Title 34 — ELECTIONS

34-1406. Notice of election. The county clerk shall give notice for each political subdivision for any election by publishing such notice in the official newspaper of the county. The notice shall state the date of the election, the polling places, and the hours during which the p…

34-1407. Write-in candidates. (1) No write-in candidate for any nonpartisan elective office shall be counted unless a declaration of intent has been filed indicating that the person desires the office and is legally qualified to assume the duties of the office. The declaration of…

34-1408. Absentee ballots. Any registered elector may vote at any election by absentee ballot as provided in chapter 10, title 34, Idaho Code. In the event of a written application to the county clerk for an absentee ballot, the application shall be deemed to be an application fo…

34-1409. Conduct of election on election day. At all elections conducted by any political subdivision, 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 comes…

34-1410. canvassing of election results. The board of county commissioners shall conduct the canvass of the election results within ten (10) days after the election, in the manner provided in chapter 12, title 34, Idaho Code. The county clerk shall certify the election results to…

34-1411. Payment of election expenses by county. (1) On and after January 1, 2011, no county shall charge any taxing district, as defined in section 63-201, Idaho Code, for expenses associated with conducting any election on behalf of any taxing district, with the exception of ex…

34-1412. terms of office going beyond next election date. Notwithstanding any other provision of law to the contrary, whenever a member of the governing board of a taxing district has been elected to a term of office that goes beyond the next election date as provided by statute,…

34-1413. procedures for certain political subdivision elections to modify voting procedures. Any county that wishes to modify voting procedures for a political subdivision election shall submit an election plan to the secretary of state for approval for the modified voting proced…

34-1414. election by zones — exception for certain political subdivisions. Notwithstanding any other provision of law to the contrary, the governing body of any political subdivision that contains no more than one hundred forty (140) registered voters at the last general election…

34-1415. election zones, districts, and subdistricts. Any city or special district subject to the provisions of this chapter whose governing body members are elected by separate zones, districts, or subdistricts shall notify the county clerk of any approved changes in the boundar…

34-1501. Certificates of election. The secretary of state shall prepare lists of the names of the electors of president and vice-president of the United States, elected at any election, procure thereto the signature of the governor, affix the seal of the state to the same, and de…

34-1502. Election for presidential electors. There shall be an election held in this state for the election of such electors, at the times appointed by any law of the Congress or the Constitution of the United States for such election, and when such election shall be special, the…

34-1503. Meeting of electors. The electors chosen to elect a president and vice-president of the United States shall, at twelve (12) o’clock noon on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this state, and then an…

34-1504. Notice to governor — Vacancies, how filled. Each elector of president and vice-president of the United States shall, before the hour of twelve (12) o’clock on the day next preceding the day fixed by the law of Congress to elect a president and vice-president, give notice…

34-1505. Filling vacancies — Tie vote. If more than the number of persons required to fill the vacancies, as aforesaid, have the highest and an equal number of votes, then the governor, in the presence of the electors attending, shall decide by lot which of said persons shall be …

34-1506. Notification of election to fill vacancy. Immediately after such choice is made the names of the persons so chosen shall forthwith be certified to the governor by the electors making such choice; and the governor shall cause immediate notice to be given in writing to the…

34-1507. Compensation and mileage of electors. Every elector of this state for the election of president and vice president of the United States, hereafter elected, who shall attend and give his vote for those offices at the time and place appointed by law, shall be compensated a…

34-1701. Officers subject to recall. The following public officers, whether holding their elective office by election or appointment, and none other, are subject to recall: (1) State officers: (a) The governor, lieutenant-governor, secretary of state, state controller, state trea…

34-1702. Required signatures on petition. A petition for recall of an officer shall be instituted by filing with the appropriate official a verified written petition requesting such recall. (1) If the petition seeks recall of any of the officers named in subsection (1)(a) of sect…

34-1703. Form of petition. (1) The recall petition for state officers other than members of the state legislature shall be in substantially the following form: RECALL PETITION To the Honorable…., Secretary of State for the State of Idaho: We, the undersigned citizens and register…

34-1704. Printing of petition and sheets for signatures — Time limits for perfecting petition. (1) Before or at the time of beginning to circulate any petition for the recall of any officer subject to recall, the person or persons or organization or organizations under whose auth…

34-1705. Verification on sheets for signatures. Each and every signature sheet of each petition containing signatures shall be verified on the face thereof in substantially the following form by the person who circulated said sheet of the petition, by his or her affidavit thereon…

34-1706. Examination and certification of signatures. All petitions with attached signature sheets shall be filed on the same day with the secretary of state or county clerk, as the case may be. The secretary of state shall promptly transmit the petitions and attached signature s…

34-1707. Sufficiency of petition — Notification — Effect of resignation — Special election. (1) In the event that a petition filed with the secretary of state is found by the secretary of state to contain the required number of certified signatures, the secretary of state shall p…

34-1708. Form of recall ballot. The ballot at any recall election shall be headed "RECALL BALLOT" and on the ballot shall be printed in not more than two hundred (200) words the reason for demanding the recall of the officer named in the recall petition, and in not more than two …

34-1709. Officer to continue in office. The officer named in the recall petition shall continue to perform the duties of his office until the results of the special recall election are officially proclaimed.

34-1710. Conduct of special recall election. Special elections for the recall of an officer shall be conducted and the results thereof canvassed and certified in all respects as general elections, except as otherwise provided. Nothing in this chapter shall preclude the holding of…

34-1711. Canvass of returns. (1) The board of county commissioners shall act as the board of canvassers for all special recall elections that involve elections held wholly or partly within their county. (a) For all special recall elections involving state officers, the board of c…

34-1712. General election laws control. (1) The provisions relating to general elections, including the payment of expenses of conducting the recall election, shall govern special recall elections except where otherwise provided. (2) Whenever a special recall election is ordered,…

34-1713. Time within which recall may be filed — Removal of signatures. (1) No petition for a recall shall be circulated against any officer until he has actually held office under the current term for at least ninety (90) days. (2) After one (1) special recall election, no furth…

34-1714. Prohibited acts — Penalties. (1) A person is guilty of a felony who: (a) Signs any name other than his own to any recall petition; (b) Knowingly signs his name more than once on the same recall petition; (c) Knowingly signs his name to any recall petition for the recall …

34-1715. Refusal to accept petition — Mandate — Injunction. If the secretary of state or county clerk refuses to accept and file any petition for the recall of a public officer with the requisite number of eligible signatures, any citizen may apply within ten (10) business days a…

34-1801. Statement of legislative intent and legislative purpose. The legislature of the state of Idaho finds that there have been incidents of fraudulent and misleading practices in soliciting and obtaining signatures on initiative or referendum petitions, or both, that false si…

34-1801A. Petition. (1) An initiative petition shall embrace only one (1) subject and matters properly connected with it. (2) The following shall be substantially the form of petition for any law proposed by the initiative: WARNING It is a felony for anyone to sign any initiative…

34-1801B. initiative and referendum procedures for cities. Each city shall allow direct legislation by the people through the initiative and referendum. Cities shall follow the procedures set forth in this chapter subject to the following provisions: (1) The city attorney shall p…

34-1801C. initiative and referendum procedures for counties. Each county shall allow direct legislation by the people through the initiative and referendum. Counties shall follow the procedures set forth in this chapter subject to the following provisions: (1) The county prosecut…

34-1802. Initiative petitions — Time for gathering signatures — Time for submission of signatures to the county clerk — Time for filing. (1) Except as provided in section 34-1804, Idaho Code, petitions for an initiative shall be circulated and signatures obtained beginning upon t…

34-1803. Referendum petitions — Time for filing — When election held — Effective date of law. Referendum petitions with the requisite number of signatures attached, as verified by county clerks pursuant to section 34-1807, Idaho Code, shall be filed with the secretary of state no…

34-1803B. Initiative and referendum petitions — Removal of signatures. (1) The signer of any initiative or referendum petition may remove his or her own name from the petition by crossing out, obliterating or otherwise defacing his or her own signature at any time prior to the ti…

34-1804. initial filing of ballot measure — Printing of petition and signature sheets — proposed funding and fiscal information. (1) Before or at the time of beginning to circulate any petition for the referendum to the people on any act passed by the state legislature of the sta…

34-1805. Sponsors to print petition — Number of signers required. (1) After the form of the initiative or referendum petition has been approved by the secretary of state as provided in sections 34-1801A through 34-1822, Idaho Code, the same shall be printed by the person or perso…

34-1806. Binding of petition and signature sheets — Approved measures to be printed with session laws. When any such initiative or referendum petition shall be offered for filing the secretary of state shall detach the sheets containing the signatures and affidavits and cause the…

34-1807. Circulation of petitions — PAID signature gatherers — Verification of petition and signature sheets — certification of petition signers — Certain petitions and signatures void. (1) Any person who circulates any petition for an initiative or referendum shall be a resident…

34-1808. Filing of petition — Mandate — Injunction. If the secretary of state shall refuse to accept and file any petition for the initiative or for the referendum with the requisite number of signatures of qualified electors thereto attached, any citizen may apply, within ten (1…

34-1809. Review of initiative and referendum measures by attorney general — Certificate of review prerequisite to assignment of ballot title — Ballot title — Judicial review. (1) After receiving a copy of the petition from the secretary of state as provided in section 34-1804, Id…

34-1810. Printing and designation of ballot titles on official ballots. (1) The secretary of state, at the time he furnishes to the county clerks of the several counties certified copies of the names of candidates for state and district offices shall furnish to each of said count…

34-1811. Manner of voting — Procedure when conflicting measures approved. The manner of voting upon measures submitted to the people shall be the same as is now or may be required and provided by law; no measure shall be adopted unless it shall receive an affirmative majority of …

34-1812. fiscal impact statements. (1) After receiving a copy of an initiative petition from the secretary of state as provided in section 34-1804, Idaho Code, the division of financial management, in consultation with any other appropriate state or local agency, shall prepare an…

34-1812A. Arguments concerning initiative and referendum measures. Any voter or group of voters may on or before July 31 prepare and file an argument, not to exceed five hundred (500) words, for or against any measure. Such argument shall not be accepted unless accompanied by the…

34-1812B. Submission of rebuttal arguments. When the secretary of state has received the arguments which will be printed in the voters’ pamphlet, the secretary of state shall immediately send copies of the arguments in favor of the proposition to the authors of the arguments agai…