Title 59 — PUBLIC OFFICERS IN GENERAL

59-820. Contribution between sureties. Whenever the sureties on either bond have been compelled to pay any sum of money on account of the principal obligor therein, they are entitled to recover, in any court of competent jurisdiction, of the sureties on the remaining bond, a dist…

59-821. Discharge of sureties by new bond. Whenever any sureties on the official bond of any officer wish to be discharged from their liability, they and such officer may procure the same to be done if such officer will execute a new bond, with sufficient sureties, in like form, …

59-822. Vacancies — Bond of appointee. Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as hereinbefore provided.

59-823. Release of sureties. Any surety on the official bond of a city, district, precinct, county or state officer may be relieved from liabilities thereon afterward accruing by complying with the provisions of the three (3) sections following.

59-824. Release of sureties — Application for release. Such surety must file with the judge, court, board, officer or other person authorized by law to approve such official bond, a statement in writing setting forth the desire of the surety to be relieved from all liabilities th…

59-825. Release of sureties — Service of statement. A copy of the statement must be served on the officer named in such official bond and due return or affidavit of service made thereon as in other cases.

59-826. Release of sureties — Office declared vacant. In twenty (20) days after the service of such notice the judge, court, board, officer, or other person with whom the same is filed, must make an order declaring such office vacant, and releasing such surety from all liability …

59-827. Release of sureties — Remaining sureties liable. The release, discharge, voluntary withdrawal, or incompetency, of a surety on any official bond, does not affect the bond as to the remaining sureties thereon, or alter or change their liability in any respect.

59-828. Release of sureties — Accrued liabilities unaffected. No surety must be released from damages or liabilities for acts, omissions, or causes existing or which arose before the making of the order releasing him from liability, but such legal proceedings may be had therefor …

59-829. Action on bonds — Lis pendens. When an action is commenced in any court in this state for the benefit of the state, to enforce the penalty of, or to recover money upon, an official bond or obligation, or any bond or obligation executed in favor of the state of Idaho, or o…

59-830. Lis pendens — Filing and recording — Effect — Clerk’s fees. Upon receiving such certificate, the county recorder must indorse upon it the time of its reception, and such certificate must be filed and recorded in the same manner as notices of the pendency of an action affe…

59-831. Notification of expiration or failure to furnish official bond — Collection and deposit of unearned premiums. In addition to the other duties prescribed by law, it shall be the duty of the secretary of state, in the case of official bonds of state officers or employees, a…

59-901. How vacancies occur. (1) Every elective civil office shall be vacant upon the happening of any of the following events at any time before the expiration of the term of such office, as follows: (a) The resignation of the incumbent. (b) The death of the incumbent. (c) Remov…

59-902. Resignations. Resignations of civil offices must be in writing, and may be made as follows: 1. By the governor, or the lieutenant governor, to the legislature, if in session; if not, to the secretary of state. 2. By senators and representatives in congress, and by all oth…

59-903. Notice of removal to appointing officer. Whenever an officer is removed, convicted of any infamous crime or offense involving a violation of his oath of office, or whenever his election or appointment is declared void, the body, judge, or officer before whom the proceedin…

59-904. State offices — Vacancies, how filled and confirmed. (a) All vacancies in any state office, and in the supreme and district courts, unless otherwise provided for by law, shall be filled by appointment by the governor. Appointments to fill vacancies pursuant to this sectio…

59-904A. Legislature — Vacancies, how filled. In the event of a vacancy in the house of representatives or senate of the state of Idaho, such vacancy shall be filled as herein provided. The legislative district committee of the same political party, if any, of the former member w…

59-905. Other state offices — County and city offices — Vacancies, how filled. Vacancies shall be filled in the following manner: In the office of the clerk of the Supreme Court, by the Supreme Court. In all other state offices, and in the membership of any board or commission cr…

59-906. County offices — Vacancies. (1) Except as provided in subsection (2) of this section, all vacancies in any county office of any of the several counties of the state, except that of the county commissioners (who shall be appointed by the governor), shall be filled by appoi…

59-906A. Board of county commissioners — Vacancies — How filled. In the event of a vacancy on a board of county commissioners, such vacancy shall be filled as herein provided. The county central committee of the same political party, if any, of the former member whose seat is vac…

59-907. Prosecuting attorney — Vacancy — Residency — Contracting with another prosecuting attorney. (1) In the event a vacancy exists and there are three (3) or fewer resident attorneys in the county who are willing and qualified to perform the functions of prosecuting attorney a…

59-908. Residence of appointed commissioner. Whenever the governor appoints a county commissioner to fill a vacancy in any county, he shall appoint a person who is a resident of the commissioner district of the county in which the vacancy exists.

59-910. United States senator — Vacancies, how filled. Whenever any vacancy shall occur in the office of United States senator from the state of Idaho by death, resignation or otherwise, the governor shall have the power and is hereby authorized and empowered to fill such vacancy…

59-911. Representative in congress — Vacancies, how filled. Whenever any vacancy shall occur in the office of representative in congress from the state, it shall be the duty of the governor to appoint a day to hold an election, subject to the provisions of section 34-106, Idaho C…

59-912. Vacancies not otherwise provided for — How filled. When any office becomes vacant, and no mode is provided by law for filling such vacancy, the governor must fill such vacancy by appointment.

59-913. Appointments to be in writing. Appointments under the provisions of this chapter shall be in writing, and continue until a successor is selected and qualified, and be filed with the secretary of state, or proper county auditor, respectively.

59-914. Assumption of office — Tenure in office. Any of the said officers that may be elected to fill vacancies may qualify and enter upon the discharge of the duties of their offices immediately thereafter; and, they may hold the same during the unexpired term for which they wer…

59-915. Vacancy in office — Possession pending qualification of successor. When a vacancy occurs in a public office, the office and duties shall be assumed until the election or appointment and qualification of a successor as follows: (1) Of the office of the county clerk, audito…

59-916. Powers and duties of appointee. Any person elected or appointed to fill a vacancy, after filing his official oath and qualifying for the state official bond, as prescribed by chapter 8, title 59, Idaho Code, possesses all the rights and powers, and is subject to all the l…

59-917. Temporary inability of officers. Whenever for any reason any elective official of the state, is temporarily unable to perform the duties of his office, the governor may appoint a suitable person to perform such duties temporarily as an acting officer, until the incumbent …

59-1001. Possession of books and papers. Every public officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent by virtue of his office.

59-1002. Proceedings to compel delivery of books and papers. If any person, whether a former incumbent or another person, refuse or neglect to deliver to the actual incumbent any such books or papers, such actual incumbent may apply by petition to any court of record sitting in t…

59-1003. Attachment to enforce delivery of books and papers. The execution of the order and the delivery of the books and papers may be enforced by attachment as for a witness, and also, at the request of the petitioner, by a warrant directed to the sheriff or a constable of the …

59-1004. Seals of executive officers. Except when otherwise specially provided by law, the seals of office of the various executive officers are those in use by such officers at the time this title takes effect, and each of such officers must at once file a description and impres…

59-1005. Great seal of state. The design drawn and executed by Miss Emma Edwards, of Boise City, and reported and recommended by the select joint committee to devise a great seal for the state, with the Latin motto "Esto Perpetua," is adopted, and is hereby made the great seal of…

59-1005A. Authorship and description of great seal of state. The inscription of authorship of the great seal of state shall appear as follows: 1891 EMMA EDWARDS GREEN – PAUL B. EVANS rev. 1957. The new inscription shall be located in the same place and manner as the previous insc…

59-1006. Officers may administer oaths. Every executive and judicial officer may administer and certify oaths.

59-1007. Office hours. Unless otherwise provided by law, every officer must keep his office open for transaction of business from eight o’clock a.m. until 5 o’clock p.m., each day except upon Saturdays, Sundays, holidays and days upon which office closure is due to mandatory leav…

59-1008. Signature of ex officio officers. When an officer discharges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation must be in the name of the office the duties of which he discharges.

59-1010. Officers to keep accounts. It shall be the duty of all state, county, city and precinct officers, who receive fees for services in an official capacity, or who receive public moneys for safekeeping, to at all times keep a public account of the same, consisting of a day b…

59-1011. Furnishing account books — Examination by citizens. It shall be the duty of the state and county officers respectively charged with furnishing books and stationery for public use, to furnish suitable books for the purpose to such officers; and such books shall be subject…

59-1012. Sale of pamphlet laws — Disposition of funds — Exception. All publications of laws and regulations and the constitution of the state of Idaho, issued in pamphlet form, other than the regular edition of the session laws, may be sold by the officer or officers having the s…

59-1013. Sale of pamphlet laws — Penalty for nonfeasance. Any failure to comply with the provisions of the preceding section by any person or persons charged by law with the duty of publishing any of said laws as in said section provided for, shall be a misdemeanor, and upon conv…

59-1014. Accounting for fees. (1) All state officers and agencies, who receive any money or evidences of indebtedness for or on account of the state or in payment of any fee, license, or tax due the state, shall deposit the same with the state treasurer: (a) Daily, when the amoun…

59-1014A. Accounting for losses. All state officers and agencies shall, immediately upon discovering any loss of money in excess of two hundred dollars ($200) or evidences of indebtedness of the officer or agency, report the same, in writing within five (5) working days of the di…

59-1015. Deficiencies — Creation prohibited — Exception. No officer, employee or state board of the state of Idaho, or board of regents or board of trustees of any state institution, or any member, employee or agent thereof, shall enter, or attempt to offer to enter into any cont…

59-1016. Deficiencies — Contracts in creation of, void. Any indebtedness attempted to be created against the state in violation of the provisions of this chapter, or any indebtedness attempted to be created against the state in excess of the appropriation provided for in any act,…

59-1017. Deficiencies — Penalty for creating. Any person violating the provisions of the two preceding sections shall be deemed guilty of a misdemeanor, and shall be disqualified from holding any state office or from being employed by the state of Idaho or by any board of regents…

59-1018. Uniform facsimile signature of public officials act — Definitions. As used in this act (a) "Public Security" means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any of its departments, agencies, or oth…

59-1019. Facsimile signature. (1)(a) Any authorized officer, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature: (i) Any public security, provide…