Title 34 — ELECTIONS

34-1004. Marking and folding of absentee ballot — Affidavit. Upon receipt of the absent elector’s ballot the elector shall thereupon mark and fold the ballot so as to conceal the marking, deposit it in the ballot envelope and seal the envelope securely. In the event an election r…

34-1005. Return of absentee ballot. (1) The return envelope shall be mailed or delivered to the officer who issued the same; provided, that an absentee ballot must be received by the issuing officer by 8:00 p.m. on the day of election before such ballot may be counted. (2) Upon r…

34-1006. County clerks shall provide one or more "absent electors’ voting place." (1) Each county clerk shall provide one (1) or more "absent electors’ polling place(s)" as determined necessary by each county. Each polling place shall be provided with voting booths and other nece…

34-1007. counting absentee ballots. (1) In those counties that count ballots at the polls, upon receipt of absent elector’s ballot or ballots, the officer receiving them shall forthwith enclose the same, unopened in a carrier envelope endorsed with the name and official title of …

34-1008. Deposit of absentee ballots. Between the opening and closing of the polls on such election day the judges of election of such precinct shall open the carrier envelope only, announce the absent elector’s name, and in the event they find such applicant to be a duly registe…

34-1009. Challenging absentee elector’s vote. The vote of any absent elector may be challenged in the same manner as other votes are challenged and the receiving judges shall have power and authority to determine the legality of such ballot. If the challenge be sustained, or if t…

34-1010. Rejection of defective ballots. All absent electors’ identification envelopes, ballot stubs and absent electors’ ballots rejected by the judges in accordance with the provisions of this act shall be returned to the county clerk. All absent electors’ ballots received by t…

34-1011. County clerk’s record of applications for absent elector’s ballots. (1) The county clerk shall keep a record in his office containing a list of names and precinct numbers of electors making application for absent elector’s ballots, together with the date on which such ap…

34-1012. alternative procedures for absentee voting — early voting. (1) Those counties that utilize absentee voting facilities that have access to the Idaho statewide voter registration system and count ballots at a central location or utilize a polling location-based tabulation …

34-1013. early voting ballot security. (1) A detailed plan for the security of ballots for early voting shall be submitted to the secretary of state for approval no later than the third Friday of January or at least thirty (30) days prior to implementing an early voting plan. Onc…

34-1101. Opening and closing of polls. (1) At all elections conducted pursuant to title 34, Idaho Code, the polls shall be opened at 8:00 A.M. and remain open until all registered electors of that precinct have appeared and voted or until 8:00 P.M. of the same day, whichever come…

34-1102. Changing polling place — Proclamation and notice. Whenever it shall become impossible or inconvenient to hold an election at the place designated therefor, the judges of election, after assembling and before receiving any vote, may adjourn to the nearest convenient place…

34-1103. Opening ballot boxes. (1) In the presence of bystanders the judges of elections shall break the sealed packages of election ballots and other supplies. (2) Before receiving any ballots the judges shall open and exhibit, close and lock the ballot boxes, and thereafter the…

34-1104. Judges may administer oaths — Challenge of voters. Any judge may administer and certify any oath required to be administered during the progress of an election or challenge any elector.

34-1105. Duties of constable. The judges of election may appoint some capable person to act as election constable during the election, and he shall have the power to make arrests for disturbance of the peace, as provided by law for constables, and he shall allow no one within the…

34-1106. Signing combination election record and poll book — Delivery of ballot to elector. (1) An elector desiring to vote shall state his name and address to the judge or clerk in charge of the combination election record and poll book. (2) Before receiving his ballot, each ele…

34-1106A. electronic poll book authorized. (1) A county may adopt the use of any electronic poll book that has been certified by the secretary of state for use in this state. A county that opts to use electronic poll books shall notify the secretary of state of that decision. (2)…

34-1107. Manner of voting. On receipt of his ballot the elector shall retire to a vacant voting booth and mark his ballot according to the instructions provided by law. After marking his ballot, the elector shall present himself to the judge at the ballot box and state his name a…

34-1108. Assistance to voter. (1) If any registered elector is unable, due to physical or other disability, to enter the polling place, he may be handed a ballot outside the polling place but within forty (40) feet thereof by one (1) of the election clerks, and in his presence bu…

34-1109. Spoiled ballots. No person shall take or remove any ballot from the polling place. If an elector inadvertently or by mistake spoils a ballot, he shall return it folded to the distributing clerk, who shall give him another ballot. The ballot thus returned shall, without e…

34-1110. Officers not to divulge information. No judge or clerk shall communicate to anyone any information as to the name or number on the registry list of any elector who has not applied for a ballot, or who has not voted at the polling place; and no judge, clerk or other perso…

34-1111. Challenging voters. In case any person offering to vote is challenged one (1) of the judges must declare the qualifications of an elector to such person. If the person so challenged then declares himself duly qualified, and the challenge is not withdrawn, one (1) of the …

34-1112. Handbook of elector’s qualifications. The secretary of state shall prepare a handbook which sets forth the qualifications of an elector which shall aid the judges of election to determine whether a person is qualified to vote at the election. A sufficient number of these…

34-1113. identification at the polls. All voters shall be required to provide personal identification before voting at the polls or at absent electors polling places as required by section 34-1006, Idaho Code. The personal identification that may be presented shall be one (1) of …

34-1114. affidavit in lieu of personal identification. If a voter is not able to present personal identification as required in section 34-1113, Idaho Code, the voter may complete an affidavit in lieu of the personal identification. The affidavit shall be on a form prescribed by …

34-1201. Canvass of votes. (1) When the polls are closed, the judges must immediately proceed to count the ballots cast at such election. The counting must be continued without adjournment until completed and the result declared. (2) If the precinct has duplicate ballot boxes, th…

34-1202. Comparison of poll lists and ballots — Void ballots. The counting must commence by comparison of the ballots and the poll lists from the commencement, and a correction of any mistake that may be found therein, until they are found to agree. The ballot box shall be opened…

34-1202A. Void ballot not counted. At any bond election conducted by the state of Idaho, its agencies, institutions, political subdivisions and municipal and quasi-municipal corporations, any ballot or part of a ballot from which it is impossible to determine the elector’s choice…

34-1203. Counting of ballots — Certificates of judges. (1) The ballots and polls lists agreeing, the election personnel shall then proceed to tally the votes cast. Under each office title, the number of votes for each candidate and such other information required by the secretary…

34-1203A. postelection audit of selected ballots. (1)(a) After the completion of all county canvasses for any primary or general election, the secretary of state shall identify and order a postelection audit of certain paper ballots cast in any election, shall immediately post to…

34-1204. Transmission of supplies to county clerk. After the counting of the votes, the judges of the election shall enclose and seal the combination election record and poll book, tally books, all ballot stubs, unused ballot books, and other supplies in a suitable container and …

34-1205. County board of canvassers — Meetings. The county board of commissioners shall be the county board of canvassers and the county clerk shall serve as its secretary for this purpose. The county board of canvassers shall meet within nine (9) days after an election for the p…

34-1206. Board’s statement of votes cast. The board shall examine and make a statement of the total number of votes cast for all candidates or special questions that shall have been voted upon at the election. The statement shall set forth the special questions and the names of t…

34-1207. Canvass Report. (1) After the canvass of the votes for each office, the board shall cause the county clerk to complete a canvass report, which shall then be signed by each member of the board. The canvass report shall be in a form and contain information as prescribed by…

34-1208. Certificates of nomination or election. Immediately after the primary election canvass the county clerk shall issue certificates of nomination to the political party candidates of each party who receive the highest number of votes for their particular county office, and …

34-1209. Certificates of election to county candidates after general election. Immediately after the general election canvass, the county clerk shall issue a certificate of election to the county candidates who received the highest number of votes for that particular office and t…

34-1210. Tie votes in county elections. In the case of a tie vote between candidates at a primary election or general election, the interested candidates shall appear before the county clerk within two (2) days after the canvass and the tie shall be determined by a toss of a coin…

34-1211. State board of canvassers — Meetings. The secretary of state, state controller and state treasurer shall constitute the state board of canvassers. The functions of the board shall be election functions, and the secretary of state shall be chairman of the board. The state…

34-1212. Examination and certification of county canvasses by state board. The board shall examine the canvass reports and make a statement of the total number of votes cast for all federal, state and district candidates or special questions that shall have been voted upon at the…

34-1213. Certification of canvass by board. After the examination of the canvass reports, the board shall make a statement of the total number of votes cast at any such election for all the candidates for federal, state or district offices, which statement shall show the names of…

34-1214. Certificates of nomination or election to federal, state, district or nonpartisan offices after primary. (1) Immediately after the primary election canvass, the secretary of state shall issue certificates of nomination to the political party candidates of each party who …

34-1215. Certificates of election to federal, state and district offices after general election. Immediately after the general election canvass, the secretary of state shall issue certificates of election to the federal, state and district candidates who received the highest numb…

34-1216. Tie votes — In state or district elections. In the case of a tie vote between the candidates at a primary or general election, the interested parties or their authorized agents shall appear before the secretary of state within two (2) days after the canvass and the tie s…

34-1217. Canvassing returns of judicial elections — Certificates of nomination or election. The board of county commissioners shall canvass the returns of the judicial nominating election at the time the returns of the primary election are canvassed, shall determine, and cause th…

34-1401. Election administration. (1) Notwithstanding any provision to the contrary, the county clerk shall administer all elections on behalf of any political subdivision, subject to the provisions of this chapter, including all special district elections and elections of specia…

34-1402. Registration. All electors must register with the county clerk before being able to vote in any primary, general, special or any other election conducted in this state. The county clerk shall determine, for each registered elector, the elections for which he is eligible …

34-1403. Conduct of elections. All elections conducted in this state on behalf of each political subdivision within the county shall be conducted in a uniform manner with regard to the qualifications of electors and shall be conducted on the dates as provided by law. In the event…

34-1404. Declaration of candidacy. (1) Candidates for election in any political subdivision shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the office for which the nomination is made, the term for which nomination is made, and the si…

34-1405. Notice of election filing deadline. (1) Not more than fourteen (14) nor less than seven (7) days preceding the candidate filing deadline for an election, the county clerk shall cause to be published a notice of the forthcoming candidate filing deadline for all taxing dis…

34-1405A. withdrawal of candidacy. A candidate for nomination or candidate for election to an office may withdraw from the election by filing a notarized statement of withdrawal with the officer with whom his declaration of candidacy was filed. The statement must contain all info…