based on the grounds as set out in this chapter.
Idaho Code § 34-2121 JURISDICTION OVER PRIMARY CONTESTS
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34-2121. JURISDICTION OVER PRIMARY CONTESTS. A district court in the respective legislative district has jurisdiction over the primary contest involving a legislative election. For election contests involving statewide executive offices, the district court whose jurisdiction incl…
Idaho Code § 34-2122 Filing of affidavit
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34-2122. Filing of affidavit. A candidate wishing to contest a primary election must file an affidavit with the appropriate court within five (5) days of the completion of the canvass of the election. The affidavit must set forth information as required in section 34-2108, Idaho …
Idaho Code § 34-2123 Security for costs
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34-2123. Security for costs. Upon filing of the affidavit, the contestor must file with the court a bond in the amount of one thousand dollars ($1,000) to be used to pay costs of the contestee in the event the primary election be confirmed or the prosecution fail.
Idaho Code § 34-2124 FRAUD OR ERROR BY THE ELECTION OFFICIAL
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34-2124. FRAUD OR ERROR BY THE ELECTION OFFICIAL. If the primary election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the election returns, the court costs must be a charge against the state of Id…
Idaho Code § 34-2125 Discovery
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34-2125. Discovery. The court may order the production of such evidence as it deems necessary for the proper disposition of the primary contest pursuant to the Idaho rules of civil procedure. The election contest must be given priority on the court’s calendar.
Idaho Code § 34-2126 Remedies
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34-2126. Remedies. Not more than ten (10) days after the hearing, the court must render an opinion in a primary contest as soon as practicable and must prescribe such remedies provided in this chapter as it deems just. The court may award attorney’s fees if the court finds the co…
Idaho Code § 34-2127 Appeals
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34-2127. Appeals. (1) In primary election contests, the party against whom judgment is rendered on cases filed in the district court may appeal to the supreme court. The appeal must be taken within ten (10) days of the judgment of the district court. (2) The supreme court must gi…
Idaho Code § 34-2128 Cost on appeal
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34-2128. Cost on appeal. The appellant must file a bond sufficient to cover the cost of appeal of a primary contest. The amount of the bond on appeal must be set by the court.