Title 31, COUNTIES AND COUNTY LAW

31-205. Contesting right to sign petition. Any citizen and legal voter at general elections in said county may contest the right of any person whose name is subscribed to said petition, to sign such petition under this chapter, and shall have the right to contest said petition as…

31-206. Procedure in case of contest. It shall be the duty of said court, on the first day of and during said term of court, to hear all evidence for and against said petition or petitions as to the lists of names filed in said court under this chapter, and to strike from such pe…

31-207. Contests have precedence — Decision of district court final. All cases of contest arising upon said petitions or affidavits shall have precedence over all other cases at said term of said court, and shall be heard and determined at said term, and the decision of the court…

31-208. Voting for removal of county seat. The voting for the removal of any county seat shall be by ballot, and each ballot shall have printed or written thereon the words stated in section 31-214, Idaho Code. Such ballot shall be smaller than the general election ballots and sh…

31-209. Challenging voters. Any person who offers to vote on the question of the removal of the county seat may be challenged by any person and for any of the reasons allowed for other challenges, and the rules provided for other challenges shall apply to such challenges.

31-210. Canvass of returns. The returns for county seat elections shall be canvassed by the same officers and in the same manner as the returns for county and precinct officers are canvassed, and the result of the vote for the removal of the county seat shall be officially declar…

31-211. Result of vote. When the attempt has been made to remove the county seat of any county, as in this chapter provided, and the county board of canvassers have found and declared that two-thirds (2/3) of the voters of the county who have voted for or against such removal hav…

31-212. Changing county boundaries. Whenever the boards of county commissioners of affected counties have by joint ordinance provided that a part of an affected county be stricken off from said county and annexed to an adjoining affected county, the provisions of the constitution…

31-213. Conduct of election. The rules and regulations for voting at county seat elections, as provided in this chapter, so far as they apply to ballots, voting, challenging, canvassing the returns and declaring the result, shall apply to elections for the striking off of any par…

31-214. Form of ballot. It shall be the duty of the auditor of the county wherein it is proposed to hold an election for the removal of the county seat, or changing county lines, to cause to be printed separate ballots at the same time and in the same manner as ballots for the ge…

31-301. Auditor and recorder’s records. The ex officio auditor and recorder of any county in this state which has heretofore been, or may hereafter be, divided by the legislature shall, upon demand in writing by the ex officio auditor and recorder of any county which has been cre…

31-302. Legal effect of transferred records. The book records, plats, chattel mortgages, tax sale certificates and other records, aforesaid, when they shall be delivered to the ex officio auditor and recorder of the newly-created county, shall be deemed to be a part of the record…

31-303. Tax collector’s records. The county tax collector of the divided county shall immediately, after the passage and approval of this chapter, proceed to make and certify to a transcript of so much of the tax rolls of his office as show taxes levied and assessed against perso…

31-401. Authority for county consolidation. Counties of the state of Idaho as they now exist, or may hereafter be created or exist, may be consolidated as in this act provided.

31-402. Time for holding elections to consolidate counties. All elections for the consolidation of counties shall be held at the November general election.

31-403. Petition for consolidation. Not less than ninety (90) days nor more than six (6) months prior to the date specified in section 31-402, Idaho Code, a petition may be circulated in any county praying for the consolidation of such county with another county. Such petition sh…

31-404. Signing of petition — Qualifications of signers — Petition open to inspection. Each person signing such petition shall write, or cause to be written, opposite his name the name or number of the precinct in which he resides; and no person shall be entitled to sign such pet…

31-405. Right to contest petition. Any qualified elector of the county shall have the right to contest the right of any person whose name is subscribed to such petition to file the same, or to contest said petition as to any name or names subscribed thereto which he believes are …

31-406. Hearing of contest. Said petition, with any such contesting lists and affidavits, shall be presented to the court, or to the judge thereof at chambers if the court is not in session, not less than ten (10) nor more than fifteen (15) days after the petition has been filed …

31-407. Provision for holding election — Notice thereof to be given. If the court shall order an election, copies of such order, certified by the clerk, shall at once be filed with the county clerk of the county which it is proposed to consolidate, and also with the county clerk …

31-408. Preparation and form of ballots. It shall be the duty of the county clerk of each of said counties to cause ballots to be printed to state: "Shall …. County be consolidated with …. County? □ Yes □ No" The county clerk in each county shall send the requisite number of ball…

31-409. Conduct of election. The polls in the several election precincts on the day any such election is held shall be open as provided in chapter 14, title 34, Idaho Code. No adjournments or intermissions whatever shall take place until the polls shall be closed and the votes co…

31-410. Who qualified to vote. No person shall be qualified to vote at any such election unless he is a qualified elector of the county and state in which he offers to vote and unless he be duly registered in the precinct where he offers to vote.

31-411. Provisions of general election laws made applicable. The provisions of the general election laws relative to the holding of elections, the appointment of judges and clerks of election, the registration of voters, the solicitation of voters at the polls, the manner of cond…

31-412. Result of vote. When an election has been held, as in this act provided, and the county board of canvassers in each of said counties have found and declared that two-thirds (2/3) of the voters in each county who have voted for or against such consolidation have voted in f…

31-413. Payment of floating indebtedness — Disposition of bonded debt. The floating indebtedness of the counties so consolidated, existing and owing at the time the consolidation becomes effective, evidenced by warrants, orders, tax anticipation notes or bonds, and claims outstan…

31-414. Transfer of records — Sale of property. Promptly after such consolidation becomes effective, all records, files, proceedings, instruments, documents, bonds, reports, maps, plats, rolls and the like shall be delivered to and taken possession of by the appropriate officer o…

31-415. Disposition of county moneys. The county treasurer of the formerly existing county shall turn over to the treasurer of the consolidated county all funds in his official possession or control belonging to municipal or quasi municipal corporations, and the proper record of …

31-416. Transfer of civil, criminal and probate matters. All civil and criminal actions and special proceedings, and all records and files pertaining thereto, pending in the formerly existing county, shall be transferred to the office of the clerk of the court of the consolidated…

31-501. Bonds authorized in new counties to put finances on cash basis. The board of county commissioners of any new county which may have been formed, organized or created pursuant to the acts of the legislature of the state of Idaho, approved subsequent to the first day of Janu…

31-502. General county bonding provisions applicable. All such bonds shall conform to, and provisions be made for their payment in accordance with the provisions of sections 3519, 3522, 3524 and 3526 of the Compiled Statutes of Idaho.

31-503. Certificate of determination. Before the board of county commissioners of a county shall issue bonds under the provisions of this chapter the board must first ascertain and determine that the particular bonded, warrant or other indebtedness of the county, proposed to be r…

31-504. Limitation on principal. No bonds issued pursuant to the provisions of this chapter shall in any wise increase the principal amount of the existing indebtedness of the county.

31-505. Interpretation — No repeal. This chapter shall not in any wise be construed as a repeal of any of the power and authority vested in the board of county commissioners of any new county by act of the legislature particularly relating to such new county.

31-601. Every county a body corporate. Every county is a body politic and corporate, and as such has the powers specified in this title or in other statutes, and such powers as are necessarily implied from those expressed.

31-602. Exercise of powers. Its powers can only be exercised by the board of county commissioners, or by agents and officers acting under their authority, or authority of law. The purchasing power of the county, and the authority to contract for purchases, may be delegated to ano…

31-603. Corporate name. The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property and duties.

31-604. Enumeration of powers. It has power: 1. To sue and be sued. 2. To purchase and hold lands. 3. To make such contracts, and purchase and hold such personal property, as may be necessary to the exercise of its powers. 4. To make such orders for the disposition or use of its …

31-605. Counties not to loan credit. No county must in any manner loan or give its credit to or in aid of any person, association or corporation unless it is expressly authorized by law so to do.

31-701. Constitution of board. Each county must have a board of county commissioners consisting of three (3) members.

31-702. District from which elected. Each member of a board of commissioners must meet the residency requirements in the county and district which he represents as set out in section 34-617, Idaho Code.

31-703. Term of office. The term of office of a commissioner shall be as follows: At the general election in 1936, two members shall be elected for a term of two (2) years and one member for a term of four (4) years; at each biennial election thereafter, one member shall be elect…

31-704. Commissioners’ districts. At the regular meeting in January, preceding any general election, the board of commissioners must district their county into three (3) districts, as nearly equal in population as may be, to be known as county commissioners’ districts, numbers on…

31-705. Election of chairman. The members of the board of commissioners must, at their first regular meeting on the second Monday of January next after their election, elect a chairman from their number.

31-706. Quorum — Temporary chairman — Administering oaths. A majority of the board constitutes a quorum. The chairman must preside at all meetings of the board, and in case of his absence or inability to act, the members present must, by an order, select one of their number to ac…

31-707. Clerk of board. The county auditor is ex officio clerk of the board of commissioners. The records must be signed by the chairman and the clerk.

31-708. Duties of clerk. The clerk of the board must: 1. Record all the proceedings of the board. 2. Make full entries of all their resolutions and decisions on all questions concerning the raising of money for, and the allowance of accounts against, the county. 3. Record the vot…

31-709. Records to be kept. The board must cause to be kept permanently and indefinitely, in accordance with the provisions of section 31-871A, Idaho Code: 1. Minute records, in which must be recorded all orders and decisions made by them, and the daily proceedings had at all reg…

31-710. Meetings. (1) The regular meetings of the boards of commissioners must be held at their respective county seats on the second Monday of each month of the year, or if the board determines that county affairs require regular meetings more often, then at such times as may be…

31-714. Ordinances — Penalties. The board of county commissioners may pass all ordinances and rules and make all regulations, not repugnant to law, necessary for carrying into effect or discharging the powers and duties conferred by the laws of the state of Idaho, and such as are…