Idaho Code § 34-2117 — Idaho Code / Title 34 / Chapter 21 / Section 34-2117
34-2117 PRESERVATION OF EVIDENCE.
Status: in_force

34-2117. PRESERVATION OF EVIDENCE. (1) Except as provided for in subsection (2) of this section, all the evidence in any contest provided for in this chapter will be returned by the presiding officer, or his designee, to the secretary of state and will be preserved in the office of the secretary of state.

(2) Any ballots or poll books, other than copies, will be returned by the presiding officer to the secretary of state, who will return them to the office of the county auditor in which they were first required to be filed.

History:

[34-2117, added 2017, ch. 293, sec. 2, p. 773.]
Idaho Code § 34-2305 — Idaho Code / Title 34 / Chapter 23 / Section 34-2305
34-2305 MANNER OF RECOUNTING.
Status: in_force

34-2305. Manner of recounting. At the time and place fixed for recounting the ballots cast in any precinct all ballots shall be recounted in plain view of the candidates or their representatives. The recount shall commence at the time and place so ordered, and shall continue until the recount is finished and the results tabulated. The attorney general shall be the final authority concerning any question which arises during the recount for federal, state, county or municipal elections. The county prosecuting attorney shall be the final authority concerning any question that arises during the recount of other elections.

History:

[34-2305, added 1957, ch. 198, sec. 5, p. 410; am. 1985, ch. 41, sec. 3, p. 85; am. 2011, ch. 285, sec. 19, p. 785; am. 2012, ch. 211, sec. 10, p. 578.]
Idaho Code § 34-702A — Idaho Code / Title 34 / Chapter 7 / Section 34-702A
34-702A DECLARATION OF INTENT FOR WRITE-IN CANDIDATES.
Status: in_force

34-702A. Declaration of intent for write-in candidates. (1) No write-in vote for any office in a primary, special, or general election shall be counted unless a completed declaration of intent form has been filed indicating that the person desires the office and is legally qualified to assume the duties of said office if elected.

(2) The declaration of intent for write-in candidates for federal, state, or legislative district offices shall be filed with the secretary of state no later than 5:00 p.m. on the eleventh Friday before the primary election.

(3) The declaration of intent for write-in candidates for county office, single countywide highway district office pursuant to section 40-1404A, Idaho Code, or party precinct committeeman office shall be filed with the county clerk no later than 5:00 p.m. on the ninth Friday before the primary election.

(4) For a write-in candidate for president, the declaration shall include a certification of the write-in candidate's vice presidential and presidential electors, all of whom must be qualified to serve in their respective offices. The secretary of state shall prescribe the form for said declarations.

(5) In those counties that utilize optical scan ballots, an elector shall not place on the ballot a sticker bearing the name of a person or use any other method or device, except writing, to vote for a person whose name is not printed on the ballot.

History:

[34-702A, added 1983, ch. 213, sec. 5, p. 592; am. 1992, ch. 176, sec. 3, p. 555; am. 1993, ch. 313, sec. 4, p. 1159; am. 1999, ch. 221, sec. 1, p. 588; am. 2001, ch. 272, sec. 1, p. 994; am. 2010, ch. 162, sec. 1, p. 335; am. 2020, ch. 69, sec. 2, p. 157; am. 2021, ch. 272, sec. 1, p. 823; am. 2021, ch. 325, sec. 2, p. 992; am. 2023, ch. 249, sec. 1, p. 766; am. 2025, ch. 113, sec. 10, p. 605; am. 2026, ch. 333, sec. 3, p. 1309.]
Idaho Code § 34-2109 — Idaho Code / Title 34 / Chapter 21 / Section 34-2109
34-2109 SUMMARY DISMISSAL.
Status: in_force

34-2109. Summary dismissal. (1) If the notice of contest fails to recite any grounds required by section 34-2104, Idaho Code, or fails to identify anticipated discovery as provided in section 34-2108, Idaho Code, or the contestor fails to timely post bond as provided in section 34-2118, Idaho Code, or the contestor otherwise fails to comply with the provisions of this chapter in a material way, the notice of contest may be stayed or dismissed as provided in subsections (3) and (4) of this section.

(2) Failure to advance contest. If the contestor fails to advance the contest due to death, incapacity, failure to comply with orders of the presiding officer, relocation out of the contested legislative district, or failure to advance the contest, then the presiding officer may enter a written order staying the proceedings. The provisions of subsections (3) and (4) of this section will then apply.

(3) Stay of proceedings. The presiding officer may enter a written order staying the proceedings if any of the instances provided in subsection (1) or (2) of this section apply. Upon issuance of the order, discovery in the contest must cease. The order must state the basis for the stay.

(4) Ratification or rejection. On or after the second day of the next regular session of the legislature, the body must either accept or reject the presiding officer's stay.

(a) A vote by the body to accept the order constitutes a dismissal of the contest.

(b) A vote by the body to reject the order constitutes a reversal of the order. Following the rejection of the order, the presiding officer or his designee must issue an order to the parties providing a schedule for reasonable discovery and hearing. The order must provide reasonable time for the parties to develop their record, not to exceed twenty (20) days. The order must define how and when the record must be completed and delivered to the office of the secretary of state and when the secretary of state will deliver the contest papers to the appropriate body.

History:

[34-2109, added 2017, ch. 293, sec. 2, p. 770.]
Idaho Code § 34-102 — Idaho Code / Title 34 / Chapter 1 / Section 34-102
34-102 “PRIMARY ELECTION” DEFINED — PURPOSES.
Status: in_force

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 parties. Primary elections shall be held on the third Tuesday of May in each even-numbered year.

History:

[34-102, added 1970, ch. 140, sec. 2, p. 351; am. 1971, ch. 194, sec. 2, p. 881; am. 1975, ch. 174, sec. 11, p. 469; am. 1979, ch. 309, sec. 1, p. 834; am. 2011, ch. 11, sec. 10, p. 30; am. 2012, ch. 33, sec. 1, p. 103; am. 2015, ch. 292, sec. 1, p. 1166; am. 2023, ch. 208, sec. 1, p. 574.]
Idaho Code § 34-212 — Idaho Code / Title 34 / Chapter 2 / Section 34-212
34-212 REPORTS TO PROSECUTING ATTORNEY OF NONCOMPLIANCE WITH ELECTION LAWS BY COUNTY CLERK.
Status: in_force

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 state may notify the prosecuting attorney of the county. Upon receipt of such notification the prosecuting attorney shall proceed immediately to investigate the alleged failure of the county clerk to comply. Upon the conclusion of the investigation the prosecuting attorney shall advise and direct the county clerk with regard to how he must proceed in connection with the matter. The county clerk shall proceed immediately to comply with the directive of the prosecuting attorney.

(2) If the prosecuting attorney, upon the conclusion of an investigation under subsection (1) of this section, determines that the 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, and that such failure to comply involves a violation by the county clerk of any statute, the violation of which is punishable by a criminal penalty or forfeiture of office, the prosecuting attorney shall promptly proceed to prosecute such violation by the county clerk.

(3) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, or who violates any statute.

History:

[34-212, added 1970, ch. 140, sec. 28, p. 351.]
Idaho Code § 34-213 — Idaho Code / Title 34 / Chapter 2 / Section 34-213
34-213 MANDAMUS TO ENFORCE COMPLIANCE BY COUNTY CLERK.
Status: in_force

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 of state may apply to the appropriate district court or a judge thereof for a writ of mandamus to compel the county clerk to comply with such directive or instruction. In any such mandamus proceeding it is a defense that the directive or instruction in question is unlawful.

(2) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state.

History:

[34-213, added 1970, ch. 140, sec. 29, p. 351.]
Idaho Code § 34-901 — Idaho Code / Title 34 / Chapter 9 / Section 34-901
34-901 OFFICIAL ELECTION BALLOT IDENTIFICATION.
Status: in_force

34-901. Official election ballot identification. (1) The county clerk shall provide that all election ballots are identified as official. Each ballot shall have upon its face the date and year of the election in which it is used and the words "Official Election Ballot." To ensure the authenticity of all ballots cast in Idaho elections, each county clerk shall employ anti-fraud measures as provided in this section. All measures selected by a county clerk shall be tested and verified before each election, and the county clerk shall notify the county board of canvassers which measures are being used for each election. The confidentiality of each voter's choices shall be maintained in accordance with section 1, article VI of the constitution of the state of Idaho, which guarantees the absolute secrecy of all ballots.

(2) For counties using voting machines as provided in chapter 24, title 34, Idaho Code, the county clerk shall use one (1) or more of the following anti-fraud measures on all ballots prior to being issued to the voter:

(a) Assignment of a unique identifier to each ballot in the form of a barcode or quick response code. The unique identifiers shall be randomly generated and non-sequential such that the identifier is never associated with the identity of the voter. The unique identifier shall be assigned to the ballot prior to being submitted to a scanner or tabulator;

(b) Printing of ballots on watermarked paper or display of a unique watermark image on each ballot;

(c) Printing of a hologram design on each ballot that is unique to each election. The hologram design shall be such that if a ballot is copied, the hologram design will change and not match the original;

(d) Printing of ballots on security paper such that, if copied, the copy will display that it is a copy and not the original; or

(e) Stamping or printing of the words "Official Election Ballot" on each ballot at the time it is issued to the voter.

(3) For counties hand counting the tally of votes, each ballot shall, at the time it is issued to the voter, be stamped or have printed the words "Official Election Ballot" along with the date of the election.

(4) The clerk shall maintain documentation of the security measures taken and the chain of custody of all ballots.

History:

[34-901, added 1970, ch. 140, sec. 121, p. 351; am. 2013, ch. 285, sec. 2, p. 736; am. 2025, ch. 88, sec. 1, p. 404.]
Idaho Code § 34-2122 — Idaho Code / Title 34 / Chapter 21 / Section 34-2122
34-2122 FILING OF AFFIDAVIT.
Status: in_force

34-2122. Filing of affidavit. A candidate wishing to contest a primary election must file an affidavit with the appropriate court within five (5) days of the completion of the canvass of the election. The affidavit must set forth information as required in section 34-2108, Idaho Code, and must be served on all necessary parties in the same manner as a complaint and summons are served pursuant to the Idaho rules of civil procedure.

History:

[34-2122, added 2017, ch. 293, sec. 2, p. 774.]
Idaho Code § 34-2408 — Idaho Code / Title 34 / Chapter 24 / Section 34-2408
34-2408 PRIOR APPROVAL REQUIRED FOR ISSUANCE OF BONDS.
Status: in_force

34-2408. Prior approval required for issuance of bonds. The governing body of any county shall, prior to authorizing the issuance of bonds obtain the approval in writing of the secretary of state as to the type and number of machines or vote tally systems to be purchased and the price to be paid therefor.

History:

[34-2408, added 1970, ch. 140, sec. 139, p. 351.]
Idaho Code § 34-2022 — Idaho Code / Title 34 / Chapter 20 / Section 34-2022
34-2022 DETERMINATION OF TIE VOTE.
Status: in_force

34-2022. Determination of tie vote. If it appears that two (2) or more persons have–or would have had if the legal ballots cast or intended to be cast for them had been counted–the highest and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the court shall by written order direct, which of them shall be declared duly elected, and the judgment shall be entered accordingly.

History:

[(34-2022) 1890-1891, p. 57, sec. 163; reen. 1899, p. 33, sec. 150; reen. R.C. & C.L., sec. 5047; C.S., sec. 7295; I.C.A., sec. 33-1722.]
Idaho Code § 34-615 — Idaho Code / Title 34 / Chapter 6 / Section 34-615
34-615 ELECTION — SELECTION — OF JUSTICES OF THE SUPREME COURT — QUALIFICATIONS.
Status: in_force

34-615. Election — selection — of justices of the supreme court — Qualifications. (1) At the primary election, 1972, and every alternate year thereafter, subject to the provisions of section 34-1217, Idaho Code, there shall be elected justices of the supreme court to fill any vacancy or vacancies occasioned by the expiration of the term or terms of office of any member or members.

(2) To be elected or appointed to the office of justice of the supreme court a person must, at the time of such election or appointment, meet all of the following qualifications:

(a) Be at least thirty (30) years of age;

(b) Be a citizen of the United States and an elector of the state of Idaho;

(c) Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such election or appointment;

(d) Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such election or appointment; and

(e) Have held a license to practice law or held a judicial office in one (1) or more jurisdictions for at least ten (10) continuous years immediately preceding such election or appointment.

For purposes of this section, the following terms have the following meanings:

(a) "Active," "judicial" and "good standing" have the same definitions as those terms are given by rule 301 of the Idaho bar commission rules or any successors to those rules;

(b) "Jurisdiction" means a state or territory of the United States, the District of Columbia or any branch of the United States military; and

(c) "Elector" means one who is lawfully registered to vote.

(3) Each candidate for election shall file a declaration of candidacy with the secretary of state.

(4) Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of three hundred dollars ($300) which shall be deposited in the general fund.

History:

[34-615, added 1970, ch. 140, sec. 95, p. 351; am. 1972, ch. 46, sec. 1, p. 84; am. 1985, ch. 29, sec. 6, p. 56; am. 1996, ch. 28, sec. 11, p. 71; am. 2015, ch. 310, sec. 3, p. 1218.]
Idaho Code § 34-1001 — Idaho Code / Title 34 / Chapter 10 / Section 34-1001
34-1001 VOTING BY ABSENTEE BALLOT AUTHORIZED.
Status: in_force

34-1001. Voting by absentee ballot authorized. Any registered elector of the state of Idaho may vote at any election by absentee ballot as herein provided.

History:

[34-1001, added 1970, ch. 140, sec. 162, p. 351.]
Idaho Code § 34-105 — Idaho Code / Title 34 / Chapter 1 / Section 34-105
34-105 “REGISTERED ELECTOR” DEFINED.
Status: in_force

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

History:

[34-105, added 1970, ch. 140, sec. 5, p. 351; am. 1971, ch. 194, sec. 5, p. 881.]
Idaho Code § 34-1209 — Idaho Code / Title 34 / Chapter 12 / Section 34-1209
34-1209 CERTIFICATES OF ELECTION TO COUNTY CANDIDATES AFTER GENERAL ELECTION.
Status: in_force

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 they shall be considered duly elected to assume the duties of the office for the next ensuing term.

History:

[34-1209, added 1970, ch. 140, sec. 193, p. 351.]
Idaho Code § 34-1008 — Idaho Code / Title 34 / Chapter 10 / Section 34-1008
34-1008 DEPOSIT OF ABSENTEE BALLOTS.
Status: in_force

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 registered elector of the precinct and that he has not heretofore voted at the election, they shall open the return envelope and remove the ballot envelopes and deposit the same in the proper ballot boxes and cause the absent elector's name to be entered on the poll books the same as though he had been present and voted in person. The ballot envelope shall not be opened until the ballots are counted.

History:

[34-1008, added 1970, ch. 140, sec. 169, p. 351; am. 1995, ch. 215, sec. 14, p. 753.]
Idaho Code § 34-104 — Idaho Code / Title 34 / Chapter 1 / Section 34-104
34-104 “QUALIFIED ELECTOR” DEFINED.
Status: in_force

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 is registered as required by law.

History:

[34-104, added 1970, ch. 140, sec. 4, p. 351; am. 1971, ch. 194, sec. 4, p. 881; am. 1972, ch. 350, sec. 1, p. 1036; am. 1973, ch. 304, sec. 1, p. 646; am. 1982, ch. 253, sec. 1, p. 645.]
Idaho Code § 34-1501 — Idaho Code / Title 34 / Chapter 15 / Section 34-1501
34-1501 CERTIFICATES OF ELECTION.
Status: in_force

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 deliver one (1) of such certificates thus signed to each of said electors on or before the second Wednesday in December next after such election.

History:

[(34-1501) 1890-1891, p. 57, sec. 110; reen. 1899, p. 33, sec. 101; reen. R.C. & C.L., sec. 459; C.S., sec. 643; I.C.A., sec. 33-1401.]
Idaho Code § 34-1214 — Idaho Code / Title 34 / Chapter 12 / Section 34-1214
34-1214 CERTIFICATES OF NOMINATION OR ELECTION TO FEDERAL, STATE, DISTRICT OR NONPARTISAN OFFICES AFTER PRIMARY.
Status: in_force

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 receive the highest number of votes for their particular federal, state or district office. The candidates so certified shall have their names placed on the general election ballot.

(2) Immediately after the primary election canvass, the secretary of state shall issue certificates of nomination to the nonpartisan candidate or candidates who receive the highest number of votes for the number of vacancies which are to be filled for a particular office and also to the same number of candidates who receive the second highest number of votes for the particular office. The candidates so certified shall have their names placed on the general election ballot. If it appears from the canvass that a particular candidate has received a majority of the total vote cast for the particular office, he shall be issued a certificate of election instead of a certificate of nomination and no candidates shall run for the particular office in the general election.

History:

[34-1214, added 1970, ch. 140, sec. 198, p. 351.]
Idaho Code § 34-1710 — Idaho Code / Title 34 / Chapter 17 / Section 34-1710
34-1710 CONDUCT OF SPECIAL RECALL ELECTION.
Status: in_force

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 a recall election with another election.

History:

[I.C., sec. 34-1710, as added by 1972, ch. 283, sec. 3, p. 703; am. 1989, ch. 344, sec. 4, p. 872; am. 1995, ch. 118, sec. 46, p. 467.]
Idaho Code § 34-2115 — Idaho Code / Title 34 / Chapter 21 / Section 34-2115
34-2115 NOTICE OF RECEIVING PAPERS.
Status: in_force

34-2115. Notice of receiving papers. (1) Senate election contest. On the day of the receipt by the presiding officer of the senate, or his designee, of papers relating to contested elections, the presiding officer, in the appropriate order of business, must give notice to the senate of receipt of the papers.

(2) House of representatives election contest. On the day of the receipt by the presiding officer of the house of representatives, or his designee, of papers relating to contested elections, the presiding officer, in the appropriate order of business, must give notice to the house of representatives of receipt of the papers.

(3) State Executive Department Election Contest. Where the papers relate to the contest of a state executive officer, the house of representatives must notify the senate, and the day must be fixed by both houses, by concurrent resolution, for uniting the two (2) bodies to decide upon the same, in which decision the yeas and nays must be taken and entered upon the journal. A joint committee may be appointed by the presiding officers, or designees, of the two (2) bodies to produce a committee report on the election contest.

History:

[34-2115, added 2017, ch. 293, sec. 2, p. 772.]
Idaho Code § 34-2112 — Idaho Code / Title 34 / Chapter 21 / Section 34-2112
34-2112 PRODUCTION OF PAPERS — REFUSAL OR NEGLECT TO PRODUCE A MISDEMEANOR.
Status: in_force

34-2112. PRODUCTION OF PAPERS — REFUSAL OR NEGLECT TO PRODUCE A MISDEMEANOR. The presiding officer has power to require the production of papers. Any person who refuses or neglects to produce and deliver any paper or papers in his possession pertaining to the election or, in case they be official papers, refuses or neglects to produce and deliver certified or sworn copies of the same shall be guilty of a misdemeanor.

History:

[34-2112, added 2017, ch. 293, sec. 2, p. 771.]
Idaho Code § 34-2010 — Idaho Code / Title 34 / Chapter 20 / Section 34-2010
34-2010 ISSUANCE OF SUMMONS.
Status: in_force

34-2010. Issuance of summons. Upon the filing of such complaint summons shall issue against the person whose office is contested, as prescribed in the Idaho Rules of Civil Procedure.

History:

[(34-2010) 1890-1891, p. 57, sec. 151; reen. 1899, p. 33, sec. 138; reen. R.C. & C.L., sec. 5035; C.S., sec. 7283; I.C.A., sec. 33-1710; am. 1982, ch. 209, sec. 3, p. 574.]
Idaho Code § 34-2108 — Idaho Code / Title 34 / Chapter 21 / Section 34-2108
34-2108 NOTICE OF CONTEST — LEGISLATIVE — EXECUTIVE DEPARTMENT — GROUNDS — SERVICE — ANTICIPATED DISCOVERY.
Status: in_force

34-2108. NOTICE OF CONTEST — LEGISLATIVE — EXECUTIVE DEPARTMENT — GROUNDS — SERVICE — ANTICIPATED DISCOVERY. (1) Legislative contest. Within twenty (20) days after the election, whenever any elector of a legislative district chooses to contest the election of any member of the legislature from that district, the elector must give written notice of the contest and leave a copy of the notice of contest with the office of the secretary of state. The elector must make reasonable efforts to provide written notice of the contest to:

(a) The person whose election the elector is contesting by serving the notice at the address of the person reflected on his declaration of candidacy filed with the office of the secretary of state; and

(b) The secretary of the senate, if the election contest concerns an Idaho senate seat, or the chief clerk of the house of representatives, if the election contest concerns an Idaho house of representatives seat, at the statehouse in Boise.

(2) Executive department contest. Within twenty (20) days after the election, whenever any elector of this state chooses to contest the validity of the election of any of the officers of the executive department of the state, the elector must give written notice of the contest and leave a copy of the notice of contest with the office of the secretary of state. The elector must make reasonable efforts to provide written notice of the contest to:

(a) The person whose election the elector is contesting by serving the notice at the address that appears on the person's declaration of candidacy filed with the office of the secretary of state;

(b) The chief clerk of the house of representatives and the secretary of the senate at the statehouse in Boise.

(3) Notification by secretary of state to legislature. On or before the first day of the legislature's organizational session, the secretary of state must provide a copy of the notice of election contest to:

(a) The secretary of the senate, if the election contest concerns an Idaho senate seat;

(b) The chief clerk of the house of representatives, if the election contest concerns an Idaho house of representatives seat;

(c) The secretary of the senate and the chief clerk of the house of representatives, if the election contest concerns an officer of the executive department.

(4) Grounds for contest. For any contest of election provided for in subsection (1) or (2) of this section, the notice of contest of election must include one (1) or more grounds upon which the election will be contested, as provided in section 34-2104, Idaho Code.

(5) Anticipated discovery. In the notice of contest, the parties must identify anticipated initial discovery, including witnesses to be deposed and the anticipated date and location of depositions. Relevant additional discovery will be allowed by the parties.

(6) Notice of contest may not be amended. A notice of contest required by this section may not be amended subsequent to the expiration of the twenty (20) days' notice required in subsections (1) and (2) of this section.

History:

[34-2108, added 2017, ch. 293, sec. 2, p. 769.]
Idaho Code § 34-412 — Idaho Code / Title 34 / Chapter 4 / Section 34-412
34-412 QUALIFICATIONS FOR REGISTRATION.
Status: in_force

34-412. Qualifications for registration. (1) The qualifications of any person who requests to be registered shall be determined in the first instance by the registering official from the evidence before him. If the registering official determines that such person is not qualified, he shall refuse to register the person.

(2) A person refused registration under subsection (1) of this section may make application to the county clerk for a hearing on his qualifications. Not more than ten (10) days after the date he receives such application, the county clerk shall hold a hearing on the qualifications of the applicant and shall notify the applicant of the place and time of such hearing. At such hearing the applicant may present evidence as to his qualifications, provided that no hearing shall be held subsequent to any election which is held within said ten (10) day period. If the county clerk determines that the applicant is qualified, the county clerk shall register the applicant immediately upon the conclusion of the hearing.

History:

[34-412, added 1970, ch. 140, sec. 47, p. 351; am. 1982, ch. 216, sec. 1, p. 590; am. 1995, ch. 215, sec. 8, p. 751.]
Idaho Code § 34-2416 — Idaho Code / Title 34 / Chapter 24 / Section 34-2416
34-2416 PROCEDURE FOR PREPARING MACHINES FOR AN ELECTION.
Status: in_force

34-2416. Procedure for preparing machines for an election. (1) In preparing a voting machine for an election, the county clerk or the clerk of the city, district or other political subdivision, as the case may be, shall:

(a) Arrange the machine so that it shall in every particular case meet the requirements of voting and counting at such elections; and

(b) Thoroughly inspect and test the machine and file a certificate in his office.

(2) Representatives of political parties and candidates shall be permitted to examine the voting machines or vote tally systems.

History:

[34-2416, added 1970, ch. 140, sec. 147, p. 351; am. 2024, ch. 260, sec. 8, p. 905.]
Idaho Code § 34-1813 — Idaho Code / Title 34 / Chapter 18 / Section 34-1813
34-1813 COUNTING, CANVASSING AND RETURN OF VOTES — EFFECTIVE DATES.
Status: in_force

34-1813. Counting, canvassing and return of votes — effective dates. (1) The votes on measures and questions shall be counted, canvassed, and returned by the regular boards of judges, clerks, and officers, as votes for candidates are counted, canvassed, and returned, and the abstract made by the several county auditors of votes on measures shall be returned to the secretary of state on separate abstract sheets in the manner provided for abstract of votes for state and county officers. It shall be the duty of the secretary of state, in the presence of the governor, to proceed within thirty (30) days after the election, and sooner if the returns be all received, to canvass the votes given for each measure, and the governor shall forthwith issue his proclamation, giving the whole number of votes cast in the state for and against such measure and question and declaring such measures as are approved by a majority of those voted thereon to be in full force and effect as the law of the state of Idaho from the date of said proclamation for any referendum measure. The effective date for an initiative measure shall be governed by the provisions of subsection (2) of this section. If two (2) or more measures shall be approved at said election which are known to conflict with each other or to contain conflicting provisions, he shall also proclaim which is paramount in accordance with the provisions of sections 34-1801 through 34-1822, Idaho Code.

(2)(a) A statewide initiative may contain an effective date, if passed, that shall be no earlier than July 1 of the year following the vote on the ballot initiative. If no effective date is specified in the petition, the effective date of a statewide initiative that has been approved by the electorate shall be July 1 of the following year.

(b) A city or county initiative may contain an effective date, if passed, that may be earlier than July 1 of the year following the vote on the ballot initiative, but no earlier than the mayor's proclamation as provided in section 34-1801B, Idaho Code, or the proclamation by the board of county commissioners, as provided in section 34-1801C, Idaho Code. If no effective date is specified in the petition, the effective date of a city or county initiative that has been approved by the electorate shall be July 1 of the following year.

History:

[34-1813, added 1933, ch. 210, sec. 13, p. 431; am. 2020, ch. 336, sec. 3, p. 978.]
Idaho Code § 34-2206 — Idaho Code / Title 34 / Chapter 22 / Section 34-2206
34-2206 BALLOTS.
Status: in_force

34-2206. Ballots. The election shall be by ballot, separate from any ballot to be used at the same election, which ballot shall be prepared as follows: It shall first state the substance of the proposed constitutional amendment. This shall be followed by appropriate instructions to the voter. It shall then contain perpendicular columns of equal width headed respectively, in plain type, "For Ratification" and "Against Ratification." In the column headed "For Ratification" shall be placed the names of the candidates nominated in favor of ratification. In the column headed" Against Ratification" shall be placed the names of the candidates nominated as against ratification. The voter shall indicate his choice by making one or more cross-marks in the appropriate spaces provided on the ballot. No ballot shall be held void because any such cross-mark is irregular in character. The ballot shall be so arranged that the voter may, by making a single cross-mark, vote for the entire group of candidates whose names are comprised in any column:

The ballot shall be in substantially the following form:

PROPOSED AMENDMENT TO THE CONSTITUTION

OF THE UNITED STATES

Delegates to the Convention to Ratify the

Proposed Amendment.

The Congress has proposed an amendment to the Constitution of the United States which provides (insert here the substance of the proposed amendment).

The Congress has also proposed that the said amendment shall be ratified by conventions in the several states.

INSTRUCTIONS TO VOTERS

Do not vote for more than 21 candidates altogether.

To vote for all candidates in favor of ratification, or for all candidates against ratification, make a cross-mark in the CIRCLE at the head of the list of candidates for whom you wish to vote. If you do this, make no other mark.

To vote for an individual candidate make a cross-mark in the SQUARE at the left of the name.

FOR RATIFICATION AGAINST RATIFICATION □ John Doe □ Charles Coe □ Richard Roe □ Michael Moe

All circular spaces in said ballot shall be one-half (1/2) inch in diameter.

All square spaces in said ballot shall be one-half (1/2) inch square.

Except as herein otherwise provided, ballots and supplies for said election shall be prepared and furnished as provided by chapter 9 of this title.

History:

[34-2206, added 1933, ch. 179, sec. 6, p. 328.]
Idaho Code § 34-1811 — Idaho Code / Title 34 / Chapter 18 / Section 34-1811
34-1811 MANNER OF VOTING — PROCEDURE WHEN CONFLICTING MEASURES APPROVED.
Status: in_force

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 the aggregate number of votes cast on such measure. If two (2) or more conflicting laws shall be approved by the people at the same election, the law receiving the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict, even though such law may not have received the greatest majority of affirmative votes. If two (2) or more conflicting amendments to the constitution shall be approved by the people at the same election, the amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict, even though such amendment may not have received the greatest majority of affirmative votes.

History:

[34-1811, added 1933, ch. 210, sec. 11, p. 431.]
Idaho Code § 34-1007 — Idaho Code / Title 34 / Chapter 10 / Section 34-1007
34-1007 COUNTING ABSENTEE BALLOTS.
Status: in_force

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 such officer and the words: "absent electors' ballot to be opened only at the polls." He shall hold the same until the delivery of the official ballots to the judges of election of the precinct in which the elector resides and shall deliver the ballot or ballots to the judges with such official ballots.

(2) In those counties that count ballots at a central location, absentee ballots that are received may, in the discretion of the county clerk, be retained in a secure place in the clerk's office and such ballots shall be added to the precinct returns at the time of ballot tabulation. Provided, however, for any election that takes place prior to December 31, 2020, absentee ballots may be opened and scanned beginning seven (7) days prior to election day. If the absentee ballots are opened prior to election day, the ballots shall be securely maintained in a nonproprietary electronic access-controlled room under twenty-four (24) hour nonproprietary video surveillance that is livestreamed to the public and which video must be archived for at least ninety (90) days following the election. The ballots shall be boxed and secured in the same access-controlled room each day after being opened or scanned. A minimum of two (2) election officials must be present whenever absentee ballots are accessed. No results shall be tabulated for absentee ballots until the polls close on the day of the election held prior to December 31, 2020.

(3) The clerk shall deliver to the polls a list of those absentee ballots received to record in the official poll book that the elector has voted.

History:

[34-1007, added 1970, ch. 140, sec. 168, p. 351; am. 2002, ch. 236, sec. 2, p. 708; am. 2007, ch. 202, sec. 5, p. 622; am. 2020, 1st E.S., ch. 1, sec. 2, p. 7.]
Idaho Code § 34-2419 — Idaho Code / Title 34 / Chapter 24 / Section 34-2419
34-2419 ROTATION OF NAMES OF CANDIDATES.
Status: in_force

34-2419. Rotation of names of candidates. In each primary and general election when two (2) or more persons are candidates for nomination or election to the same office, the county clerk or the clerk of a city, district or other municipality in which voting machines or vote tally systems are used shall rotate the names of candidates as directed by the secretary of state.

History:

[34-2419, added 1970, ch. 140, sec. 150, p. 351.]
Idaho Code § 34-1203 — Idaho Code / Title 34 / Chapter 12 / Section 34-1203
34-1203 COUNTING OF BALLOTS — CERTIFICATES OF JUDGES.
Status: in_force

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 of state shall be entered in the tally books together with the total of the above figures in the manner prescribed by the secretary of state. Any ballot or part of a ballot from which it is impossible to determine the elector's choice shall be void and shall not be counted. When a ballot is sufficiently plain to determine therefrom a part of the voter's intention, it shall be the duty of the judges to count such part.

(2) Following the counting, the judges must transmit a copy of the results to the county clerk.

(3)(a) For any election in which at least one (1) office election or ballot question in the county occurs in both time zones in Idaho, the county clerk shall release no election results to the public until all voting places in the state have closed on election day.

(b) If no office election or ballot question in the county occurs in both time zones in Idaho, the county clerk may release the election results to the public at any time after all voting places in the county have closed on election day.

(4) The secretary of state shall issue directives or promulgate administrative rules adopting standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in this state.

History:

[34-1203, added 1970, ch. 140, sec. 187, p. 351; am. 1981, ch. 109, sec. 1, p. 163; am. 2003, ch. 48, sec. 12, p. 186; am. 2016, ch. 272, sec. 1, p. 749; am. 2022, ch. 195, sec. 1, p. 642.]
Idaho Code § 34-406 — Idaho Code / Title 34 / Chapter 4 / Section 34-406
34-406 APPOINTMENT OF REGISTRARS.
Status: in_force

34-406. Appointment of registrars. (1) The county clerk shall provide for voter registration in the clerk's office and may appoint registrars to assist in voter registration throughout the county.

(2) The county clerk shall provide all political parties within the county with a supply of the registration form prescribed in section 34-411, Idaho Code.

History:

[34-406, added 1994, ch. 67, sec. 3, p. 138; am. 2011, ch. 319, sec. 4, p. 931.]
Idaho Code § 34-2030 — Idaho Code / Title 34 / Chapter 20 / Section 34-2030
34-2030 FILING OF AFFIDAVIT.
Status: in_force

34-2030. Filing of affidavit. A candidate wishing to contest a primary election shall file an affidavit with the appropriate court within five (5) days of the completion of the canvass of the election. The affidavit shall set forth information as required in section 34-2008, Idaho Code. The affidavit shall be served on all necessary parties in the same manner as a complaint and summons are served pursuant to the Idaho Rules of Civil Procedure.

History:

[34-2030, added 1982, ch. 209, sec. 12, p. 576.]
Idaho Code § 34-2401 — Idaho Code / Title 34 / Chapter 24 / Section 34-2401
34-2401 DEFINITIONS.
Status: in_force

34-2401. Definitions. As used in this chapter:

(1) "Ballot" means any material used or the voting surface of a direct recording electronic system on which votes are cast for offices, candidates and measures.

(2) "Ballot card" means the tabulating card or cards of any size upon which the voter records his vote.

(3) "Election" means all state, county, city, district and other political subdivision elections including bond issue elections.

(4) "Governing body" means the board of county commissioners of any county or the governing body of any city, district or other political subdivision elections including bond issue elections.

(5) "Measure" means a proposed law, act or part of an act of the legislative assembly or amendment to the constitution of the state of Idaho to be submitted to the people for their approval or rejection at an election. "Measure" also means other propositions that can be submitted to the voters at any election by counties, cities, districts or other political subdivisions.

(6) "Precinct" includes all election districts.

(7) "Vote tally system" means the total combination of equipment, including hardware, firmware, software, materials, and documentation, used to perform the following functions of an election:

(a) To define or read ballots and verify accuracy;

(b) To mark, scan, and count ballots;

(c) To report or produce election results; and

(d) To maintain and produce any audit trail information.

(8) "Voting machine" means:

(a) Any mechanical or electronic device that will record every vote cast by any voter on candidates and measures and that will either internally or externally total all votes cast on that device; or

(b) Any device into which a ballot card may be inserted and that is so designed and constructed that the vote for any candidate or measure may be indicated by marking the ballot card.

History:

[34-2401, added 1970, ch. 140, sec. 132, p. 351; am. 1974, ch. 3, sec. 1, p. 17; am. 2001, ch. 272, sec. 3, p. 994; am. 2003, ch. 48, sec. 14, p. 187; am. 2024, ch. 260, sec. 2, p. 902.]
Idaho Code § 34-1105 — Idaho Code / Title 34 / Chapter 11 / Section 34-1105
34-1105 DUTIES OF CONSTABLE.
Status: in_force

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 voting area except those who go to vote, and shall allow but one elector in a compartment at one time. He shall remain and keep order at the polling place until all of the votes are tallied.

History:

[34-1105, added 1970, ch. 140, sec. 177, p. 351.]
Idaho Code § 34-110 — Idaho Code / Title 34 / Chapter 1 / Section 34-110
34-110 “ELECTION REGISTER” DEFINED.
Status: in_force

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.

History:

[34-110, added 1970, ch. 140, sec. 10, p. 351.]
Idaho Code § 34-1822 — Idaho Code / Title 34 / Chapter 18 / Section 34-1822
34-1822 PENALTY FOR VIOLATIONS.
Status: in_force

34-1822. Penalty for violations. Any person, either as principal or agent, violating any of the provisions of sections 34-1801—34-1822 shall be punished upon conviction by imprisonment in the penitentiary or in the county jail not exceeding two (2) years, or by a fine not exceeding $5000.00, or by both, excepting that imprisonment in the penitentiary and punishment by a fine shall be the only penalty for violation of any provision of section 34-1821.

History:

[34-1822, added 1933, ch. 210, sec. 22, p. 431.]
Idaho Code § 34-411 — Idaho Code / Title 34 / Chapter 4 / Section 34-411
34-411 APPLICATION FOR REGISTRATION — CONTENTS — PROOF OF IDENTITY AND RESIDENCE.
Status: in_force

34-411. APPLICATION for registration — Contents — proof of identity and residence. (1) The secretary of state shall prescribe the form for the registration application consistent with the provisions of this section. Each elector who requests registration shall show proof of identity and residence in accordance with subsections (3) and (4) of this section and shall supply the following information under oath or affirmation:

(a) Full name and sex;

(b) Residence address or any other necessary information definitely locating the elector's residence;

(c) Mailing address, if different from residence address;

(d) The period of time preceding the date of registration during which the elector has resided in the state;

(e) Whether or not the elector is a citizen;

(f) That the elector is under no legal disqualifications to vote;

(g) The county and state where the elector was previously registered, if any;

(h) Date of birth; and

(i) Current driver's license number or identification card issued by the Idaho transportation department. In the absence of an Idaho driver's license or state issued identification card, the last four (4) digits of the elector's social security number.

(2) As provided for in section 34-404, Idaho Code, each elector shall select an affiliation with a political party qualified to participate in elections pursuant to section 34-501, Idaho Code, or select to be designated as unaffiliated. The selection of party affiliation or designation as unaffiliated shall be maintained within the voter registration system as provided for in section 34-437A, Idaho Code. If an elector shall fail or refuse to make such a selection, the county clerk shall record as unaffiliated such elector within the voter registration system as provided for in section 34-437A, Idaho Code.

(3) An individual shall prove identity for the purpose of registering to vote by showing one (1) of the following forms of photo identification:

(a) A current driver's license or identification card issued pursuant to title 49, Idaho Code;

(b) A current passport or other identification card issued by an agency of the United States government;

(c) A current tribal identification card; or

(d) A current license or enhanced license to carry concealed weapons issued under section 18-3302, Idaho Code, or section 18-3302K, Idaho Code.

(4)(a) An individual shall prove residence for the purpose of registering to vote by showing one (1) of the following documents that displays the applicant's name and current Idaho physical address:

(i) Any form of photo identification listed in subsection (3)(a), (c), or (d) of this section;

(ii) A current proof of insurance;

(iii) A deed of trust, mortgage, or lease or rental agreement;

(iv) A property tax assessment, bill, or receipt;

(v) A utility bill, excluding a cellular telephone bill;

(vi) A bank or credit card statement;

(vii) A paystub, paycheck, or government-issued check;

(viii) An intake document from a residential care or assisted living facility licensed pursuant to the provisions of chapter 33, title 39, Idaho Code;

(ix) Enrollment papers issued for the current school year by a high school or an accredited institution of higher education located within the state of Idaho; or

(x) A communication on letterhead from a public or private social service agency registered with the secretary of state verifying the applicant is homeless and attesting to the applicant's residence for registration purposes.

(b) Any document that displays only a post office box address does not satisfy the requirements of this subsection.

(5)(a) The registration application shall contain the following warning:

WARNING: Any elector who supplies any information, knowing it to be false, is guilty of perjury.

(b) The elector shall read the warning set forth in this subsection and shall sign the elector's name in an appropriate place on the completed application.

(6) The registration application completed and signed as provided in this section constitutes the official registration application of the elector. The county clerk shall upload such applications to the statewide voter registration database. Such applications shall be considered confidential and unavailable for public inspection and copying except as provided by section 74-106(25), Idaho Code.

(7) Any elector who shall supply any information under subsection (1) of this section, knowing it to be false, is guilty of perjury.

(8) Each elector who requests registration may, at the elector's option, supply the elector's telephone number. If the telephone number is supplied by the elector, the telephone number shall be available to the public.

(9) The statewide voter registration database maintained by the office of the secretary of state shall constitute the register of electors.

History:

[34-411, added 1970, ch. 140, sec. 46, p. 351; am. 1971, ch. 192, sec. 6, p. 874; am. 1972, ch. 392, sec. 4, p. 1131; am. 1988, ch. 233, sec. 1, p. 462; am. 1995, ch. 215, sec. 7, p. 750; am. 2003, ch. 48, sec. 5, p. 183; am. 2011, ch. 319, sec. 5, p. 931; am. 2012, ch. 211, sec. 3, p. 574; am. 2023, ch. 293, sec. 5, p. 889.]
Idaho Code § 34-711 — Idaho Code / Title 34 / Chapter 7 / Section 34-711
34-711 CERTIFICATION OF CANDIDATES FOR PRESIDENT, VICE PRESIDENT AND PRESIDENTIAL ELECTORS.
Status: in_force

34-711. Certification of candidates for president, vice president and presidential electors. The state chairman of each political party shall certify the names of the presidential and vice-presidential candidates and presidential electors to the secretary of state on or before September 1, unless a five (5) day extension is granted by the secretary of state, in order for them to appear on the general election ballot. The secretary of state shall certify such candidates to the county clerks at the same time as certification of political party candidates nominated for state and federal offices by the voters in the primary election.

History:

[34-711, added 1970, ch. 140, sec. 115, p. 351; am. 1972, ch. 346, sec. 2, p. 1015; am. 1976, ch. 60, sec. 7, p. 204; am. 1984, ch. 131, sec. 3, p. 306; am. 1985, ch. 42, sec. 4, p. 89; am. 2003, ch. 94, sec. 2, p. 280.]
Idaho Code § 34-1812 — Idaho Code / Title 34 / Chapter 18 / Section 34-1812
34-1812 FISCAL IMPACT STATEMENTS.
Status: in_force

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 unbiased, good faith statement of the fiscal impact of the law proposed by the initiative. The division of financial management shall complete the initial fiscal impact statement and file it with the secretary of state's office within twenty (20) working days of having received the initiative petition from the secretary of state's office. The secretary of state shall immediately transmit a copy of the initial fiscal impact statement to the person or persons who filed the initiative petition pursuant to section 34-1804, Idaho Code.

(2) If the person or persons who filed the initiative petition modify the initiative petition pursuant to section 34-1809(2), Idaho Code, after receiving the certificate of review and initial fiscal impact statement, the secretary of state shall notify the division of financial management of the modified initiative petition. Within ten (10) working days, the division of financial management shall either submit an updated fiscal impact statement to the secretary of state's office reflecting such modifications or notify the secretary of state that the modifications did not alter the fiscal impact of the law proposed by the initiative petition reflected in the initial fiscal impact statement.

(3) A fiscal impact statement shall describe any projected increase or decrease in revenues, costs, expenditures, or indebtedness that the state or local governments will experience if the ballot measure is approved by the voters. A fiscal impact statement shall include both immediate expected fiscal impacts and an estimate of any state or local government long-term financial implications. A fiscal impact statement must be written in clear and concise language and shall avoid legal and technical terms whenever possible. Where appropriate, a fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context.

(4) A fiscal impact statement must include both a summary of the fiscal impact statement, not to exceed one hundred (100) words, and a more detailed statement of fiscal impact that includes the assumptions that were made to develop the fiscal impact statement. When collecting signatures, a signature gatherer shall offer a copy of the fiscal impact statement summary, along with a copy of the initiative and the sponsor's proposed funding source information, to the elector for review before signing.

(5) No later than July 20 in the year an initiative petition with the requisite number of signatures attached has been properly filed with the secretary of state pursuant to section 34-1802(4), Idaho Code, the division of financial management shall file with the secretary of state a final fiscal impact statement, updated with the most accurate and up-to-date information concerning the fiscal impact of the law proposed by such initiative petition. The secretary of state shall immediately transmit a copy of the final fiscal impact statement to the person or persons who filed the initiative petition pursuant to section 34-1804, Idaho Code.

(6) The final fiscal impact statement summary and the sponsor's proposed funding source information shall also be published in the state voters' pamphlet and on the official ballot. The final fiscal impact statement summary and the detailed fiscal impact statement pursuant to subsection (4) of this section and the sponsor's proposed funding source information shall be made available to the public on the secretary of state's website no later than August 1.

(7) The provisions of this section shall not apply to a city or county ballot initiative.

History:

[34-1812, added 2020, ch. 317, sec. 3, p. 903; am. 2025, ch. 305, sec. 1, p. 1299.]
Idaho Code § 34-1401 — Idaho Code / Title 34 / Chapter 14 / Section 34-1401
34-1401 ELECTION ADMINISTRATION.
Status: in_force

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 special questions submitted to the electors as provided in this chapter. Water districts governed by chapter 6, title 42, Idaho Code, recreational water and/or sewer districts as defined in section 42-3202A, Idaho Code, aquifer recharge districts governed by chapter 42, title 42, Idaho Code, ground water management districts governed by chapter 51, title 42, Idaho Code, ground water districts governed by chapter 52, title 42, Idaho Code, and irrigation districts governed by title 43, Idaho Code, are exempt from the provisions of this chapter. Municipal elections shall be conducted under the provisions of this chapter except for the specific provisions of chapter 4, title 50, Idaho Code. All school district and highway district elections shall be conducted pursuant to the provisions of this chapter 14, title 34, Idaho Code. All highway district and school district elections shall be administered by the clerk of the county wherein the district lies. Elections in a joint school district or other political subdivisions that extend beyond the boundaries of a single county shall be conducted jointly by the clerks of the respective counties, and the clerk of the home county shall exercise such powers as are necessary to coordinate the election. "Home county" shall be defined as the county in which the business office for the district or political subdivision is located.

(2) For the purposes of achieving uniformity, the secretary of state shall, from time to time, provide directives and instructions to the various county clerks. Unless a specific exception is provided in this chapter, the provisions of this chapter shall govern in all questions regarding the conduct of elections on behalf of all political subdivisions. In all matters not specifically covered by this chapter, other provisions of title 34, Idaho Code, governing elections shall prevail over any special provision which conflicts therewith.

(3) The county clerk shall conduct the elections for political subdivisions and shall perform all necessary duties of the election official of a political subdivision including, but not limited to, notice of the filing deadline, notice of the election, and preparation of the election calendar.

History:

[34-1401, added 1992, ch. 176, sec. 4, p. 555; am. 1993, ch. 313, sec. 5, p. 1160; am. 1993, ch. 379, sec. 1, p. 1392; am. 1996, ch. 298, sec. 1, p. 977; am. 2009, ch. 341, sec. 59, p. 1032; am. 2010, ch. 185, sec. 9, p. 387; am. 2011, ch. 11, sec. 15, p. 32; am. 2021, ch. 325, sec. 3, p. 992.]
Idaho Code § 34-903 — Idaho Code / Title 34 / Chapter 9 / Section 34-903
34-903 SECRETARY OF STATE TO PRESCRIBE FORM AND CONTENTS OF ALL BALLOTS AND RELATED DOCUMENTS.
Status: in_force

34-903. Secretary of state to prescribe form and contents of all ballots and related documents. (1) The secretary of state shall, in a manner consistent with the election laws of this state, prescribe the form for all ballots, absentee ballots, diagrams, sample ballots, voting machine labels or booklets, certificates, notices, declarations of candidacy, affidavits of all types, lists, applications, poll books, tally sheets, registers, rosters, statements, and abstracts if required by the election laws of this state.

(2) The secretary of state shall prescribe the arrangement of the matter to be printed on each kind of ballot and label, including:

(a) The placement and listing of all offices, candidates, and issues upon which voting is statewide, which shall be uniform throughout the state; and

(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates, and issues upon which voting is not statewide.

(3) The names of candidates for legislative or special district offices shall be printed only on the ballots furnished to voters of such district.

(4)(a) The order of the names of candidates that appear on election ballots for federal, state, county, and local offices shall be rotated in the manner determined by the secretary of state for any political entity whose number of registered voters at the last general election exceeded twenty-five thousand (25,000).

(b) The order of names of candidates for office in all other elections shall be determined by applying the first letter of each candidate's last name to a random alphabet selected prior to each election by the secretary of state.

(5) No candidate's name may appear on a ballot for more than one (1) partisan office or one (1) judicial office, except that a candidate for precinct committeeman may seek one (1) additional office upon the same ballot. The provisions of this subsection shall not apply to the election of electors of president and vice president of the United States.

History:

[34-903, added 1970, ch. 140, sec. 123, p. 351; am. 1971, ch. 189, sec. 1, p. 870; am. 1987, ch. 313, sec. 1, p. 656; am. 2011, ch. 285, sec. 8, p. 781; am. 2012, ch. 211, sec. 6, p. 575; am. 2015, ch. 282, sec. 5, p. 1148; am. 2022, ch. 99, sec. 1, p. 343; am. 2024, ch. 260, sec. 13, p. 907; am. 2026, ch. 186, sec. 1, p. 837.]
Idaho Code § 34-1405 — Idaho Code / Title 34 / Chapter 14 / Section 34-1405
34-1405 NOTICE OF ELECTION FILING DEADLINE.
Status: in_force

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 districts. The notice shall include not less than the name of the political subdivision, the place where filing for each office takes place, and a notice of the availability of declarations of candidacy. The notice shall be published in the official newspaper of the political subdivision.

(2) The secretary of state shall compile an election calendar annually which shall include not less than a listing of the political subdivisions which will be conducting candidate elections in the forthcoming year, the place where filing for each office takes place, and the procedure for a declaration of candidacy. Annually in December, the county clerk shall cause to be published the election calendar for the county for the following calendar year. This publication shall be in addition to the publication required by paragraph (1) of this section. The election calendar for the county shall be published in at least two (2) newspapers published within the county, but if this is not possible, the calendar shall be published in one (1) newspaper which has general circulation within the county. Copies of the election calendar shall be available, without charge, from the office of the secretary of state or the county clerk.

History:

[34-1405, added 1992, ch. 176, sec. 4, p. 556; am. 1993, ch. 313, sec. 9, p. 1161; am. 2009, ch. 341, sec. 61, p. 1034.]
Idaho Code § 34-435 — Idaho Code / Title 34 / Chapter 4 / Section 34-435
34-435 CANCELLATION OF REGISTRATIONS FOLLOWING ANY GENERAL ELECTION OF THOSE NOT VOTING FOR FOUR YEARS.
Status: in_force

34-435. Cancellation of registrations following any general election of those not voting for four years. Within one hundred twenty (120) days following the date of the general election, the county clerk shall examine the election register and the signed statements of challenge made at that election. After this examination, the county clerk shall immediately cancel the registration of any elector who did not vote at any election in the past four (4) years.

This section shall be construed as to provide for a uniform four (4) year registration period for all electors.

History:

[34-435, added 1970, ch. 140, sec. 70, p. 351; am. 1975, ch. 124, sec. 1, p. 257; am. 1977, ch. 15, sec. 3, p. 33; am. 1978, ch. 27, sec. 1, p. 53; am. 1995, ch. 215, sec. 11, p. 752; am. 2015, ch. 282, sec. 2, p. 1147.]
Idaho Code § 34-613 — Idaho Code / Title 34 / Chapter 6 / Section 34-613
34-613 ELECTION OF SUPERINTENDENT OF PUBLIC INSTRUCTION — QUALIFICATIONS.
Status: in_force

34-613. Election of superintendent of public instruction — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, a superintendent of public instruction shall be elected.

(2) No person shall be elected to the office of superintendent of public instruction unless he shall have attained the age of twenty-five (25) years at the time of his election, is a citizen of the United States, has a bachelor's degree from an accredited college or university, and shall have resided within the state two (2) years next preceding his election.

(3) Each candidate shall file his declaration of candidacy with the secretary of state.

(4) Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History:

[34-613, added 1970, ch. 140, sec. 93, p. 351; am. 1974, ch. 182, sec. 1, p. 1478; am. 1994, ch. 277, sec. 1, p. 864; am. 1996, ch. 28, sec. 9, p. 70.]
Idaho Code § 34-1213 — Idaho Code / Title 34 / Chapter 12 / Section 34-1213
34-1213 CERTIFICATION OF CANVASS BY BOARD.
Status: in_force

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 the persons to whom such votes shall have been cast for the particular offices and the total number cast to each, distinguishing the several districts, counties and precincts in which they were given. They shall certify such statement to be correct and subscribe their names thereto.

History:

[34-1213, added 1970, ch. 140, sec. 197, p. 351; am. 2024, ch. 201, sec. 4, p. 717.]
Idaho Code § 34-1106A — Idaho Code / Title 34 / Chapter 11 / Section 34-1106A
34-1106A ELECTRONIC POLL BOOK AUTHORIZED.
Status: in_force

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) The secretary of state shall develop and provide to each county that adopts the use of electronic polls books under subsection (1) of this section instructions, directives and advisories regarding the examination, testing and use of the electronic poll books.

History:

[34-1106A, added 2015, ch. 282, sec. 6, p. 1149.]
Idaho Code § 34-1110 — Idaho Code / Title 34 / Chapter 11 / Section 34-1110
34-1110 OFFICERS NOT TO DIVULGE INFORMATION.
Status: in_force

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 person whomsoever, shall interfere with, or attempt to interfere with, a voter when marking his ballot. No judge, clerk or other person shall, directly or indirectly, attempt to induce any voter to display his ticket after he shall have marked the same, or to make known to any person the name of any candidate for or against whom he may have voted.

History:

[34-1110, added 1970, ch. 140, sec. 182, p. 351.]
Idaho Code § 34-2204 — Idaho Code / Title 34 / Chapter 22 / Section 34-2204
34-2204 NUMBER OF DELEGATES.
Status: in_force

34-2204. Number of delegates. The number of delegates to be chosen to such convention shall be twenty-one (21), to be elected from the state at large.

History:

[34-2204, added 1933, ch. 179, sec. 4, p. 328.]
Idaho Code § 34-431 — Idaho Code / Title 34 / Chapter 4 / Section 34-431
34-431 CHALLENGES OF ENTRIES IN ELECTION REGISTER.
Status: in_force

34-431. Challenges of entries in election register. At the time of any election, any registered elector may challenge the entry of an elector's name as it appears in the election register. Such a challenge will be noted in the remarks column following the elector's name stating the reason, such as "died," "moved," or "incorrect address." The individual making the challenge shall sign his name following the entry.

History:

[34-431, added 1970, ch. 140, sec. 66, p. 351.]
Idaho Code § 34-2126 — Idaho Code / Title 34 / Chapter 21 / Section 34-2126
34-2126 REMEDIES.
Status: in_force

34-2126. Remedies. Not more than ten (10) days after the hearing, the court must render an opinion in a primary contest as soon as practicable and must prescribe such remedies provided in this chapter as it deems just. The court may award attorney's fees if the court finds the contest of nomination is frivolous and has no foundation in law or fact.

History:

[34-2126, added 2017, ch. 293, sec. 2, p. 775.]
Idaho Code § 34-2309 — Idaho Code / Title 34 / Chapter 23 / Section 34-2309
34-2309 FREE RECOUNT.
Status: in_force

34-2309. free recount. A losing candidate for nomination, or election or person supporting or opposing a ballot measure, may request a recount of the votes cast for the nomination or election to that office or passage or failure of a measure if the difference between the vote cast for that candidate and for the winning candidate for nomination or election, or the difference between the yes and no votes on a measure, is less than or equal to one-tenth of one percent (0.1%) of the total votes cast for that office or five (5) votes, whichever is greater. All requests shall be in writing, and filed with the appropriate officer during the time mentioned in section 34-2301, Idaho Code.

The state shall pay for the recount of a federal, state, or legislative district office, or state measure while the county shall pay for the recount of a county, city or district office or measure.

History:

[34-2309, added 1985, ch. 41, sec. 9, p. 87; am. 1986, ch. 97, sec. 3, p. 276; am. 2011, ch. 285, sec. 23, p. 786; am. 2015, ch. 282, sec. 7, p. 1149; am. 2015, ch. 287, sec. 1, p. 1159.]
Idaho Code § 34-2310 — Idaho Code / Title 34 / Chapter 23 / Section 34-2310
34-2310 “COSTS” DEFINED.
Status: in_force

34-2310. "Costs" defined. As used in this chapter, costs of recount shall include the following:

(1) Travel costs of the office of the attorney general including meals and lodging.

(2) Normal hourly rate for election judges and clerks who are not employees of the county.

(3) Mileage for election judges who are not employees of the county.

(4) Any other costs directly attributable to the recount.

History:

[34-2310, added 1985, ch. 41, sec. 10, p. 87.]
Idaho Code § 34-2407 — Idaho Code / Title 34 / Chapter 24 / Section 34-2407
34-2407 PURCHASE OF MACHINES — MANNER OF PAYMENT.
Status: in_force

34-2407. Purchase of machines — Manner of payment. (1) The governing body may, on the adoption and purchase of voting machines or vote tally systems, provide for their payment in the method it determines to be for the best interest of the county, city, district or other political subdivision. The governing body may make contracts for the purchase of the machines or vote tally systems with such provisions with regard to price, manner of purchase and time of payment that the governing body determines are proper.

(2) For the purpose of paying for voting machines or vote tally systems, the governing body may:

(a) Issue bonds, warrants, notes or other negotiable obligations. The bonds, warrants, certificates, notes or other obligations shall be a charge upon the county, city, district or other political subdivisions.

(b) Pay for the voting machines or vote tally system in cash out of the general fund.

(c) Provide for the payment for the voting machines or vote tally systems by other means.

(3) In estimating the amount of taxes for the general fund, if any, the amount required for payment for voting machines or vote tally systems shall be added, extending over the time required to pay for the machines or vote tally systems.

History:

[34-2407, added 1970, ch. 140, sec. 138, p. 351.]
Idaho Code § 34-408A — Idaho Code / Title 34 / Chapter 4 / Section 34-408A
34-408A ELECTION DAY REGISTRATION.
Status: in_force

34-408A. Election day registration. (1) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, completing a registration application, showing proof of identity and residence pursuant to section 34-411, Idaho Code, and making an oath in the form prescribed by the secretary of state.

(2) Election day registration provided in this section shall apply to all elections conducted under title 34, Idaho Code, and to school district and municipal elections.

History:

[34-408A, added 1994, ch. 67, sec. 5, p. 138; am. 1995, ch. 215, sec. 3, p. 749; am. 1997, ch. 356, sec. 2, p. 1052; am. 2011, ch. 285, sec. 3, p. 779; am. 2016, ch. 359, sec. 5, p. 1055; am. 2023, ch. 293, sec. 3, p. 888.]
Idaho Code § 34-109 — Idaho Code / Title 34 / Chapter 1 / Section 34-109
34-109 “POLITICAL PARTY” DEFINED.
Status: in_force

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

History:

[34-109, added 1970, ch. 140, sec. 9, p. 351.]
Idaho Code § 34-216 — Idaho Code / Title 34 / Chapter 2 / Section 34-216
34-216 GRIEVANCE PROCEDURES.
Status: in_force

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).

History:

[34-216, added 2003, ch. 48, sec. 2, p. 182.]
Idaho Code § 34-507 — Idaho Code / Title 34 / Chapter 5 / Section 34-507
34-507 SELECTION OF DELEGATES TO THE STATE CONVENTION.
Status: in_force

34-507. Selection of delegates to the state convention. The delegates to the state convention of each political party shall be selected in the manner prescribed by rules and regulations promulgated and adopted by the state central committee.

History:

[I.C., sec. 34-507, as added by 1971 (E.S.), ch. 9, sec. 2, p. 20.]
Idaho Code § 34-1704 — Idaho Code / Title 34 / Chapter 17 / Section 34-1704
34-1704 PRINTING OF PETITION AND SHEETS FOR SIGNATURES — TIME LIMITS FOR PERFECTING PETITION.
Status: in_force

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 authority the recall petition is to be circulated shall send or deliver to the secretary of state or county clerk, as the case may be, a copy of a prospective petition duly signed by at least twenty (20) electors eligible to sign such petition. The receiving officer shall immediately examine the petition and specify the form and kind and size of paper on which the petition shall be printed and circulated for further signatures. All petitions and signature sheets for recall shall be printed on a good quality bond paper of standardized size in substantial conformance within the provisions of section 34-1703, Idaho Code. To every sheet of petitioners' signatures shall be attached a full and correct copy of the recall petition.

(2) The secretary of state or county clerk, as the case may be, shall indicate in writing on the prospective recall petition that he has approved it as to form and the date of such approval. Upon approval as to form, the secretary of state or county clerk shall inform the person or persons or organization or organizations under whose authority the recall petition is to be circulated, in writing, that the petition must be perfected with the required number of signatures within seventy-five (75) days following the date of approval as to form. Signatures on the prospective petition shall not be counted toward the required number of signatures. Any petition that does not contain the required number of signatures within the seventy-five (75) days allowed shall be declared null and void ab initio in its entirety.

History:

[34-1704, added 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 2, p. 302; am. 2004, ch. 164, sec. 1, p. 533; am. 2013, ch. 135, sec. 6, p. 313; am. 2021, ch. 325, sec. 6, p. 996.]
Idaho Code § 34-303 — Idaho Code / Title 34 / Chapter 3 / Section 34-303
34-303 APPOINTMENT OF ELECTION JUDGES BY COUNTY CLERK.
Status: in_force

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 place is designated for two (2) or more precincts, an individual may serve simultaneously on the election board for two (2) or more precincts thus served by a single polling place. The precinct committeemen shall recommend persons for the position in their respective precincts to the county clerk in writing by the fifth Friday prior to the primary election and the county clerk shall appoint the judges from such lists if the persons recommended are qualified.

(2) The chief election judge shall be responsible for the conduct of the proceedings in the polling place. Compensation for all election personnel shall be determined by the board of county commissioners at no less than the minimum wage as prescribed by the laws of the state of Idaho, except for personnel volunteering for election service pursuant to section 2-212, Idaho Code.

(3) Each election board shall contain personnel representing all existing political parties if a list of applicants has been provided to the county clerk by the precinct committeemen of the precincts by the prescribed deadline.

(4) In order to provide for a greater awareness of the election process, the rights and responsibilities of voters and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, a county clerk may appoint not more than two (2) students per precinct to serve under the direct supervision of election board members designated by the county clerk. A student may be appointed, notwithstanding lack of eligibility to vote, if the student possesses the following qualifications:

(a) Is at least sixteen (16) years of age at the time of the election for which he or she is serving as a member of an election board; and

(b) Is a citizen of the United States.

History:

[34-303, added 1970, ch. 140, sec. 34, p. 351; am. 1971, ch. 210, sec. 2, p. 919; am. 1977, ch. 8, sec. 4, p. 17; am. 2003, ch. 48, sec. 3, p. 182; am. 2004, ch. 113, sec. 1, p. 386; am. 2018, ch. 154, sec. 1, p. 311; am. 2019, ch. 96, sec. 3, p. 345; am. 2026, ch. 59, sec. 3, p. 255.]
Idaho Code § 34-1217 — Idaho Code / Title 34 / Chapter 12 / Section 34-1217
34-1217 CANVASSING RETURNS OF JUDICIAL ELECTIONS — CERTIFICATES OF NOMINATION OR ELECTION.
Status: in_force

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 the county clerk to certify to the secretary of state, the result of said judicial nominating election. In such certificate the clerk shall set forth, following the name of each justice of the supreme court and each district judge for whom a successor is to be elected at the general election in that year, the vote received by each person who had declared himself to be, and who had been voted for as, a candidate to succeed such justice or district judge.

The returns so made to the secretary of state by the county clerk shall be canvassed by the state board of canvassers at the time the other returns of said primary election are canvassed.

If it appears to the state board of canvassers upon the official canvass that at such judicial nominating election any candidate received a majority of all the votes cast for candidates to succeed a particular justice of the supreme court or district judge, said board shall certify to the secretary of state as duly elected to such office the name of the candidate who received such majority and such candidate whose name is so certified shall receive and the secretary of state shall issue and deliver to him a certificate of election to such office and he shall not be required to stand for election at the general election following.

In the event no candidate received a majority of all votes cast for candidates to succeed a particular justice of the supreme court or a particular district judge, the two (2) candidates receiving the greater number of votes cast for all candidates to succeed such justice of the supreme court or such district judge shall be and shall be declared to be nominees to succeed such justice or such district judge and their names as such nominees shall be placed on the official judicial ballot at the general election next following. The secretary of state shall certify the names of such nominees, including with each the name of the incumbent in office whom such candidates were nominated to succeed, to the county clerks at the time he certifies the names of candidates for other offices certified by him; provided, however, if another be appointed to succeed the incumbent person named on such judicial nominating ballot, the secretary of state shall insert in such certificate or in amendment thereto the name of the appointee in the place of the name of the incumbent person named on such judicial nominating ballot.

History:

[34-1217, added 1970, ch. 231, sec. 12, p. 643; am. 1971, ch. 131, sec. 1, p. 513.]
Idaho Code § 34-2023 — Idaho Code / Title 34 / Chapter 20 / Section 34-2023
34-2023 ORDER FOR POSSESSION.
Status: in_force

34-2023. Order for possession. When either the contestant or incumbent shall be in possession of the office by holding over, or otherwise, the court shall, if the judgment be against the party so in possession of the office and in favor of his antagonist, issue an order to carry into effect the judgment of the court, which order shall be under the seal of the court, and shall command the sheriff of the county to put the successful party into possession of the office without delay, and to deliver to him all books and papers belonging to the same; and the sheriff shall execute such order as other writs.

History:

[(34-2023) 1890-1891, p. 57, sec. 164; reen. 1899, p. 33, sec. 151; reen. R.C. & C.L., sec. 5048; C.S., sec. 7296; I.C.A., sec. 33-1723.]
Idaho Code § 34-1702 — Idaho Code / Title 34 / Chapter 17 / Section 34-1702
34-1702 REQUIRED SIGNATURES ON PETITION.
Status: in_force

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 section 34-1701, Idaho Code, the petition shall be filed with the secretary of state and must be signed by registered electors equal in number to twenty percent (20%) of the number of electors registered to vote at the last general election held to elect a governor.

(2) If the petition seeks recall of any of the officers named in subsection (1)(b) of section 34-1701, Idaho Code, the petition shall be filed with the secretary of state and must be signed by registered electors of the legislative district equal in number to twenty percent (20%) of the number of electors registered to vote at the last general election held in the legislative district at which the member was elected.

(3) If the petition seeks recall of any of the officers named in subsection (2)(a) of section 34-1701, Idaho Code, the petition shall be filed with the county clerk and must be signed by registered electors of the county equal in number to twenty percent (20%) of the number of electors registered to vote at the last general election held in the county for the election of county officers at which the officer was elected.

(4) If the petition seeks recall of any of the officers named in subsection (3) of section 34-1701, Idaho Code, the petition shall be filed with the county clerk and must be signed by registered electors of the city equal in number to twenty percent (20%) of the number of electors registered to vote at the last general city election held in the city for the election of officers. For cities that elect council members based on districts, pursuant to section 50-707A, Idaho Code, the petition shall be signed by registered electors residing within the district in which the electors are eligible to vote for the official equal in number to twenty percent (20%) of the number of electors registered to vote at the last election for the district in which the recall is sought. If the city is located in two (2) or more counties, the clerk in each county shall perform the functions within that county as provided in section 34-1401, Idaho Code.

(5) If the petition seeks recall of any of the officers named in subsection (4) of section 34-1701, Idaho Code, the petition shall be filed with the county clerk of the county wherein the district is located. If the district is located in two (2) or more counties, the clerk in each county shall perform the functions within that county. The petition must be signed by registered electors residing within the district, subdistrict, or zone in which the electors are eligible to vote for the official, equal in number to fifty percent (50%) of the number of electors who cast votes in the last election within the district, subdistrict, or zone. If no such election has been held in the last six (6) years, the petition must be signed by twenty percent (20%) of the number of electors registered to vote in the district, subdistrict, or zone in which the electors are eligible to vote for the official, as calculated at the time the petition is filed.

History:

[34-1702, added 1972, ch. 283, sec. 3, p. 703; am. 1995, ch. 266, sec. 2, p. 849; am. 2003, ch. 57, sec. 1, p. 201; am. 2012, ch. 211, sec. 8, p. 576; am. 2021, ch. 325, sec. 4, p. 993; am. 2022, ch. 228, sec. 1, p. 747; am. 2025, ch. 205, sec. 1, p. 929.]
Idaho Code § 34-2032 — Idaho Code / Title 34 / Chapter 20 / Section 34-2032
34-2032 FRAUD OR ERROR BY THE ELECTION OFFICIAL.
Status: in_force

34-2032. Fraud or error by the election official. If the primary election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the election returns, the contest costs shall be a charge against the county or city where the election was held.

History:

[34-2032, added 1982, ch. 209, sec. 14, p. 577.]
Idaho Code § 34-1712 — Idaho Code / Title 34 / Chapter 17 / Section 34-1712
34-1712 GENERAL ELECTION LAWS CONTROL.
Status: in_force

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, notice must be issued in the same manner as for a general election.

(3) To recall any officer, a majority of the votes cast at the special recall election must be in favor of such recall, and additionally, the number of votes cast in favor of the recall must equal or exceed the votes cast at the last general election for that officer. If the officer was appointed or was not required to stand for election, then a majority of the votes cast in the recall election shall be the number necessary for recall.

(4) If recalled, an officer shall be recalled as of the time when the results of the special recall election are proclaimed, and a vacancy in the office shall exist.

(5) If an officer is recalled from his office the vacancy shall be filled in the manner provided by law for filling a vacancy in that office arising from any other cause.

History:

[34-1712, added 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 5, p. 302; am. 2003, ch. 57, sec. 2, p. 202; am. 2013, ch. 135, sec. 10, p. 315.]
Idaho Code § 34-2007 — Idaho Code / Title 34 / Chapter 20 / Section 34-2007
34-2007 WHO MAY CONTEST ELECTIONS.
Status: in_force

34-2007. Who may contest elections. The election of any person declared elected to any office, other than executive state officers and members of the legislature, may be contested by any elector of the state, judicial district, county, township, precinct, city or incorporated village in and for which the person is declared elected.

History:

[(34-2007) 1890-1891, p. 57, sec. 148; reen. 1899, p. 33, sec. 135; reen. R.C. & C.L., sec. 5032; C.S., sec. 7280; I.C.A., sec. 33-1707.]
Idaho Code § 34-2412 — Idaho Code / Title 34 / Chapter 24 / Section 34-2412
34-2412 COMPOSITION OF PRECINCT ELECTION BOARDS.
Status: in_force

34-2412. Composition of precinct election boards. (1) The election board of each election precinct in which a voting machine or vote tally system is used shall consist of an election judge and one (1) or more clerks. Each election board shall contain personnel representing all existing political parties if a list of applicants has been provided to the county clerk by the precinct committeemen of the precincts at least sixty (60) days prior to the primary election. The county clerk shall establish the number of election board clerks.

(2) The qualifications and duties of election judges shall apply to the appointment of election board clerks in counties or precincts where voting machines or vote tally systems are used.

History:

[34-2412, added 1970, ch. 140, sec. 143, p. 351; am. 1974, ch. 75, sec. 1, p. 1162; am. 1989, ch. 346, sec. 1, p. 873; am. 2012, ch. 211, sec. 12, p. 578.]
Idaho Code § 34-1009 — Idaho Code / Title 34 / Chapter 10 / Section 34-1009
34-1009 CHALLENGING ABSENTEE ELECTOR'S VOTE.
Status: in_force

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 the receiving judges determine, that the affidavit accompanying the absent elector's ballot is insufficient, or that the elector is not a qualified registered elector the envelope containing the ballot of such elector shall not be opened and the judges shall endorse on the back of the envelope the reason therefor. If an absent elector's envelope contains more than one (1) marked ballot of any one (1) kind, none of such ballots shall be counted and the judges shall make notations on the back of the ballots the reason therefor. Judges of election shall certify in their returns the number of absent electors' ballots cast and counted and the number of such ballots rejected.

History:

[34-1009, added 1970, ch. 140, sec. 170, p. 351; am. 2004, ch. 248, sec. 1, p. 714.]
Idaho Code § 34-502 — Idaho Code / Title 34 / Chapter 5 / Section 34-502
34-502 COUNTY CENTRAL COMMITTEE — MEMBERS — OFFICERS — DUTIES OF CHAIRMAN — NOTICE TO CHAIRMAN.
Status: in_force

34-502. County central committee — Members — Officers — Duties of chairman — Notice to chairman. The county central committee of each political party in each county shall consist of the precinct committeemen representing the precincts within the county and the county chairman elected by the precinct committeemen. The precinct committeemen within each county shall meet at the county seat within ten (10) days after the primary election and at the time and date designated by the incumbent county chairman, and shall organize by electing a chairman, vice chairman, a secretary, a state committeeman, a state committeewoman, and such other officers as they may desire who shall hold office at the pleasure of the county central committee or until their successors are elected.

Unless state party rules, adopted as provided in section 34-505, Idaho Code, provide otherwise, when a vacancy exists in the office of county central committee chairman, it shall be the duty of the state central committee chairman to call a meeting of the precinct committeemen of the county, and the precinct committeemen shall proceed to elect a chairman of the county central committee for the balance of the unexpired term.

The county central committee shall fill by appointment all vacancies that occur or exist in the office of precinct committeeman who shall be a qualified elector of the precinct.

The county clerk shall deliver in writing to the chairman of the county central committee of each political party on or before January 20 of each year in which a general election is to be held, a list of the election precincts in the county and the names and addresses of the precinct committeemen who were elected at the last primary election, or who have since been appointed as precinct committeemen, as such election or appointment is shown on the records of the county clerk. If the county clerk has no record of precinct committeemen, he shall in writing, so inform the chairman of the county central committee.

The chairman of the county central committee shall on or before February 1 of each year in which a general election is to be held, and at such other times as changes occur, certify to the county clerk the names and addresses of the precinct committeemen of his political party.

History:

[34-502, added 1970, ch. 140, sec. 75, p. 351; am. 1975, ch. 21, sec. 2, p. 30; am. 1976, ch. 351, sec. 1, p. 1160; am. 2011, ch. 285, sec. 4, p. 780.]
Idaho Code § 34-1205 — Idaho Code / Title 34 / Chapter 12 / Section 34-1205
34-1205 COUNTY BOARD OF CANVASSERS — MEETINGS.
Status: in_force

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 purpose of canvassing the election returns of all precincts within the county.

History:

[34-1205, added 1970, ch. 140, sec. 189, p. 351; am. 1972, ch. 193, sec. 2, p. 480; am. 1975, ch. 174, sec. 15, p. 469; am. 2012, ch. 33, sec. 13, p. 104; am. 2015, ch. 292, sec. 9, p. 1171; am. 2023, ch. 208, sec. 16, p. 580; am. 2025, ch. 113, sec. 18, p. 609.]
Idaho Code § 34-2425 — Idaho Code / Title 34 / Chapter 24 / Section 34-2425
34-2425 PREPARATION AND DISTRIBUTION OF SAMPLE BALLOTS.
Status: in_force

34-2425. Preparation and distribution of sample ballots. (1) At each primary, general and special election there shall be provided as many sample ballots as the county clerk considers necessary. The sample ballots shall be prepared and distributed as provided by law.

(2) For each primary, general and special election the county clerk shall cause to be published a facsimile, except as to size, of the sample ballot required in subsection (1) of this section.

History:

[34-2425, added 1970, ch. 140, sec. 156, p. 351.]
Idaho Code § 34-410 — Idaho Code / Title 34 / Chapter 4 / Section 34-410
34-410 MAIL REGISTRATION.
Status: in_force

34-410. Mail registration. (1) Any elector may register by mail for any election. Any mail registration application must be received by the county clerk prior to the close of registration as provided in section 34-408, Idaho Code.

(2) The secretary of state shall prescribe the form for the mail registration application.

(3) The mail application form shall be available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs.

(4) Any federal mail registration form adopted pursuant to the provisions of the national voter registration act of 1993, P.L. 103-31, shall also be accepted as a valid registration if it is received no later than 5:00 p.m. on the eleventh day before the election.

(5) The county clerk shall prepare and issue by first class nonforwardable mail to each elector registering by mail a verification of registration containing the name and residence of the elector and the name or number of the precinct in which the elector resides. A verification returned undeliverable shall cause the county clerk to remove the elector's card from the register of electors.

(6) As required by the help America vote act of 2002, P.L. 107-252, a copy of proper identification will be required prior to issuance of a ballot to anyone who has registered by mail and has not previously voted in an election for federal office in the state. Proper identification shall meet the requirements of section 34-411(3) and (4), Idaho Code.

History:

[34-410, added 1994, ch. 67, sec. 7, p. 139; am. 1995, ch. 215, sec. 4, p. 750; am. 2003, ch. 48, sec. 4, p. 182; am. 2023, ch. 293, sec. 4, p. 888; am. 2025, ch. 113, sec. 7, p. 604.]
Idaho Code § 34-1816 — Idaho Code / Title 34 / Chapter 18 / Section 34-1816
34-1816 FILING PETITION WITH FALSE SIGNATURES UNLAWFUL.
Status: in_force

34-1816. Filing petition with false signatures unlawful. It shall be unlawful for any person to file in the office of any officer provided by law to receive such filing any petition mentioned in sections 34-1801—34-1822, to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent or not the genuine signature of the person purporting to sign such petition, or whose name is attached, appended or subscribed thereto.

History:

[34-1816, added 1933, ch. 210, sec. 16, p. 431.]
Idaho Code § 34-625A — Idaho Code / Title 34 / Chapter 6 / Section 34-625A
34-625A ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN CERTAIN SINGLE COUNTYWIDE DISTRICTS — QUALIFICATIONS.
Status: in_force

34-625A. Election of highway district commissioners in certain single countywide districts — Qualifications. (1) In each general election, highway district commissioners in single countywide districts shall be elected as provided for in section 40-1404A, Idaho Code.

(2) No person shall be elected to the office of highway district commissioner unless he shall have attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States, and shall be a resident of the highway district commissioner's subdistrict for which he seeks office.

(3) Each candidate shall file a declaration of candidacy with the county clerk during the time period provided in section 34-1404, Idaho Code. Each declaration of candidacy shall also bear the following words: "I am a resident within the boundaries of Highway District Commissioner's Subdistrict Number….."

(4) Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of ten dollars ($10.00) which shall be deposited in the county current expense fund.

History:

[34-625A, added 1998, ch. 300, sec. 4, p. 991; am. 2007, ch. 313, sec. 2, p. 884; am. 2025, ch. 113, sec. 9, p. 605.]
Idaho Code § 34-2111 — Idaho Code / Title 34 / Chapter 21 / Section 34-2111
34-2111 TESTIMONY — HOW TAKEN, CERTIFIED AND PRESERVED.
Status: in_force

34-2111. TESTIMONY — HOW TAKEN, CERTIFIED AND PRESERVED. The testimony by deposition upon oral examination must be taken and preserved pursuant to the provisions of the Idaho rules of civil procedure. The deposition record must be entitled: "Deposition taken in the matter of the contest of the election of [INSERT NAME OF CONTESTEE HERE] to the office of….," and be directed to the secretary of state, who must preserve the same, until the meeting of the legislature. Any testimony taken pursuant to this section must be filed with the secretary of state. Upon request of a presiding officer, the secretary of state must provide copies of depositions to the requesting presiding officer in a timely manner, prior to the time established in section 34-2114, Idaho Code.

History:

[34-2111, added 2017, ch. 293, sec. 2, p. 771.]
Idaho Code § 34-902 — Idaho Code / Title 34 / Chapter 9 / Section 34-902
34-902 COUNTY COMMISSIONERS TO PROVIDE SUFFICIENT BALLOTS AND BALLOT BOXES FOR EACH POLLING PLACE AT ALL ELECTIONS.
Status: in_force

34-902. County commissioners to provide sufficient ballots and ballot boxes for each polling place at all elections. The board of county commissioners shall authorize that a suitable number of ballots be printed for each polling place. The county clerk shall cause such ballots to be printed upon receiving final instructions from the secretary of state, and the cost shall be paid from the county treasury. The board of county commissioners shall authorize the printing of ballots in the same manner for special elections when such special election is ordered by the governor or provided by law.

The board of county commissioners shall also provide a suitable number of ballot boxes for each polling place within the county, and shall have complete authority to determine the specifications for such ballot boxes.

History:

[34-902, added 1970, ch. 140, sec. 122, p. 351; am. 1975, ch. 174, sec. 14, p. 469; am. 1979, ch. 309, sec. 10, p. 838; am. 2011, ch. 11, sec. 13, p. 31.]
Idaho Code § 34-219 — Idaho Code / Title 34 / Chapter 2 / Section 34-219
34-219 INVESTIGATION OF CANDIDATE QUALIFICATIONS.
Status: in_force

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 legal qualifications for the office being sought. A person excluded from the ballot pursuant to this subsection may challenge such exclusion in the district court in which the person's residence for voting purposes is located.

(2) The secretary of state or a county clerk may establish a deadline by which a request made pursuant to subsection (1) of this section must be filed, which deadline shall not be earlier than fourteen (14) days following the deadline to file a declaration of candidacy pursuant to section 34-704, Idaho Code.

(3) Upon the request of the secretary of state or a county clerk, the state or a political subdivision shall provide information within the state's or the political subdivision's possession that is needed to ascertain the legal qualifications of a candidate for office.

History:

[34-219, added 2022, ch. 81, sec. 2, p. 230.]
Idaho Code § 34-906 — Idaho Code / Title 34 / Chapter 9 / Section 34-906
34-906 BALLOTS FOR GENERAL ELECTIONS.
Status: in_force

34-906. Ballots for general elections. (1) There shall be a single general election ballot on which the complete ticket of each political party shall be printed. Each political party ticket shall include that party's nominee for each particular office. The secretary of state shall design the general election ballot to allow for write-in candidates when needed.

(2) The office titles shall be listed in order beginning with the highest federal office. The secretary of state has the discretion and authority to arrange the above classifications of offices as provided by law.

History:

[34-906, added 1970, ch. 140, sec. 126, p. 351; am. 1971, ch. 189, sec. 3, p. 870; am. 1977, ch. 12, sec. 1, p. 24; am. 2020, ch. 69, sec. 4, p. 158; am. 2026, ch. 227, sec. 1, p. 1005.]
Idaho Code § 34-111 — Idaho Code / Title 34 / Chapter 1 / Section 34-111
34-111 “COMBINATION ELECTION RECORD AND POLL BOOK” DEFINED — OPERATION.
Status: in_force

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 combination election record and poll book may be maintained to record that the elector has voted.

(2) The county clerk shall deliver to the chief election judge in each precinct, as other election supplies and materials are delivered, a list in alphabetical order of all registered electors referred to in section 34-110, Idaho Code. This list shall constitute the combination election record and poll book of each precinct. This list shall include the residence address of each elector. For any given precinct, the list may be divided into two (2) or more separate parts and shall be alphabetical according to the name of the registered elector.

(3) The county clerk shall administer an oath of office to the chief judge of each precinct, before or upon delivering supplies. The county clerk may delegate his authority to administer oath of the chief judge to any officer authorized to administer oaths, including notaries public.

(4) Before entering upon the discharge of their duties, the election judges shall take and subscribe an oath in the combination election record and poll book. Such oaths shall be administered by the chief judge of the precinct. Should the chief judge fail to be present any officer authorized to administer oaths including notaries public may administer oaths to the election judges. Blank oaths of office shall be attached to the combination election record and poll book.

(5) The combination election record and poll book shall be in the manner and form prescribed by the secretary of state.

(6) Immediately after the close of the polls, the names of the electors who voted shall be counted and the number written and certified in the combination election record and poll book. The combination election record and poll book shall be immediately signed by each of the election board judges.

History:

[34-111, added 1970, ch. 140, sec. 11, p. 351; am. 1972, ch. 350, sec. 3, p. 1036; am. 1982, ch. 137, sec. 1, p. 388.]
Idaho Code § 34-703 — Idaho Code / Title 34 / Chapter 7 / Section 34-703
34-703 NOMINATION AT PRIMARY.
Status: in_force

34-703. Nomination at primary. (1) All political party candidates for United States senator and representative in congress and all political party candidates for elective state, district, single countywide highway district pursuant to section 40-1404A, Idaho Code, and county offices, except candidates for judicial office, at general elections shall be nominated at the primary elections, or shall have their names placed on the general election ballot as provided by law, and shall comply with the provisions of this act.

(2) All candidates for judicial office shall be nominated or elected at the primary election, as provided by section 34-1217, Idaho Code.

(3) Independent candidates shall not be voted on at primary elections.

History:

[34-703, added 1971, ch. 5, sec. 2, p. 11; am. 1972, ch. 46, sec. 3, p. 84; am. 1976, ch. 60, sec. 2, p. 202; am. 2026, ch. 333, sec. 4, p. 1309.]
Idaho Code § 34-2025 — Idaho Code / Title 34 / Chapter 20 / Section 34-2025
34-2025 APPEAL AND SUPERSEDEAS.
Status: in_force

34-2025. Appeal and supersedeas. (a) The party against whom judgment is rendered in cases tried in the district court may appeal to the Supreme Court, and if the appellant be in possession of the office, such appeal shall not supersede the execution of the judgment of the court, as provided in the preceding section, unless he give a bond with security, to be approved by the court, in a sum to be fixed by the court, and which shall be at least double the probable compensation of such officer for six (6) months, which bond shall be conditioned that he will prosecute his appeal without delay, and that if the judgment appealed from be affirmed he will pay over to the successful party all compensation received by him while in possession of said office after the judgment appealed from was rendered, and such bond shall contain the express consent that judgment may be rendered against the sureties on the appeal as provided in the following section.

(b) All appeals to the Supreme Court shall be brought within ten (10) days of the judgment by the district court.

History:

[(34-2025) 1890-1891, p. 57, sec. 166; reen. 1899, p. 33, sec. 153; reen. R.C. & C.L., sec. 5050; C.S., sec. 7298; I.C.A., sec. 33-1725; am. 1982, ch. 209, sec. 9, p. 576.]
Idaho Code § 34-215 — Idaho Code / Title 34 / Chapter 2 / Section 34-215
34-215 APPEALS BY AGGRIEVED PERSONS.
Status: in_force

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 or of a county clerk under any election law, may appeal therefrom to the district court for the county in which the act or failure to act occurred or in which the order, rule, regulation, directive or instruction was made or in which such person resides.

(2) Any party to the appeal proceedings in the district court under subsection (1) of this section may appeal from the decision of the district court to the supreme court.

(3) The district courts and supreme court, in their discretion, may give such precedence on their dockets to appeals under this section as the circumstances may require.

(4) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against any act or failure to act by the secretary of state or a county clerk under any election law or against any order, rule, regulation, directive or instruction made under the authority of the secretary of state or a county clerk under any election law.

History:

[34-215, added 1970, ch. 140, sec. 31, p. 351.]
Idaho Code § 34-1821 — Idaho Code / Title 34 / Chapter 18 / Section 34-1821
34-1821 FELONIOUS ACTS ENUMERATED.
Status: in_force

34-1821. Felonious acts enumerated. It shall be a felony for any person to offer, propose or threaten to do any act mentioned in this section of or concerning any petition mentioned in sections 34-1801—34-1822, for any pecuniary reward or consideration: (a) To offer, propose, threaten or attempt to sell, hinder or delay any petition or any part thereof or of any signatures thereon mentioned in sections 34-1801—34-1822; (b) To offer, propose, or threaten to desist, for a valuable consideration, from beginning, promoting or circulating any petition mentioned in sections 34-1801—34-1822, or soliciting signatures to any such petition; (c) To offer, propose, attempt or threaten in any manner or form to use any petition or power of promotion or opposition in any manner or form for extortion, blackmail or secret or private intimidation of any person or business interest.

History:

[34-1821, added 1933, ch. 210, sec. 21, p. 431.]
Idaho Code § 34-2009 — Idaho Code / Title 34 / Chapter 20 / Section 34-2009
34-2009 COMPLAINT — SPECIFIC ALLEGATIONS.
Status: in_force

34-2009. Complaint — Specific allegations. When the reception of illegal or the rejection of legal votes is alleged as a cause of contest, the names of the persons who so voted, or whose votes were rejected, if known, with the precinct, township or ward where they voted or offered to vote, shall be set forth in the complaint.

History:

[(34-2009) 1890-1891, p. 57, sec. 150; reen. 1899, p. 33, sec. 137; reen. R.C. & C.L., sec. 5034; C.S., sec. 7282; I.C.A., sec. 33-1709.]
Idaho Code § 34-1502 — Idaho Code / Title 34 / Chapter 15 / Section 34-1502
34-1502 ELECTION FOR PRESIDENTIAL ELECTORS.
Status: in_force

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 same shall be called and held, and the votes polled and canvassed, in all respects as at a general election, and the duties of the electors so elected shall be the same as prescribed by law for electors elected at a general election.

History:

[(34-1502) 1890-1891, p. 57, latter part of sec. 115; reen. 1899, p. 33, sec. 102; am. R.C. & C.L., sec. 460; C.S., sec. 644; I.C.A., sec. 33-1402.]
Idaho Code § 34-2426 — Idaho Code / Title 34 / Chapter 24 / Section 34-2426
34-2426 PUBLIC LOGIC AND ACCURACY TESTS.
Status: in_force

34-2426. public logic and accuracy tests. (1) Each county clerk shall hold a public logic and accuracy test prior to election day to demonstrate to the public that the vote tally system is accurately reading and tabulating votes cast. Each county clerk utilizing a voting machine shall conduct internal election setup testing to ensure electronic vote tally system functionality and accuracy.

(2) Public notice shall be published on the county's official website, if the county maintains a website, or shall be posted within the office of the county clerk at least ten (10) days prior to the commencement of the public test.

(3) The county clerk shall adopt procedures for testing that ensure the vote tally system can:

(a) Verify that each contest position and ballot style on the ballot can be voted and is accurately counted;

(b) Include overvotes and undervotes for each race, if applicable to the system being tested;

(c) Include write-in votes, when applicable to the election;

(d) Determine expected test outcomes depending on marking pattern applied;

(e) Produce a zero report during the logic and accuracy test to show that no ballots have been cast and no votes have been tabulated; and

(f) Allow the county clerk to observe the tabulation of all ballots and compare the actual results to the expected results.

(4) A logic and accuracy test is successful if the actual results are identical to the expected results. In the event a test produces different results from the expected results, the county clerk shall investigate the cause of the variance and repeat the test until accurate results are produced.

(5) Upon completion of a successful test, the county clerk shall declare the public logic and accuracy test complete.

History:

[34-2426, added 2024, ch. 260, sec. 12, p. 906.]
Idaho Code § 34-203 — Idaho Code / Title 34 / Chapter 2 / Section 34-203
34-203 ASSISTANCE AND ADVICE TO COUNTY CLERKS.
Status: in_force

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, registration of electors and voting procedures which by laws are under the direction and control of the county clerk.

History:

[34-203, added 1970, ch. 140, sec. 19, p. 351.]
Idaho Code § 34-103 — Idaho Code / Title 34 / Chapter 1 / Section 34-103
34-103 “SPECIAL ELECTION” DEFINED.
Status: in_force

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.

History:

[34-103, added 1970, ch. 140, sec. 3, p. 351; am. 1971, ch. 194, sec. 3, p. 881.]
Idaho Code § 34-2021 — Idaho Code / Title 34 / Chapter 20 / Section 34-2021
34-2021 FORM OF JUDGMENT.
Status: in_force

34-2021. Form of judgment. The judgment of the court in cases of contested election shall confirm or annul the election according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected or, in the alternative, order the office to be filled according to chapter 9, title 59, Idaho Code, or order a new election to be held at a time and place as determined by the court.

History:

[(34-2021) 1890-1891, p. 57, sec. 162; reen. 1899, p. 33, sec. 149; reen. R.C. & C.L., sec. 5046; C.S., sec. 7294; I.C.A., sec. 33-1721; am. 1982, ch. 209, sec. 8, p. 575.]
Idaho Code § 34-1013 — Idaho Code / Title 34 / Chapter 10 / Section 34-1013
34-1013 EARLY VOTING BALLOT SECURITY.
Status: in_force

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. Once an early voting plan has been approved by the secretary of state, the plan shall be approved for the entire election year, unless it is modified. Any modified plan shall be submitted to the secretary of state for approval. Once a plan is approved, the county clerk shall notify the secretary of state of the county's intent to use the early voting process prior to each election and before early voting begins.

(2) At a minimum, the following procedures must be followed:

(a) The ballot boxes used for casting early ballots shall remain locked and secured with a numbered seal until the time of tabulation on election day;

(b) A record shall be maintained consisting of the number of ballots issued by date and seal number of each ballot box used for early voting;

(c) Arrangements shall be made to have a deputy sheriff, police officer or bonded private security firm secure the location; and

(d) The actual counting of ballots shall not begin until election day, and the results shall not be released to the public until all voting places in the state have closed.

History:

[34-1013, added 2013, ch. 132, sec. 2, p. 303; am. 2018, ch. 155, sec. 1, p. 312.]