Title 34, ELECTIONS

34-101. "General election" defined — Offices to be filled — Constitutional amendments. "General election" means the national, state and county election held on the first Tuesday succeeding the first Monday of November in each even-numbered year. At these elections there shall be …

34-102. "Primary election" defined — Purposes. "Primary election" means an election held for the purpose of nominating persons as candidates of political parties for election to offices, and for the purpose of electing persons as members of the controlling committees of political…

34-103. "Special election" defined. "Special election" means any election other than a general or primary election held at any time for any purpose provided by law.

34-104. "Qualified elector" defined. "Qualified elector" means any person who is eighteen (18) years of age, is a United States citizen and who has resided in this state and in the county at least thirty (30) days next preceding the election at which he desires to vote, and who i…

34-105. "Registered elector" defined. "Registered elector", for the purpose of this act, means any "qualified elector".

34-106. Limitation on elections. On and after January 1, 2011, notwithstanding any other provisions of the law to the contrary, there shall be no more than two (2) elections conducted in any county in any calendar year, except as provided in this section or section 34-220, Idaho …

34-107. "Residence" defined. (1) "Residence," for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent…

34-108. "Election official" defined. "Election official" means the secretary of state, any county clerk, registrar, judge of election, clerk of election, canvassing board or board of county commissioners engaged in the performance of election duties as required by law.

34-109. "Political party" defined. "Political party" means an affiliation of electors representing a political group under a given name as authorized by law.

34-110. "Election register" defined. "Election register" means the voter registration cards of all electors who are qualified to appear and vote at the designated polling places.

34-111. "Combination election record and poll book" defined — Operation. (1) "Combination election record and poll book" means the book containing a listing of registered electors who are qualified to appear and vote at the designated polling places. An additional copy of the com…

34-111A. "electronic poll book" defined. "Electronic poll book" means an electronic list of registered voters for a particular precinct or polling location that may be transported to the polling location. The electronic poll book shall contain the same information as the combinat…

34-112. "County clerk" defined. "County clerk" means the clerk of the district court.

34-113. "Candidate" defined. "Candidate" means and includes every person for whom it is contemplated or desired that votes be cast at any political convention, primary, general or special election, and who either tacitly or expressly consents to be so considered, except candidate…

34-114. "Tally book" or "tally list" defined. "Tally book" or "tally list" means the forms in which the votes cast for any candidate or special question are counted and totaled at the polling precinct.

34-115. References to male include female and masculine includes feminine. All references to the male elector includes the female elector and the masculine pronoun includes the feminine.

34-116. Calendar days used in computation of time. Calendar days shall be used in all computations of time made under the provisions of this act. In computing time for any act to be done before any election, the first day shall be included and the last, or election day, shall be …

34-117. "Judicial nominating election" defined. "Judicial nominating election" means an election held for the purpose of selecting justices of the supreme court and judges of the district court as are by law to be selected at such election. This election shall be held on the date…

34-201. Secretary of state chief election officer. The secretary of state is the chief election officer of this state, and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. The secretary of state is r…

34-202. Secretary of state to distribute comprehensive directives and instructions relating to election laws to all county clerks. In carrying out his responsibility under section 34-201, Idaho Code, the secretary of state shall cause to be prepared and distributed to each county…

34-203. Assistance and advice to county clerks. In carrying out his responsibility under section 17, the secretary of state shall assist and advise each county clerk with regard to the application, operation and interpretation of the election laws as they apply to elections, regi…

34-204. Conferences with county clerks on administration of election laws. In carrying out his responsibility under section 34-201, Idaho Code, the secretary of state shall cause to be organized and conducted at convenient places and times in this state at least three (3) confere…

34-205. Duties of secretary of state relating to election laws. The secretary of state shall: (1) Prepare and cause to be printed, in appropriate and convenient form, periodic compilations and digests of the election laws. (2) Distribute in appropriate quantities to the county cl…

34-206. General supervision of administration of election laws by county clerks. Subject to and in accordance with the directives and instructions prepared and distributed or given under the authority of the secretary of state, each county clerk shall exercise general supervision…

34-208. Duties of county clerks relating to supervision of election laws. In carrying out his exercise of general supervision under section 34-206, each county clerk shall: (1) Require that each local election official shall use such ballots, papers, documents, records and other …

34-209. Powers of county clerks. (1) The county clerk may employ such personnel and procure such equipment, supplies, materials, books, papers, records and facilities of every kind as he considers necessary to facilitate and assist in carrying out his functions in connection with…

34-210. Preparation of ballots, papers, documents, records, and other materials and supplies required. Subject to any applicable election law, the county clerk may devise, prepare and use in his administration of the election laws the ballots, papers, documents, records and other…

34-211. Office of county clerk open as long as polls are open. On the day of any general, special or primary election held throughout the county, the county clerk shall keep his office open for the transaction of business pertaining to the election from the time the polls are ope…

34-212. Reports to prosecuting attorney of noncompliance with election laws by county clerk. (1) Any person having knowledge of any failure of a county clerk to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of…

34-213. Mandamus to enforce compliance by county clerk. (1) Whenever it appears to the secretary of state that a county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, the secretary…

34-214. Noncompliance by local county election officials — Enforcement by county clerk. (1) Whenever it appears to a county clerk that any local election official in his county has failed to comply with any election law or any directive or instruction prepared and issued by the c…

34-215. Appeals by aggrieved persons. (1) Any person adversely affected by any act or failure to act by the secretary of state or a county clerk under any election law, or by any order, rule, regulation, directive or instruction made under the authority of the secretary of state …

34-216. Grievance procedures. The secretary of state shall promulgate rules in compliance with chapter 52, title 67, Idaho Code, establishing a state-based administrative complaint procedure as required by the help America vote act (P.L. 107-252).

34-217. retention of county election records. County election records shall be maintained by the county clerk for the time periods outlined in this section. Records shall be maintained for the period specified beginning with the date the record is created or has become no longer …

34-218. election administration — private moneys prohibited. Elections held in this state must be funded only by lawful appropriations from the government of the United States, the state of Idaho, or other local governments, including counties, cities, and special taxing district…

34-219. INVESTIGATION OF CANDIDATE QUALIFICATIONS. (1) Upon the request of a registered voter, the secretary of state or a county clerk shall investigate the legal qualifications of a candidate for office and shall exclude from the ballot a candidate who fails to satisfy the lega…

34-220. judicial review — election results. (1) If the vote count in an election has been completed and it appears to the secretary of state or a county clerk that an error has occurred in the administration of such election that may be sufficient to change the result of the elec…

34-301. Establishment of election precincts by county commissioners — Lists and maps to be furnished to secretary of state. (1) The board of county commissioners in each county shall establish a convenient number of election precincts therein. The board of county commissioners ma…

34-302. Designation of precinct polling places — Limitation of Liability. (1) The board shall, by the fifth Friday before any election, designate a suitable polling place for each election precinct. Insofar as possible, the board shall designate the same polling place for the gen…

34-303. Appointment of election judges by county clerk. (1) The county clerk shall appoint two (2) or more election judges, one (1) of whom shall be designated chief judge, and the number of clerks deemed necessary by him for each polling place. In the event a single polling plac…

34-304. Challengers — Watchers. The county clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the day of election, direct that the election judges permit one (1) person authorized by each political party, if the ele…

34-305. County clerk chief county elections officer. The county clerk is the chief elections officer of his county and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. The county clerk shall comply w…

34-306. Precinct boundary requirements. (1) Precinct boundaries shall follow visible, easily recognizable physical features on the ground including, but not limited to, streets, railroad tracks, roads, streams and lakes. The exception shall be when a precinct boundary coincides w…

34-307. Precinct boundaries maintained. From January 15 in any year ending in 8 through September 15 in any year ending in 1, the board of county commissioners shall make no changes in precinct boundaries, except that a single precinct may be divided into two (2) or more new prec…

34-308. Mail ballot precinct. (1) A precinct within the county that contains no more than one hundred forty (140) registered electors at the last general election may be designated by the board of county commissioners as a mail ballot precinct no later than April 1 in an even-num…

34-401. Electors privileged from arrest during attendance at polling place — Exception. Electors are privileged from arrest, except for treason, a felony or breach of the peace, during their attendance at a polling place.

34-402. Qualifications of electors. Every male or female citizen of the United States, eighteen (18) years old, who has resided in this state and in the county for thirty (30) days where he or she offers to vote prior to the day of election, if registered within the time period p…

34-403. Disqualified electors not permitted to vote. No elector shall be permitted to vote if he is disqualified as provided in article 6, sections 2 and 3 of the state constitution.

34-404. Registration of electors — political party affiliation — unaffiliated designation. (1) All electors must register before being able to vote at any primary, general, special, school or any other election governed by the provisions of title 34, Idaho Code. Registration of a…

34-405. Gain or loss of residence by reason of absence from state. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his absence while employed in the service of this state or the United States, while a student of any institution…