Idaho Code § 34-702 — Idaho Code / Title 34 / Chapter 7 / Section 34-702
34-702 REQUIREMENTS FOR WRITE-IN CANDIDATES AT PRIMARY.
Status: in_force

34-702. Requirements for write-in candidates at primary. (1) In addition to possessing all other qualifications, in order to become a candidate of a political party at the general election, those candidates whose names are written in at the primary election must:

(a) Receive at least the following number of write-in votes at the primary election:

(i) One thousand (1,000) for any statewide office;

(ii) Five hundred (500) for a congressional district office;

(iii) Fifty (50) for a legislative district office; or

(iv) Five (5) for a county office or a single countywide highway district office pursuant to section 40-1404A, Idaho Code; and

(b) File a declaration of intent for that office, pursuant to section 34-702A, Idaho Code.

(2) Candidates who are required to file with the secretary of state shall pay the filing fee required for that office no later than the deadline for filing a declaration of intent pursuant to section 34-702A, Idaho Code, or shall file a petition pursuant to section 34-626, Idaho Code.

(3) No write-ins shall be allowed for judicial office.

History:

[34-702, added 1970, ch. 140, sec. 106, p. 351; am. 1970, ch. 231, sec. 3, p. 643; am. 1976, ch. 60, sec. 1, p. 202; am. 1996, ch. 28, sec. 23, p. 75; am. 2020, ch. 69, sec. 1, p. 157; am. 2026, ch. 333, sec. 2, p. 1308.]
Idaho Code § 34-1114 — Idaho Code / Title 34 / Chapter 11 / Section 34-1114
34-1114 AFFIDAVIT IN LIEU OF PERSONAL IDENTIFICATION.
Status: in_force

34-1114. affidavit in lieu of personal identification. If a voter is not able to present personal identification as required in section 34-1113, Idaho Code, the voter may complete an affidavit in lieu of the personal identification. The affidavit shall be on a form prescribed by the secretary of state and shall require the voter to provide the voter's name, address, and either the voter's date of birth or the voter's Idaho driver's license or identification card number. The voter shall sign the affidavit. The judges of election shall verify the information against the voter registration records prior to issuing a ballot. Any person who knowingly provides false, erroneous, or inaccurate information on such affidavit shall be guilty of a felony.

History:

[34-1114, added 2010, ch. 246, sec. 3, p. 635; am. 2026, ch. 240, sec. 1, p. 1032.]
Idaho Code § 34-905A — Idaho Code / Title 34 / Chapter 9 / Section 34-905A
34-905A NONPARTISAN BALLOTS FOR ELECTION OF HIGHWAY DISTRICT COMMISSIONERS — PLURALITY REQUIRED FOR ELECTION.
Status: in_force

34-905A. Nonpartisan ballots for election of highway district commissioners — Plurality required for election. [effective until January 1, 2027] There shall be a single nonpartisan ballot for the election of highway district commissioners in each highway district. The ballot shall designate the highway district commissioners subdistrict and the names of all candidates for that office shall be listed thereon. The ballot shall also contain the words: "Vote for One," followed by the names of the candidates for the office. The candidate with the most votes shall be declared the successful candidate.

34-905A. Nonpartisan ballots for election of highway district commissioners — Plurality required for election. [effective January 1, 2027] There shall be a single nonpartisan ballot for the election of highway district commissioners in each highway district. The ballot shall designate the highway district commissioners subdistrict, and the names of all candidates for that office shall be listed thereon. The ballot shall also contain the words: "Vote for One," followed by the names of the candidates for the office. The candidate with the most votes shall be declared the successful candidate. The provisions of this section shall not apply to the election of commissioners of a single countywide highway district organized pursuant to chapter 14, title 40, Idaho Code.

History:

[34-905A, added 1972, ch. 345, sec. 2, p. 1013; am. 2026, ch. 333, sec. 12, p. 1313.]
Idaho Code § 34-1901 — Idaho Code / Title 34 / Chapter 19 / Section 34-1901
34-1901 NUMBER OF CONGRESSIONAL DISTRICTS.
Status: in_force

34-1901. Number of congressional districts. For the election of representatives in Congress, the state of Idaho is divided into two (2) congressional districts.

History:

[(34-1901) 1917, ch. 121, sec. 1, p. 408; compiled and reen. C.L. 6:1; C.S., sec. 66; I.C.A., sec. 33-1601.]
Idaho Code § 34-1819 — Idaho Code / Title 34 / Chapter 18 / Section 34-1819
34-1819 FALSE RETURN, CERTIFICATION OR AFFIDAVIT BY PUBLIC OFFICIAL UNLAWFUL.
Status: in_force

34-1819. False return, certification or affidavit by public official unlawful. It shall be unlawful for any public official or employee knowingly to make any false return, certification or affidavit concerning any petition mentioned in sections 34-1801—34-1822, or the signatures appended thereto.

History:

[34-1819, added 1933, ch. 210, sec. 19, p. 431.]
Idaho Code § 34-1111 — Idaho Code / Title 34 / Chapter 11 / Section 34-1111
34-1111 CHALLENGING VOTERS.
Status: in_force

34-1111. Challenging voters. In case any person offering to vote is challenged one (1) of the judges must declare the qualifications of an elector to such person. If the person so challenged then declares himself duly qualified, and the challenge is not withdrawn, one (1) of the judges shall then tender him the elector's oath, as prescribed by the secretary of state. No challenged elector shall have the right to vote until he has subscribed to the elector's oath. Upon a challenged elector's subscribing the elector's oath, he shall be entitled to vote.

History:

[34-1111, added 1970, ch. 140, sec. 183, p. 351.]
Idaho Code § 34-214 — Idaho Code / Title 34 / Chapter 2 / Section 34-214
34-214 NONCOMPLIANCE BY LOCAL COUNTY ELECTION OFFICIALS — ENFORCEMENT BY COUNTY CLERK.
Status: in_force

34-214. Noncompliance by local county election officials — Enforcement by county clerk. (1) Whenever it appears to a county clerk that any local election official in his county has failed to comply with any election law or any directive or instruction prepared and issued by the county clerk, the county clerk may issue an order to such local election official. The order shall specify in what manner the local election official has failed to comply, indicate the proper manner of compliance and direct the local election official to so comply with such law or directive or instruction within a designated reasonable time.

(2) If the local election official fails to comply as directed by the order of the county clerk, the county clerk may apply to a judge of the district court for the county in which the county clerk holds office for an order, returnable within five (5) days from the date thereof, to compel the local election official to comply with the order of the county clerk or to show cause why he should not be so compelled. Upon receipt of the application of the county clerk the judge shall issue the appropriate order, which shall be final. The judge shall dispose of the matter as soon as possible and not more than ten (10) days after his order is returned by the local election official.

(3) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against the non-complying local election official.

History:

[34-214, added 1970, ch. 140, sec. 30, p. 351.]
Idaho Code § 34-116 — Idaho Code / Title 34 / Chapter 1 / Section 34-116
34-116 CALENDAR DAYS USED IN COMPUTATION OF TIME.
Status: in_force

34-116. Calendar days used in computation of time. Calendar days shall be used in all computations of time made under the provisions of this act. In computing time for any act to be done before any election, the first day shall be included and the last, or election day, shall be excluded. Sundays, Saturdays and legal holidays shall be included, but if the time for any act to be done shall fall on Sunday, Saturday or a legal holiday, such act shall be done upon the day following such Sunday, Saturday or legal holiday.

History:

[34-116, added 1970, ch. 140, sec. 16, p. 351; am. 1995, ch. 215, sec. 1, p. 748.]
Idaho Code § 34-1805 — Idaho Code / Title 34 / Chapter 18 / Section 34-1805
34-1805 SPONSORS TO PRINT PETITION — NUMBER OF SIGNERS REQUIRED.
Status: in_force

34-1805. Sponsors to print petition — Number of signers required. (1) After the form of the initiative or referendum petition has been approved by the secretary of state as provided in sections 34-1801A through 34-1822, Idaho Code, the same shall be printed by the person or persons or organization or organizations under whose authority the measure is to be referred or initiated and circulated in the several counties of the state for the signatures of legal voters.

(2) Before such petitions shall be entitled to final filing and consideration by the secretary of state, there shall be affixed thereto the signatures of legal voters equal in number to not less than six percent (6%) of the qualified electors at the time of the last general election in each of the thirty-five (35) legislative districts.

History:

[34-1805, added 1933, ch. 210, sec. 5, p. 431; am. 1997, ch. 266, sec. 5, p. 759; am. 2007, ch. 202, sec. 7, p. 622; am. 2013, ch. 214, sec. 3, p. 504; am. 2021, ch. 255, sec. 1, p. 786.]
Idaho Code § 34-2014 — Idaho Code / Title 34 / Chapter 20 / Section 34-2014
34-2014 TESTIMONY — SUBPOENA FOR WITNESSES.
Status: in_force

34-2014. Testimony — Subpoena for witnesses. The testimony may be oral, or by depositions taken pursuant to the Idaho Rules of Civil Procedure. Subpoenas for witnesses may be issued pursuant to the Idaho Rules of Civil Procedure.

History:

[(34-2014) 1890-1891, p. 57, sec. 155; reen. 1899, p. 33, sec. 142; reen. R.C. & C.L., sec. 5039; C.S., sec. 7287; I.C.A., sec. 33-1714; am. 1982, ch. 209, sec. 5, p. 574.]
Idaho Code § 34-2214 — Idaho Code / Title 34 / Chapter 22 / Section 34-2214
34-2214 FEDERAL STATUTE TO CONTROL.
Status: in_force

34-2214. Federal statute to control. If at or about the time of submitting any such amendment, Congress shall either in the resolution submitting the same or by statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the provisions of such statute or resolution such states as may theretofore have provided for constituting such conventions, the preceding provisions of this act shall be inoperative, the convention shall be constituted and shall operate as the said resolution or Act of Congress shall direct, and all officers of the state who may by the said resolution or statute be authorized or directed to take any action to constitute such a convention for this state are hereby authorized and directed to act thereunder and in obedience thereto with the same force and effect as if acting under a statute of this state.

History:

[34-2214, added 1933, ch. 179, sec. 14, p. 328.]
Idaho Code § 34-1204 — Idaho Code / Title 34 / Chapter 12 / Section 34-1204
34-1204 TRANSMISSION OF SUPPLIES TO COUNTY CLERK.
Status: in_force

34-1204. Transmission of supplies to county clerk. After the counting of the votes, the judges of the election shall enclose and seal the combination election record and poll book, tally books, all ballot stubs, unused ballot books, and other supplies in a suitable container and deliver them to the county clerk's office. If the office of the county clerk is closed, the articles shall be delivered to the sheriff or one (1) of his deputies who shall deliver them to the county clerk no later than the day after the election.

History:

[34-1204, added 1970, ch. 140, sec. 188, p. 351; am. 1972, ch. 193, sec. 1, p. 480.]
Idaho Code § 34-413 — Idaho Code / Title 34 / Chapter 4 / Section 34-413
34-413 REREGISTRATION OF ELECTOR WHO CHANGES RESIDENCE.
Status: in_force

34-413. Reregistration of elector who changes residence. An elector who moves to another county within the state or to another state within thirty (30) days prior to any election shall be permitted to vote in the ensuing election by absentee ballot or at the polling place assigned to the elector's prior address.

History:

[34-413, added 1970, ch. 140, sec. 48, p. 351; am. 1972, ch. 392, sec. 5, p. 1131; am. 1977, ch. 15, sec. 1, p. 32; am. 1982, ch. 137, sec. 3, p. 389; am. 1983, ch. 213, sec. 1, p. 590; am. 1995, ch. 215, sec. 9, p. 751; am. 2019, ch. 96, sec. 4, p. 346.]
Idaho Code § 34-2121 — Idaho Code / Title 34 / Chapter 21 / Section 34-2121
34-2121 JURISDICTION OVER PRIMARY CONTESTS.
Status: in_force

34-2121. JURISDICTION OVER PRIMARY CONTESTS. A district court in the respective legislative district has jurisdiction over the primary contest involving a legislative election. For election contests involving statewide executive offices, the district court whose jurisdiction includes the state capitol has jurisdiction.

History:

[34-2121, added 2017, ch. 293, sec. 2, p. 774.]
Idaho Code § 34-2203 — Idaho Code / Title 34 / Chapter 22 / Section 34-2203
34-2203 ASCERTAINMENT AND CERTIFICATION OF RESULTS — GENERAL ELECTION LAWS APPLICABLE.
Status: in_force

34-2203. Ascertainment and certification of results — General election laws applicable. Except as in this act otherwise provided, such election shall be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of presidential electors in this state, and all the provisions of the laws of this state relative to general elections, except in so far as inconsistent with sections 34-2201—34-2216, are hereby made applicable to such election.

History:

[34-2203, added 1933, ch. 179, sec. 3, p. 328.]
Idaho Code § 34-2307 — Idaho Code / Title 34 / Chapter 23 / Section 34-2307
34-2307 WHEN GENERAL RECOUNT ORDERED.
Status: in_force

34-2307. When general recount ordered. If the candidate or person who requested the recount is relieved of the costs of the recount as described in section 34-2306, Idaho Code, the attorney general, or the county prosecuting attorney for district offices, shall require a recount to be made in all the remaining precincts of the office in question. The state shall pay for a general recount of a federal, state, or legislative district office, while the county shall pay for a general recount of a county, city or district office.

History:

[34-2307, added 1985, ch. 41, sec. 6, p. 86; am. 2011, ch. 285, sec. 21, p. 786; am. 2012, ch. 211, sec. 11, p. 578.]
Idaho Code § 34-2110 — Idaho Code / Title 34 / Chapter 21 / Section 34-2110
34-2110 EXAMINATION OF WITNESSES — SUBPOENAS.
Status: in_force

34-2110. EXAMINATION OF WITNESSES — SUBPOENAS. Unless otherwise provided for in legislative rule, the following provisions apply:

(1) Examination of witnesses. Unless otherwise ordered by the presiding officer or his designee, any party may take the testimony of any person by deposition upon oral examination pursuant to the provisions of the Idaho rules of civil procedure. Depositions must be transcribed in writing. Any other form of deposition must be approved by the presiding officer or his designee. All testimony and discovery must be completed on or before December 29 following the election. The completed record must be delivered to the office of the secretary of state no later than the close of business on the next business day following December 29.

(2) (a) Subpoenas and subpoenas duces tecum. An election contest held pursuant to the provisions of this chapter is not a judicial proceeding. The principles of rule 45 of the Idaho rules of civil procedure, however, must be used as a framework for the form, content, issuance and service of subpoenas. Every subpoena and subpoena duces tecum must reasonably approximate the form found in appendix B of the Idaho rules of civil procedure.

(b) Unless prevented by sickness or unavoidable necessity, any person who has been summoned in the manner provided for in this section and refuses or neglects to attend and testify:

(i) Forfeits the sum of twenty dollars ($20.00), to be recovered by the party at whose instance the subpoena was issued; and

(ii) Is guilty of a misdemeanor.

(c) Every witness who provides testimony pursuant to a subpoena provided for in this chapter is entitled to receive the witness fees as allowed under the Idaho rules of civil procedure.

History:

[34-2110, added 2017, ch. 293, sec. 2, p. 770.]
Idaho Code § 34-1707 — Idaho Code / Title 34 / Chapter 17 / Section 34-1707
34-1707 SUFFICIENCY OF PETITION — NOTIFICATION — EFFECT OF RESIGNATION — SPECIAL ELECTION.
Status: in_force

34-1707. Sufficiency of petition — Notification — Effect of resignation — Special election. (1) In the event that a petition filed with the secretary of state is found by the secretary of state to contain the required number of certified signatures, the secretary of state shall promptly provide written notice to the officer being recalled and the petitioner that the recall petition is in proper form. If the officer being recalled is the secretary of state, the governor shall also be notified.

(a) If the officer being recalled resigns his office within five (5) business days after notice from the secretary of state, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law.

(b) If the officer being recalled does not resign his office within five (5) business days after notice from the secretary of state, a special election shall be ordered by the secretary of state, unless he is the officer being recalled, in which event the governor shall order such special election. The special election must be held on the date prescribed in section 34-106, Idaho Code. If the officer being recalled is one (1) specified in section 34-1701(1)(a), Idaho Code, the special election shall be conducted statewide. If the officer being recalled is one (1) specified in section 34-1701(1)(b), Idaho Code, the special election shall be conducted only in the legislative district.

(2) In the event that a petition filed with the county clerk is found by the county clerk to contain the required number of certified signatures, the county clerk shall promptly provide written notice to the officer being recalled and the petitioner that the recall petition is in proper form. If the officer being recalled is the county clerk, the secretary of state shall also be notified.

(a) If the officer being recalled resigns his office within five (5) business days after notice from the county clerk, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law.

(b) If the officer being recalled does not resign his office within five (5) business days after notice from the county clerk, a special election shall be ordered by the county clerk, unless the county clerk is the officer being recalled, in which event the secretary of state shall order the special election. The special election must be held on the date prescribed in section 34-106, Idaho Code. The special election shall be conducted countywide.

(3) In the event that a petition filed with the county clerk concerning the recall of an official of a city or special district is found by the county clerk to contain the required number of certified signatures, the county clerk shall promptly provide written notice to the officer being recalled, the petitioner, and the governing board of the city or special district that the recall petition is in proper form.

(a) If the officer being recalled resigns his office within five (5) business days after notice from the county clerk, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law.

(b) If the officer being recalled does not resign his office within five (5) business days after notice from the county clerk, a special election shall be ordered by the county clerk. The special election must be held on the date prescribed in section 34-106, Idaho Code. The election shall be conducted by the county clerk in the manner provided in section 34-1401, Idaho Code.

(4) In the event that a petition is found not to have the required number of signatures, the officer shall continue in office and no new recall petition may be circulated for a period of ninety (90) days against the same officer.

History:

[34-1707, added 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 4, p. 309; am. 1989, ch. 344, sec. 2, p. 869; am. 1993, ch. 313, sec. 13, p. 1163; am. 1994, ch. 54, sec. 6, p. 95; am. 1995, ch. 266, sec. 5, p. 854; am. 2004, ch. 164, sec. 4, p. 537; am. 2012, ch. 211, sec. 9, p. 577; am. 2013, ch. 135, sec. 8, p. 313; am. 2020, ch. 81, sec. 1, p. 172; am. 2021, ch. 325, sec. 8, p. 996.]
Idaho Code § 34-1112 — Idaho Code / Title 34 / Chapter 11 / Section 34-1112
34-1112 HANDBOOK OF ELECTOR'S QUALIFICATIONS.
Status: in_force

34-1112. Handbook of elector's qualifications. The secretary of state shall prepare a handbook which sets forth the qualifications of an elector which shall aid the judges of election to determine whether a person is qualified to vote at the election.

A sufficient number of these handbooks shall be transmitted to each county clerk who shall provide each polling place with a sufficient number of copies.

History:

[34-1112, added 1970, ch. 140, sec. 184, p. 351; am. 1972, ch. 349, sec. 5, p. 1033.]
Idaho Code § 34-2017 — Idaho Code / Title 34 / Chapter 20 / Section 34-2017
34-2017 VOTERS TO TESTIFY AS TO QUALIFICATIONS.
Status: in_force

34-2017. Voters to testify as to qualifications. (a) The court may require any person called as a witness, who voted at such election, to answer touching his qualifications as a voter; and if he was not a qualified voter in the county where he voted, then to answer for whom he voted; and if the witness answer such questions no part of his testimony on that trial shall be used against him in any criminal action.

(b) No testimony shall be received as to any illegal votes unless the party contesting the election delivers to the opposing party at least three (3) days before trial, a written list of the number of illegal votes and by whom given, which he intends to prove on such trial. No testimony shall be received as to any illegal votes, except as to such as are specified in this list.

History:

[(34-2017) 1890-1891, p. 57, sec. 158; reen. 1899, p. 33, sec. 145; reen. R.C. & C.L., sec. 5042; C.S., sec. 7290; I.C.A., sec. 33-1717; am. 1982, ch. 209, sec. 6, p. 575.]
Idaho Code § 34-307 — Idaho Code / Title 34 / Chapter 3 / Section 34-307
34-307 PRECINCT BOUNDARIES MAINTAINED.
Status: in_force

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

History:

[34-307, added 1998, ch. 276, sec. 1, p. 907.]
Idaho Code § 34-2036 — Idaho Code / Title 34 / Chapter 20 / Section 34-2036
34-2036 COST ON APPEAL.
Status: in_force

34-2036. Cost on appeal. The appellant shall file a bond sufficient to cover the cost of appeal of a primary contest. Costs shall be awarded to the prevailing party on appeal. The amount of the bond on appeal shall be set by the court.

History:

[34-2036, added 1982, ch. 209, sec. 18, p. 578.]
Idaho Code § 34-2417 — Idaho Code / Title 34 / Chapter 24 / Section 34-2417
34-2417 NOTICE OF LOCATIONS OF VOTING MACHINES AND POLLING PLACES.
Status: in_force

34-2417. Notice of locations of voting machines and polling places. Before preparing the voting machines or vote tally systems for any election, the county clerk shall mail to the chairman of the county or legislative district central committees of each political party who has notified such clerk that notice is desired, a written notice stating the time and place or places where voting machines or vote tally systems will be prepared for the election. At such times and places, one (1) representative of each political party is entitled to be present and see that the machines or vote tally systems are properly prepared and placed in proper condition and order for use at the election. In nonpartisan elections each candidate may designate one (1) representative who has the same powers as the political party representatives. The political party and candidate representatives shall certify that they have witnessed the testing and preparation of the machines or vote tally systems. The certificates shall be filed in the office of the county clerk.

History:

[34-2417, added 1970, ch. 140, sec. 148, p. 351.]
Idaho Code § 34-2113 — Idaho Code / Title 34 / Chapter 21 / Section 34-2113
34-2113 EXAMINATION OF POLL BOOKS AND BALLOTS.
Status: in_force

34-2113. EXAMINATION OF POLL BOOKS AND BALLOTS. (1) Except as provided in subsection (2) of this section, if, at the time of taking depositions to be used in a contested election, the notice of contest alleges that it is necessary for the determination of the contest that the ballots or the poll books of any election district or districts should be inspected, then, on the request of either party to the contest, the presiding officer may issue an order requiring the county auditor, or other person in whose custody or possession the ballots or poll books may be, naming the district or districts mentioned in the notice, to deliver them to the person or persons issuing the order. The officer or officers must transmit the ballots or poll books to the secretary of state, who must preserve the same unopened until the meeting of the legislature.

(2) Any order issued pursuant to subsection (1) of this section must not be executed until after the time has lapsed for the filing of:

(a) An election contest provided for in chapter 20 of this title; or

(b) A recount filed as provided for in chapter 23 of this title.

(c)(i) If more than one (1) election contest is filed pursuant to chapter 20 or 21 of this title that implicate the same ballots or poll books, or part of the same ballots or poll books, the office of the secretary of state and the appropriate county auditor, or other person in whose custody or possession the ballots or poll books may be, must agree to a process for the examination of ballots or poll books that reasonably accommodates each contest filed.

(ii) If one (1) or more election contests are filed pursuant to chapter 20 or 21 of this title and one (1) or more recounts of ballots are filed pursuant to chapter 23 of this title, and if the election contests and the recounts of ballots implicate the same ballots or poll books, or part of the same ballots or poll books, the office of the secretary of state, the office of the attorney general and the appropriate county auditor or other person in whose custody or possession the ballots or poll books may be must agree to a process for the examination of ballots or poll books that reasonably accommodates each contest filed and each recount of ballots filed.

History:

[34-2113, added 2017, ch. 293, sec. 2, p. 771.]
Idaho Code § 34-740 — Idaho Code / Title 34 / Chapter 7 / Section 34-740
34-740 RULES.
Status: in_force

34-740. Rules. The secretary of state as chief election officer may adopt such rules as are necessary to facilitate the operation, accomplishment and purpose of this chapter.

History:

[34-740, added 1975, ch. 174, sec. 10, p. 469; am. 2015, ch. 292, sec. 7, p. 1170.]
Idaho Code § 34-1403 — Idaho Code / Title 34 / Chapter 14 / Section 34-1403
34-1403 CONDUCT OF ELECTIONS.
Status: in_force

34-1403. Conduct of elections. All elections conducted in this state on behalf of each political subdivision within the county shall be conducted in a uniform manner with regard to the qualifications of electors and shall be conducted on the dates as provided by law. In the event that a statute governing a political subdivision provides for qualifications more restrictive than the qualifications for an elector in section 34-402, Idaho Code, the election official of the district shall provide an elector's oath to be executed at the time of the election certifying to the elector's qualifications for the specific election.

History:

[34-1403, added 1992, ch. 176, sec. 4, p. 556; am. 1993, ch. 313, sec. 6, p. 1160.]
Idaho Code § 34-1206 — Idaho Code / Title 34 / Chapter 12 / Section 34-1206
34-1206 BOARD'S STATEMENT OF VOTES CAST.
Status: in_force

34-1206. Board's statement of votes cast. The board shall examine and make a statement of the total number of votes cast for all candidates or special questions that shall have been voted upon at the election. The statement shall set forth the special questions and the names of the candidates for whom the votes have been cast. It shall also include the total number of votes cast for each candidate for office by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code, and the total number of affirmative and negative votes cast for any special question by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code. The board shall certify that such statement is true, subscribe their names thereto, and deliver it to the county clerk.

History:

[34-1206, added 1970, ch. 140, sec. 190, p. 351; am. 2012, ch. 211, sec. 7, p. 576.]
Idaho Code § 34-1701 — Idaho Code / Title 34 / Chapter 17 / Section 34-1701
34-1701 OFFICERS SUBJECT TO RECALL.
Status: in_force

34-1701. Officers subject to recall. The following public officers, whether holding their elective office by election or appointment, and none other, are subject to recall:

(1) State officers:

(a) The governor, lieutenant-governor, secretary of state, state controller, state treasurer, attorney general, and superintendent of public instruction;

(b) Members of the state senate, and members of the state house of representatives.

(2) County officers:

(a) The members of the board of county commissioners, sheriff, treasurer, assessor, prosecuting attorney, clerk of the district court, and coroner.

(3) City officers:

(a) The mayor;

(b) Members of the city council.

(4) Special district elected officers for whom recall procedure is not otherwise provided by law.

History:

[I.C., sec. 34-1701, as added by 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 1, p. 302; am. 1994, ch. 181, sec. 3, p. 577; am. 1995, ch. 266, sec. 1, p. 849.]
Idaho Code § 34-909 — Idaho Code / Title 34 / Chapter 9 / Section 34-909
34-909 GENERAL ELECTION SAMPLE BALLOTS FORWARDED TO COUNTIES BY SECRETARY OF STATE.
Status: in_force

34-909. General election sample ballots forwarded to counties by secretary of state. (1) The secretary of state, no later than September 7, shall provide the necessary general election sample ballot layout to each of the county clerks.

(2) The sample ballot layout shall contain the proper office titles, order of offices and ballot layout for the general election, with instructions for placement of candidates seeking election for federal, state, legislative, county and precinct offices and candidates seeking judicial office or retention. If a county is within more than one (1) legislative district, the secretary of state shall provide instructions on the requirements for a separate ballot for each legislative district that is within the county.

(3) The secretary of state shall certify to the county clerks the names and political party of the candidates qualified for placement on the general election ballot for all federal, state and legislative district offices on the sample ballots, along with any judicial candidates, by no later than the ninth Friday prior to the general election.

(4) The secretary of state shall certify the name of a candidate being appointed by the appropriate central committee as provided by section 34-715, Idaho Code, by no later than the next business day after the appointment is received in the secretary of state's office, if received after the certification of candidates to the county clerks under subsection (3) of this section.

History:

[34-909, added 1970, ch. 140, sec. 199, p. 351; am. 1976, ch. 60, sec. 12, p. 207; am. 1984, ch. 131, sec. 5, p. 306; am. 1985, ch. 42, sec. 6, p. 90; am. 2019, ch. 96, sec. 9, p. 347.]
Idaho Code § 34-1801C — Idaho Code / Title 34 / Chapter 18 / Section 34-1801C
34-1801C INITIATIVE AND REFERENDUM PROCEDURES FOR COUNTIES.
Status: in_force

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

(1) The county prosecuting attorney shall perform the duties assigned to the attorney general.

(2) The county clerk shall perform those duties assigned to the secretary of state.

(3) County initiative and referendum elections shall be held pursuant to section 34-106(8), Idaho Code.

(4) Pursuant to section 34-1809, Idaho Code, the county prosecuting attorney shall prepare recommendations concerning revision of the initiative or referendum, issue a certificate of review to the county clerk and prepare the ballot title and short title.

(5) An action brought pursuant to section 34-1809, Idaho Code, challenging the ballot title or short title shall be brought in the district court of the county.

(6) To be eligible to sign a petition for county initiative or referendum, a person shall be a qualified elector of the county at the time of signing the petition.

(7) To perfect a petition for county initiative or referendum, the petition shall have signatures from at least twenty percent (20%) of the total number of qualified electors voting in the last general county election in November of an even-numbered year.

(8) The provisions of section 34-1805, Idaho Code, relating to the number of required signatures and geographic distribution of signatures shall not apply to a county initiative or referendum.

(9) Any person who circulates a petition for county initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age, and pursuant to section 34-1807, Idaho Code, shall certify his belief that each signer of the petition is a qualified elector of the state of Idaho and the county.

(10) A copy of all petitions and signature sheets shall be kept by the county clerk as a public record.

(11) The prospective petition for referendum, as provided by section 34-1804, Idaho Code, shall be filed no more than sixty (60) days following publication of the adopted ordinance as provided by section 31-715, Idaho Code.

(12) Petitioners must submit the signed initiative or referendum petitions to the county clerk for verification no later than one hundred eighty (180) days after the petitioners receive the official ballot title from the county clerk, or one hundred eighty (180) days before the election at which the initiative or referendum is to be voted on, whichever is earlier.

(13) The county clerk has sixty (60) calendar days to verify the signatures as provided in section 34-1802(3), Idaho Code.

(14) The board of county commissioners shall have the option to adopt the ordinance proposed by initiative within thirty (30) days after the notification pursuant to section 34-1807, Idaho Code, provided that the petition has the required number of signatures. The board of county commissioners shall hold a public hearing on the proposed ordinance within the thirty (30) day period, preceded by legal notice published once in the county at least seven (7) days preceding the hearing. If the ordinance is not adopted by the board of county commissioners by the end of the thirty (30) day period, the initiative shall be put on the ballot.

(15) As provided by sections 34-1812A through 34-1812C, Idaho Code, a voters' pamphlet shall be prepared by the county clerk.

(16) To be passed into law, an initiative or referendum shall be approved by a majority of the votes cast on the measure.

(17) The board of county commissioners shall issue the proclamation provided by section 34-1813, Idaho Code.

(18) The county clerk shall publish an ordinance adopted by initiative or referendum within thirty (30) days after the proclamation by the board of county commissioners provided in subsection (17) of this section.

(19) All county ordinances setting forth initiative or referendum procedures are void on July 1, 2018.

(20) This section does not apply to bond elections.

(21) This section does not apply to zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67, Idaho Code.

History:

[34-1801C, added 2018, ch. 238, sec. 4, p. 560.]
Idaho Code § 34-302 — Idaho Code / Title 34 / Chapter 3 / Section 34-302
34-302 DESIGNATION OF PRECINCT POLLING PLACES — LIMITATION OF LIABILITY.
Status: in_force

34-302. Designation of precinct polling places — Limitation of Liability. (1) The board shall, by the fifth Friday before any election, designate a suitable polling place for each election precinct. Insofar as possible, the board shall designate the same polling place for the general election that it designated for the primary election. The physical arrangements of the polling place shall be sufficient to guarantee all voters the right to cast a secret ballot. Public school facilities shall be made available to the board as precinct polling places. All polling places designated as provided herein shall conform to the accessibility standards adopted by the secretary of state pursuant to the voting accessibility for the elderly and handicapped act, 52 U.S.C. 20101 et seq. The expense of providing such polling places shall be a public charge and paid out of the county treasury.

(2) An owner of a property who either directly or indirectly invites or permits without charge any person to use such property as a polling place owes no duty of care to keep the property safe for entry by others for polling purposes or to give any warning of a dangerous condition, use, structure, or activity on such land to persons entering for polling purposes. The installation of a sign or other form of warning of a dangerous condition, use, structure, or activity; any modification made for the purpose of improving the safety of others; or the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety shall not create liability on the part of an owner of property where there is no other basis for such liability. Additionally, such owner of a property does not, by permitting such use as a polling place:

(a) Extend any assurance that the property is safe for any purpose;

(b) Confer on any person entering on such owner's property the legal status of an invitee or licensee to whom a duty of care is owed; or

(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of any person entering on such owner's property.

History:

[34-302, added 1970, ch. 140, sec. 33, p. 351; am. 1973, ch. 304, sec. 2, p. 646; am. 1978, ch. 38, sec. 1, p. 67; am. 1985, ch. 115, sec. 2, p. 238; am. 2019, ch. 96, sec. 2, p. 345; am. 2019, ch. 283, sec. 1, p. 824; am. 2026, ch. 288, sec. 1, p. 1205.]
Idaho Code § 34-2116 — Idaho Code / Title 34 / Chapter 21 / Section 34-2116
34-2116 OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE.
Status: in_force

34-2116. OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE. (1) Unless otherwise provided by legislative rule, the papers relating to any contest of election must be opened only in the presence of the body as directed by the presiding officer. Except as provided in subsection (2) of this section or unless otherwise provided for by legislative rule, the papers must remain in the custody of the presiding officer or his designee until the election contest is decided. Upon a final decision by the body, the provisions of section 34-2117, Idaho Code, governing preservation of evidence will apply.

(2) Appointment of committee. The presiding officer may appoint a standing or special committee to hear the contest of election.

(a) The chairman of the committee will act as the temporary custodian of the papers. The presiding officer, or his designee, has discretion to deliver to the committee chairman all papers delivered to the presiding officer by the secretary of state or a portion of those papers. The committee chairman, or his designee, is authorized to efficiently manage or organize the papers.

(b) Upon conclusion of hearing the contest, the committee will report to the body its recommendation on the contest. The body must vote on the committee report. Upon the body's vote on the report, the committee chairman must return the papers to the presiding officer, who will preserve the evidence as provided in section 34-2117, Idaho Code.

History:

[34-2116, added 2017, ch. 293, sec. 2, p. 772.]
Idaho Code § 34-2018 — Idaho Code / Title 34 / Chapter 20 / Section 34-2018
34-2018 INSPECTION OF BALLOTS AND POLL BOOKS.
Status: in_force

34-2018. Inspection of ballots and poll books. If an inspection of the ballots or poll books of any election district in this state shall become necessary for the determination of any election contest before any court, the presiding judge thereof may, by order naming the district or districts, require the proper officer to procure the same from the county auditor, or other person in whose possession or custody the same may be, and such clerk or person shall deliver the same to said officer, who shall deliver them unopened to such presiding judge.

History:

[(34-2018) 1890-1891, p. 57, sec. 159; reen. 1899, p. 33, sec. 146; reen. R.C. & C.L., sec. 5043; C.S., sec. 7291; I.C.A., sec. 33-1718.]
Idaho Code § 34-603 — Idaho Code / Title 34 / Chapter 6 / Section 34-603
34-603 CERTIFICATION OF A PROPOSED CONSTITUTION, CONSTITUTIONAL AMENDMENT OR OTHER QUESTION TO BE SUBMITTED TO THE PEOPLE FOR VOTE.
Status: in_force

34-603. Certification of a proposed constitution, constitutional amendment or other question to be submitted to the people for vote. Whenever a proposed constitution, constitutional amendment or other question is to be submitted to the people of the state for popular vote, it shall be certified by the secretary of state to the county clerks not later than September 7 in the year in which it will be voted upon. It shall be published in the form prescribed by the secretary of state.

History:

[34-603, added 1970, ch. 140, sec. 83, p. 351; am. 1973, ch. 304, sec. 6, p. 646; am. 1984, ch. 131, sec. 2, p. 306; am. 1985, ch. 42, sec. 2, p. 89.]
Idaho Code § 34-1215 — Idaho Code / Title 34 / Chapter 12 / Section 34-1215
34-1215 CERTIFICATES OF ELECTION TO FEDERAL, STATE AND DISTRICT OFFICES AFTER GENERAL ELECTION.
Status: in_force

34-1215. Certificates of election to federal, state and district offices after general election. Immediately after the general election canvass, the secretary of state shall issue certificates of election to the federal, state and district candidates who received the highest number of votes for the particular office and they shall be considered duly elected to assume the duties of the office for the next ensuing term.

History:

[34-1215, added 1970, ch. 140, sec. 200, p. 351.]
Idaho Code § 34-1201 — Idaho Code / Title 34 / Chapter 12 / Section 34-1201
34-1201 CANVASS OF VOTES.
Status: in_force

34-1201. Canvass of votes. (1) When the polls are closed, the judges must immediately proceed to count the ballots cast at such election. The counting must be continued without adjournment until completed and the result declared.

(2) If the precinct has duplicate ballot boxes, the counting may begin after five (5) ballots have been cast. At this time, the additional clerks shall close the first ballot box and retire to the counting area and count the ballots. Upon completion of this counting, the clerks shall return the ballot box and then proceed to count all of the ballots cast in the second box during this period. This counting shall continue until the polls are closed, at which time all election personnel shall complete the counting of the ballots.

(3) The county clerk may designate paper ballots be returned to a central count location for counting by special counting boards. If the paper ballots are to be counted at a central count location, a procedure may be adopted to deliver the voted ballots to the county clerk prior to the closing of the polls. The results of this early count shall not be released to the public until after 8:00 p.m. of election day.

(4) After being counted, all ballots shall be sealed and stored until such time as the recount period has passed or a recount has been completed. Ballots may be unsealed and resealed as part of a postelection audit conducted pursuant to section 34-1203A, Idaho Code.

History:

[34-1201, added 1970, ch. 140, sec. 185, p. 351; am. 2011, ch. 285, sec. 11, p. 783; am. 2020, ch. 78, sec. 1, p. 168; am. 2022, ch. 32, sec. 1, p. 89.]
Idaho Code § 34-202 — Idaho Code / Title 34 / Chapter 2 / Section 34-202
34-202 SECRETARY OF STATE TO DISTRIBUTE COMPREHENSIVE DIRECTIVES AND INSTRUCTIONS RELATING TO ELECTION LAWS TO ALL COUNTY CLERKS.
Status: in_force

34-202. Secretary of state to distribute comprehensive directives and instructions relating to election laws to all county clerks. In carrying out his responsibility under section 34-201, Idaho Code, the secretary of state shall cause to be prepared and distributed to each county clerk detailed and comprehensive written directives and instructions relating to and based upon the election laws as they apply to elections, registration of electors and voting procedures which by law are under the direction and control of the county clerk. Such directives and instructions shall include sample forms of ballots, papers, documents, records and other materials and supplies required by such election laws. The secretary of state shall develop and provide to each county clerk instructions and standards for the verification, acceptance, and rejection of elector signatures for any process requiring signature verification. The secretary of state shall prescribe a form for voter registration cards based on the voter registration laws and, from time to time, shall cause to be prepared and distributed to each county clerk such written corrections of such directives and instructions and of the form for registration cards as are necessary to maintain uniformity in the application, operation and interpretation of and to reflect changes in the election laws. Each county clerk affected thereby shall comply with such directives and instruction, and corrections thereof, and shall provide voter registration cards prepared in accordance with the prescribed form.

History:

[34-202, added 1970, ch. 140, sec. 18, p. 351; am. 2021, ch. 262, sec. 1, p. 807.]
Idaho Code § 34-411A — Idaho Code / Title 34 / Chapter 4 / Section 34-411A
34-411A PRIMARY ELECTIONS — CHANGING PARTY AFFILIATION — UNAFFILIATED ELECTORS.
Status: in_force

34-411A. Primary elections — CHANGING PARTY AFFILIATION — unaffiliated electors. (1) For a primary election an elector may change such elector's political party affiliation or become unaffiliated by filing a signed form with the county clerk no later than the last day a candidate may file for partisan political office prior to such primary election, as provided for in section 34-704, Idaho Code. An unaffiliated elector may affiliate with the party of the elector's choice by filing a signed form up to and including election day. The application form described in section 34-1002, Idaho Code, shall also be used for this purpose.

(2) For a primary election, an unaffiliated elector may select a political party affiliation only prior to voting in the primary election. An elector may make such selection on or before election day by declaring such political party affiliation to the poll worker or other appropriate election personnel. The poll worker or other appropriate election personnel shall then record in the poll book the elector's choice. After the primary election, the county clerk shall record the party affiliation so recorded in the poll book as part of such elector's record within the voter registration system as provided for in section 34-437A, Idaho Code.

History:

[34-411A, added 2011, ch. 319, sec. 6, p. 932; am. 2012, ch. 211, sec. 4, p. 574; am. 2020, ch. 55, sec. 1, p. 136; am. 2023, ch. 208, sec. 3, p. 576.]
Idaho Code § 34-602 — Idaho Code / Title 34 / Chapter 6 / Section 34-602
34-602 PUBLICATION OF NOTICES FOR PRIMARY, GENERAL OR SPECIAL ELECTIONS — CONTENTS.
Status: in_force

34-602. Publication of notices for primary, general or special elections — Contents. The several county clerks shall publish at least two (2) times, the notices for any primary, general or special election. The notice shall state the date of the election, the polling place in each precinct and the hours during which the polls shall be open for the purpose of voting, and information about the accessibility of the polling places.

The first notice shall be published at least twelve (12) days prior to any election and the second notice shall be published not later than five (5) days prior to the election. The notice of election shall be published in at least two (2) newspapers published within the county, but if this is not possible, the notice shall be published in one (1) newspaper published within the county or a newspaper which has general circulation within the county.

The second notice of election shall be accompanied by a facsimile, except as to size, of the sample ballot for the election.

History:

[34-602, added 1970, ch. 140, sec. 82, p. 351; am. 2004, ch. 112, sec. 1, p. 385; am. 2009, ch. 341, sec. 58, p. 1032.]
Idaho Code § 34-2019 — Idaho Code / Title 34 / Chapter 20 / Section 34-2019
34-2019 BALLOTS AND POLL BOOKS — RETURN TO COUNTY AUDITOR.
Status: in_force

34-2019. Ballots and poll books — Return to county auditor. The presiding officer shall open and inspect the same in open court, in the presence of the parties or their attorneys, and immediately after such inspection shall again seal them in an envelope and return them, by mail or otherwise, to the office of the county auditor in which they were at first required to be filed.

History:

[(34-2019) 1890-1891, p. 57, sec. 160; reen. 1899, p. 33, sec. 147; reen. R.C. & C.L., sec. 5044; C.S., sec. 7292; I.C.A., sec. 33-1719.]
Idaho Code § 34-1809 — Idaho Code / Title 34 / Chapter 18 / Section 34-1809
34-1809 REVIEW OF INITIATIVE AND REFERENDUM MEASURES BY ATTORNEY GENERAL — CERTIFICATE OF REVIEW PREREQUISITE TO ASSIGNMENT OF BALLOT TITLE — BALLOT TITLE — JUDICIAL REVIEW.
Status: in_force

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

(a) The attorney general may confer with the petitioner and shall, within twenty (20) working days from receipt thereof, review the proposal for matters of substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate.

(b) The recommendations of the attorney general shall be advisory only and the petitioner may accept or reject them in whole or in part.

(c) The attorney general shall issue a certificate of review to the secretary of state certifying that he has reviewed the measure for form and style and that the recommendations thereon, if any, have been communicated to the petitioner, and such certificate shall be issued whether or not the petitioner accepts such recommendations. The certificate of review shall be available for public inspection in the office of the secretary of state.

(2) Within fifteen (15) working days after the issuance of the certificate of review, the petitioner, if he desires to proceed with his sponsorship, shall file the measure, as herein provided, with the secretary of state for assignment of a ballot title, and the secretary of state shall thereupon submit to the attorney general two (2) copies of the measure filed.

(a) Within ten (10) working days after receiving copies of the petition, the attorney general shall provide ballot titles as provided for in this subsection and return one (1) copy of the petition to the secretary of state, with its ballot title.

(b) A copy of the ballot title as prepared by the attorney general shall be furnished by the secretary of state with the approved form of any initiative or referendum petition, as provided herein, to the person or persons or organization or organizations under whose authority the measure is initiated or referred.

(c) The ballot titles shall be used and printed on the covers of the petition when in circulation; the short title shall be printed in type not less than twenty (20) points on the covers of all such petitions circulated for signatures.

(d) The ballot title shall contain:

(i) Distinctive short title not exceeding twenty (20) words by which the measure is commonly referred to or spoken of and which shall be printed in the foot margin of each signature sheet of the petition.

(ii) A general title expressing in not more than two hundred (200) words the purpose of the measure.

(iii) The ballot title shall be printed with the numbers of the measure on the official ballot.

(e) In making the ballot title, the attorney general shall, to the best of his ability, give a true and impartial statement of the purpose of the measure and in such language that the ballot title shall not be intentionally an argument or likely to create prejudice either for or against the measure.

(3) Any person dissatisfied with the ballot title or the short title provided by the attorney general for any measure may appeal to the supreme court by petition, praying for a different title and setting forth the reason why the title prepared by the attorney general is insufficient or unfair.

(a) No appeal shall be allowed from the decision of the attorney general on a ballot title unless made within twenty (20) days after the ballot title is filed in the office of the secretary of state; provided however, that this section shall not prevent any later judicial proceeding to determine the sufficiency of such title, nor shall it prevent any judicial decision upon the sufficiency of such title.

(b) A copy of every such ballot title shall be served by the secretary of state upon the person offering or filing such initiative or referendum petition, or appeal. The service of the ballot title may be by mail or electronic transmission and shall be made forthwith when it is received from the attorney general by the secretary of state.

(c) The supreme court shall thereupon examine said measure, hear argument, and in its decision thereon certify to the secretary of state a ballot title and a short title for the measure in accord with the intent of this section. The secretary of state shall print on the official ballot the title thus certified to him.

(4) Any qualified elector of the state of Idaho may, at any time after the attorney general has issued a certificate of review, bring an action in the supreme court to determine the constitutionality of any initiative.

History:

[34-1809, added 1933, ch. 210, sec. 9, p. 431; am. 1979, ch. 106, sec. 1, p. 340; am. 1988, ch. 48, sec. 6, p. 70; am. 1994, ch. 400, sec. 1, p. 1263; am. 1997, ch. 266, sec. 7, p. 760; am. 2003, ch. 147, sec. 1, p. 423; am. 2019, ch. 96, sec. 16, p. 353.]
Idaho Code § 34-904A — Idaho Code / Title 34 / Chapter 9 / Section 34-904A
34-904A ELIGIBILITY TO VOTE IN PRIMARY ELECTIONS.
Status: in_force

34-904A. ELIGIBILITY TO VOTE IN PRIMARY ELECTIONS. (1) Except as provided in subsection (2) of this section, an elector who has designated a party affiliation shall be allowed to vote only in the primary election of the political party for which such an elector is so registered.

(2) A political party qualified to participate in elections pursuant to section 34-501, Idaho Code, may, no later than the last Tuesday in the November prior to a primary election, notify the secretary of state in writing that the political party elects to allow, in addition to those electors who have registered with that political party, any of the following to vote in such party's primary election:

(a) Electors designated as unaffiliated;

(b) Electors registered with a different political party qualified to participate in elections pursuant to section 34-501, Idaho Code. In the event a state chairman of a political party elects to allow electors to vote in that party's primary election pursuant to this paragraph, the state chairman shall identify which political parties' registrants are allowed to vote in such primary election.

(3) In the event that more than one (1) political party allows unaffiliated electors to vote in their party's primary election, an unaffiliated elector shall designate which political party's primary election the elector chooses to vote in by declaring such designation to the poll worker or other appropriate election personnel, who shall then record in the poll book the elector's choice. The county clerk shall record such choice as part of the elector's voting history within the voter registration system as provided for in section 34-437A, Idaho Code.

(4) In the event no more than one (1) political party allows unaffiliated electors to vote in their party's primary election, an "unaffiliated" elector may designate that political party's primary election as the election the elector chooses to vote in by declaring such designation to the poll worker or other appropriate election personnel, who shall then record in the poll book the elector's choice. The county clerk shall record such choice as part of the elector's voting history within the voter registration system as provided for in section 34-437A, Idaho Code.

(5) An unaffiliated elector having declared such designation as provided for in subsection (3) or (4) of this section shall not be permitted to vote in the primary election of any other party held on that primary election date.

(6) If an unaffiliated elector does not declare a choice of political party's primary election ballot, the elector shall not be permitted to vote in any political party's primary election but shall receive a nonpartisan ballot when such a ballot is available.

(7) In the event that one (1) or more political parties allow electors affiliated with a different political party to vote in their primary election pursuant to this section, an elector affiliated with a different political party shall declare to the poll worker or other appropriate election personnel in which primary election ballot such elector wishes to vote. The county clerk shall record such choice as part of the elector's voting history within the voter registration system as provided for in section 34-437A, Idaho Code.

(8) Provided that all other provisions of this act are complied with, nothing in this section shall be construed to prohibit an elector designated as unaffiliated from voting in the primary election of a different party held in subsequent years. Notwithstanding any other provision of this act, if a political party allows unaffiliated electors to vote in that political party's primary election pursuant to this section, a vote by an unaffiliated elector in such primary election shall not change or affect the elector's unaffiliated designation.

History:

[34-904A, added 2011, ch. 319, sec. 8, p. 933; am. 2015, ch. 292, sec. 8, p. 1170; am. 2023, ch. 208, sec. 14, p. 577.]
Idaho Code § 34-2005 — Idaho Code / Title 34 / Chapter 20 / Section 34-2005
34-2005 JURISDICTION — REMOVAL OF COUNTY SEATS AND SPECIAL QUESTIONS.
Status: in_force

34-2005. Jurisdiction — Removal of county seats and special questions. The district courts of the respective counties shall hear and determine contests of election in regard to the removal of county seats, and in regard to any other subject which may by law be submitted to the vote of the people of the county, and the proceedings therein shall be conducted as near as may be hereinafter provided for contesting the election of county officers.

History:

[(34-2005) 1890-1891, p. 57, sec. 138; reen. 1899, p. 33, sec. 125; reen. R.C. & C.L., sec. 5030; C.S., sec. 7278; I.C.A., sec. 33-1705.]
Idaho Code § 34-437A — Idaho Code / Title 34 / Chapter 4 / Section 34-437A
34-437A STATEWIDE LIST OF REGISTERED ELECTORS.
Status: in_force

34-437A. Statewide list of registered electors. (1) The secretary of state, in conjunction with county clerks, shall develop and implement a single, uniform official, centralized, interactive, computerized statewide voter registration system as required by the help America vote act of 2002 (P.L. 107-252).

(2) The statewide system shall contain the name and registration information of every legally registered voter in the state and assign a unique identifier to each legally registered voter in the state, and include the following:

(a) The computerized list shall serve as the single system for storing and managing the official list of registered voters throughout the state.

(b) The computerized list shall contain the name and registration information of every legally registered voter in the state.

(c) Under the computerized list, a unique identifier shall be assigned to each legally registered voter in the state.

(d) The computerized list shall be coordinated with other agency databases within the state.

(e) Any election official in the state, including any local election official, may obtain immediate electronic access to the information contained in the computerized list.

(f) All voter registration information obtained by any local election official in the state shall be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local official.

(g) The secretary of state shall provide such support as may be required so that local election officials are able to enter information as described in subsection (2)(f) of this section.

(h) The computerized list shall serve as the official voter registration list for the conduct of all elections for federal office in the state.

(3) Any person desiring a copy of the statewide list of registered electors shall be furnished the same, and the secretary of state shall assess the individual an amount which will compensate the state for the cost of reproducing such copy.

No person to whom a list of statewide electors is furnished and no person who acquires a list of statewide electors prepared from such list shall use any information contained therein for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. Provided however, that any such list and label may be used for any political purpose.

History:

[34-437A, added 1976, ch. 344, sec. 2, p. 1148; am. 2003, ch. 48, sec. 8, p. 184.]
Idaho Code § 34-1804 — Idaho Code / Title 34 / Chapter 18 / Section 34-1804
34-1804 INITIAL FILING OF BALLOT MEASURE — PRINTING OF PETITION AND SIGNATURE SHEETS — PROPOSED FUNDING AND FISCAL INFORMATION.
Status: in_force

34-1804. initial filing of ballot measure — Printing of petition and signature sheets — proposed funding and fiscal information. (1) Before or at the time of beginning to circulate any petition for the referendum to the people on any act passed by the state legislature of the state of Idaho, or for any law proposed by the initiative, the person or persons or organization or organizations under whose authority the measure is to be referred or initiated shall send or deliver to the secretary of state a copy of such petition duly signed by at least twenty (20) qualified electors of the state, which shall be filed by said officer in his office, and who shall immediately transmit a copy of the petition to the attorney general for the issuance of the certificate of review as provided in section 34-1809, Idaho Code.

(2) In the case of an initiative petition, the person or persons or organization or organizations under whose authority the measure is to be initiated shall propose a funding source for the cost of implementing the measure. The proposed funding source information shall accompany a copy of the initiative when the petition is initially filed with the secretary of state under subsection (1) of this section, and whenever the petition is circulated for signatures, but the proposed funding source information shall not formally be part of the initiative and shall have no binding effect. Upon receipt of the petition and the proposed funding source information, the secretary of state shall immediately transmit a copy of the petition and proposed funding source information to the division of financial management so that it may issue a statement of fiscal impact as provided in section 34-1812, Idaho Code. The provisions of this subsection shall not apply to a city or county ballot initiative.

(3) All petitions for the initiative and for the referendum and sheets for signatures shall be printed on a good quality of bond or ledger paper in the form and manner as approved by the secretary of state. To every sheet of petitioners' signatures shall be attached a full and correct copy of the measure so proposed by initiative petition and a copy of the fiscal impact statement summary for the initiative, if applicable; but such petition may be filed by the secretary of state in numbered sections for convenience in handling. Every sheet of petitioners' signatures upon referendum petitions shall be attached to a full and correct copy of the measure on which the referendum is demanded and may be filed in numbered sections in like manner as initiative petitions. Not more than twenty (20) signatures on one (1) sheet shall be counted. Each signature sheet shall contain signatures of qualified electors from only one (1) county.

History:

[34-1804, added 1933, ch. 210, sec. 4, p. 431; am. 1988, ch. 48, sec. 2, p. 67; am. 2013, ch. 214, sec. 2, p. 504; am. 2013, ch. 336, sec. 2, p. 874; am. 2020, ch. 317, sec. 2, p. 903.]
Idaho Code § 34-437 — Idaho Code / Title 34 / Chapter 4 / Section 34-437
34-437 FURNISHING LISTS OF REGISTERED ELECTORS — RESTRICTIONS.
Status: in_force

34-437. Furnishing lists of registered electors — Restrictions. (1) Each of the county clerks, upon receiving a request shall supply to any individual, a current list of the registered electors of the county and their addresses, arranged in groups according to election precincts. The county clerks shall prepare an original of the above list from the state voter registration system at county expense. Any person desiring a copy of the original list shall be furnished the same, and the county clerk shall assess the individual an amount which will compensate the county for the cost of reproducing such copy.

(2) No person to whom a list of registered electors is made available or supplied under subsection (1) of this section and no person who acquires a list of registered electors prepared from such list shall use any information contained therein for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. Provided however, that any such list and label may be used for any political purpose.

History:

[34-437, added 1970, ch. 140, sec. 72, p. 351; am. 1972, ch. 392, sec. 8, p. 1131; am. 1973, ch. 304, sec. 5, p. 646; am. 1976, ch. 344, sec. 1, p. 1147; am. 1982, ch. 137, sec. 5, p. 390; am. 2003, ch. 48, sec. 7, p. 184.]
Idaho Code § 34-2125 — Idaho Code / Title 34 / Chapter 21 / Section 34-2125
34-2125 DISCOVERY.
Status: in_force

34-2125. Discovery. The court may order the production of such evidence as it deems necessary for the proper disposition of the primary contest pursuant to the Idaho rules of civil procedure. The election contest must be given priority on the court's calendar.

History:

[34-2125, added 2017, ch. 293, sec. 2, p. 774.]
Idaho Code § 34-1003 — Idaho Code / Title 34 / Chapter 10 / Section 34-1003
34-1003 ISSUANCE OF ABSENTEE BALLOT.
Status: in_force

34-1003. Issuance of absentee ballot. (1) Upon receipt of an application for an absent elector's ballot within the proper time, the county clerk receiving it shall examine the records of the county clerk's office to ascertain whether or not such applicant is registered and lawfully entitled to vote as requested and, if found to be so, the county clerk shall arrange for the applicant to vote by absent elector's ballot.

(2) In the case of requests for primary ballots:

(a) Except as provided in paragraph (b) of this subsection, an elector who has designated a political party affiliation shall receive a primary ballot for that political party.

(b) An elector who has designated a political party affiliation pursuant to section 34-404, Idaho Code, may receive the primary election ballot of a political party other than the political party such elector is affiliated with if such other political party has provided notification to the secretary of state that identifies the political party such elector is affiliated with, as provided for in section 34-904A(2)(b), Idaho Code.

(c) An unaffiliated elector shall receive the primary ballot for the political party the elector designated in the elector's application for an absentee ballot pursuant to section 34-1002, Idaho Code. Provided however, that a political party's ballot shall not be provided to an unaffiliated elector where that political party has not elected to allow unaffiliated electors to vote in such party's primary election pursuant to section 34-904A, Idaho Code.

(d) If an unaffiliated elector does not indicate a choice of a political party's primary ballot, the elector shall receive a nonpartisan ballot.

(e) Once an absentee primary ballot is issued to an elector by the county clerk, the county clerk may not issue the same elector a new absentee primary ballot with a different party affiliation than the absentee ballot originally issued to the elector, unless the original absentee ballot type was issued in error by the county clerk.

(3) The absentee ballot may be delivered to the absent elector in the office of the county clerk, by postage prepaid mail or by other appropriate means, including use of a facsimile machine or other electronic transmission. Validly requested absentee ballots for candidates for federal office, where the request is received at least forty-five (45) days before an election, shall be sent no later than forty-five (45) days before that election to all electors who are entitled to vote by absentee ballot.

(4) Pursuant to the uniformed and overseas citizens absentee voting act (UOCAVA, 52 U.S.C. 20301 et seq., as amended) the secretary of state shall establish procedures for the transmission of blank absentee ballots by mail and by electronic transmission for all electors who are entitled to vote by absentee ballot under the uniformed and overseas citizens absentee voting act, and by which such electors may designate whether the elector prefers the transmission of such ballots by mail or electronically. If no preference is stated, the ballots shall be transmitted by mail. The secretary of state shall establish procedures for transmitting such ballots in a manner that shall protect the security and integrity of such ballots and the privacy of the elector throughout the process of transmission.

(5) A political party may supply a witness to accompany the clerk in the personal delivery of an absentee ballot. If the political party desires to supply a witness, it shall be the duty of the political party to supply the names of such witnesses to the clerk no later than forty-six (46) days prior to the election. The clerk shall notify such witnesses of the date and approximate hour the clerk or deputy clerk intends to deliver the ballot.

(6) A candidate for public office or a spouse of a candidate for public office shall not be a witness in the personal delivery of absentee ballots.

(7) An elector physically unable to mark such elector's own ballot may receive assistance in marking such ballot from the officer delivering same or an available person of the elector's own choosing. In the event the election officer is requested to render assistance in marking an absent elector's ballot, the officer shall ascertain the desires of the elector and shall vote the applicant's ballot accordingly. When such ballot is marked by an election officer, the witnesses on hand shall be allowed to observe such marking. No county clerk, deputy, or other person assisting a disabled voter shall attempt to influence the vote of such elector in any manner.

History:

[34-1003, added 1970, ch. 140, sec. 164, p. 351; am. 1973, ch. 304, sec. 9, p. 646; am. 1975, ch. 66, sec. 1, p. 132; am. 1984, ch. 131, sec. 6, p. 307; am. 1993, ch. 100, sec. 1, p. 253; am. 1994, ch. 122, sec. 4, p. 273; am. 1996, ch. 74, sec. 1, p. 238; am. 2010, ch. 332, sec. 2, p. 882; am. 2011, ch. 11, sec. 14, p. 31; am. 2011, ch. 319, sec. 10, p. 935; am. 2019, ch. 96, sec. 11, p. 349; am. 2020, 1st E.S., ch. 1, sec. 1, p. 5; am. 2021, ch. 323, sec. 1, p. 987.]
Idaho Code § 34-2001 — Idaho Code / Title 34 / Chapter 20 / Section 34-2001
34-2001 GROUNDS OF CONTEST.
Status: in_force

34-2001. Grounds of contest. The election of any person to any public office, the location or relocation of a county seat, or any proposition submitted to a vote of the people may be contested:

1. For malconduct, fraud, or corruption on the part of the judges of election in any precinct, township or ward, or of any board of canvassers, or any member of either board sufficient to change the result.

2. When the incumbent was not eligible to the office at the time of the election.

3. When the incumbent has been convicted of felony, unless at the time of the election he shall have been restored to civil rights.

4. When the incumbent has given or offered to any elector, or any judge, clerk or canvasser of the election, any bribe or reward in money or property for the purpose of procuring his election, or has committed any violation as set out in chapter 23, title 18, Idaho Code.

5. When illegal votes have been received or legal votes rejected at the polls sufficient to change the result.

6. For any error in any board of canvassers in counting votes or in declaring the result of the election, if the error would change the result.

7. When the incumbent is in default as a collector and custodian of public money or property.

8. For any cause which shows that another person was legally elected.

History:

[(34-2001) 1890-1891, p. 57, sec. 132; reen. 1899, p. 33, sec. 119; reen. R.C. & C.L., sec. 5026; C.S., sec. 7274; I.C.A., sec. 33-1701; am. 1982, ch. 209, sec. 1, p. 573.]
Idaho Code § 34-1410 — Idaho Code / Title 34 / Chapter 14 / Section 34-1410
34-1410 CANVASSING OF ELECTION RESULTS.
Status: in_force

34-1410. canvassing of election results. The board of county commissioners shall conduct the canvass of the election results within nine (9) days after the election, in the manner provided in chapter 12, title 34, Idaho Code. The county clerk shall certify the election results to the clerk of each political subdivision for which an election was held. Each political subdivision shall issue the appropriate certificates of election.

History:

[34-1410, added 1992, ch. 176, sec. 4, p. 558; am. 2010, ch. 185, sec. 12, p. 389; am. 2011, ch. 11, sec. 20, p. 34; am. 2026, ch. 286, sec. 3, p. 1203.]
Idaho Code § 34-1503 — Idaho Code / Title 34 / Chapter 15 / Section 34-1503
34-1503 MEETING OF ELECTORS.
Status: in_force

34-1503. Meeting of electors. The electors chosen to elect a president and vice-president of the United States shall, at twelve (12) o'clock noon on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this state, and then and there perform the duties enjoined upon them by the Constitution and laws of the United States.

History:

[(34-1503) 1890-1891, p. 57, sec. 111; reen. 1899, p. 66, sec. 1; am. R.C. & C.L., sec. 461; C.S., sec. 645; I.C.A., sec. 33-1403.]
Idaho Code § 34-610 — Idaho Code / Title 34 / Chapter 6 / Section 34-610
34-610 ELECTION OF STATE CONTROLLER — QUALIFICATIONS.
Status: in_force

34-610. Election of state controller — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, a state controller shall be elected.

(2) No person shall be elected to the office of state controller 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 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:

[34-610, added 1970, ch. 140, sec. 90, p. 351; am. 1994, ch. 181, sec. 1, p. 576; am. 1996, ch. 28, sec. 6, p. 69.]
Idaho Code § 34-2118 — Idaho Code / Title 34 / Chapter 21 / Section 34-2118
34-2118 SECURITY FOR COSTS — ASSESSMENT OF COSTS AND FEES — ASSESSMENT OF ATTORNEY'S FEES.
Status: in_force

34-2118. Security for costs — Assessment of costs and fees — assessment of attorney's fees. (1) The contestor must file with the secretary of state a bond in the amount of one thousand dollars ($1,000) conditioned to pay the contestee's costs if the election be confirmed by the legislature.

(2) The parties are liable for witness fees and the costs of discovery made by them respectively. If the election is upheld by the legislature, the legislature may assess costs and fees, other than attorney's fees, against the contestor. If the election is annulled by the legislature, the legislature may assess costs and fees, other than attorney's fees, against the contestee.

(3) Attorney's fees.

(a) Attorney's fees may be awarded against the contestor if the legislature determines the contest of election is frivolous and has no foundation in law or fact.

(b) Attorney's fees may be awarded against the contestee if the election is annulled by the legislature due to misconduct, fraud or corruption on the part of the contestee.

(4) If the 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 returns, the contest costs will be a charge against the county in which the fraud or error occurred.

(5) If a special election is called by the legislature pursuant to section 34-2119, Idaho Code, the costs associated with the special election will be allocated in equal amounts to the state of Idaho and the county or counties where the special election is held.

History:

[34-2118, added 2017, ch. 293, sec. 2, p. 773.]
Idaho Code § 34-308 — Idaho Code / Title 34 / Chapter 3 / Section 34-308
34-308 MAIL BALLOT PRECINCT.
Status: in_force

34-308. Mail ballot precinct. (1) A precinct within the county that contains no more than one hundred forty (140) registered electors at the last general election may be designated by the board of county commissioners as a mail ballot precinct no later than April 1 in an even-numbered year. Such a designation shall apply thereafter to all elections conducted within the precinct until revoked by the board of county commissioners or until the precinct contains one hundred fifty-one (151) registered electors at the last general election. Having designated a mail ballot precinct, there shall be no voting place established within the precinct. Elections in a mail ballot precinct shall be conducted in a manner consistent with absentee voting with the special provisions provided in this section.

(2) The clerk shall issue a ballot, by mail, to every registered voter in a mail ballot precinct and shall affix postage to the return envelope sufficient to return the ballot.

(3) The ballot shall be mailed no sooner than forty-five (45) days prior to the election day and no later than the eleventh day prior to the election.

(4) The clerk shall make necessary provisions to segregate mail ballot precinct ballots by precinct and, for all purposes of the election, the precinct integrity shall be maintained.

(5) The clerk shall make registration available in the office of the clerk on election day for any individual who is eligible to vote and who resides in a mail ballot precinct and has not previously registered. The clerk shall provide an official polling place in the office of the clerk, and a qualified elector who registers on election day and resides in a mail ballot precinct shall be allowed to vote at the office of the clerk.

(6)(a) Except as provided in paragraph (b) of this subsection, electors who have designated a political party affiliation pursuant to section 34-404, Idaho Code, shall receive the primary election ballot for that party pursuant to sections 34-904 and 34-904A, Idaho Code.

(b) Electors who have designated a political party affiliation pursuant to section 34-404, Idaho Code, may receive the primary election ballot of a political party other than the political party such elector is affiliated with if such other political party has provided notification to the secretary of state that identifies the political party such elector is affiliated with, as provided for in section 34-904A(2)(b), Idaho Code.

(7) For "unaffiliated" electors, in order to receive a political party's primary election ballot pursuant to section 34-904A, Idaho Code, the county clerk shall mail a ballot request form for the primary election ballot to the electors in a mail ballot precinct for the electors to use in selecting the party ballot they choose to receive.

(a) In the event that more than one (1) political party allows electors designated as "unaffiliated" to vote in their party's primary election pursuant to section 34-904A, Idaho Code, an elector designated as "unaffiliated" shall indicate on the form such elector's choice of the political party's primary election ballot in order to vote in that party's primary election.

(b) In the event no more than one (1) political party allows electors designated as "unaffiliated" to vote in their party's primary election pursuant to section 34-904A, Idaho Code, an elector designated as "unaffiliated" shall indicate on the form that political party's primary election ballot in order to vote in that political party's primary election.

(c) If an elector designated as "unaffiliated" is not permitted to vote in a political party's primary election as provided for in section 34-904A, Idaho Code, such elector shall receive a nonpartisan ballot.

(d) If an elector designated as "unaffiliated" does not indicate on the form a choice of political party's primary election ballot, such elector shall receive a nonpartisan ballot.

History:

[34-308, added 2004, ch. 165, sec. 1, p. 541; am. 2011, ch. 319, sec. 2, p. 929; am. 2019, ch. 97, sec. 1, p. 355; am. 2026, ch. 286, sec. 2, p. 1202.]
Idaho Code § 34-405 — Idaho Code / Title 34 / Chapter 4 / Section 34-405
34-405 GAIN OR LOSS OF RESIDENCE BY REASON OF ABSENCE FROM STATE.
Status: in_force

34-405. Gain or loss of residence by reason of absence from state. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his absence while employed in the service of this state or the United States, while a student of any institution of learning, while kept at any state institution at public expense, nor absent from the state with the intent to have this state remain his residence. If a person is absent from this state but intends to maintain his residence for voting purposes here, he shall not register to vote in any other state during his absence.

History:

[34-405, added 1970, ch. 140, sec. 40, p. 351.]
Idaho Code § 34-2128 — Idaho Code / Title 34 / Chapter 21 / Section 34-2128
34-2128 COST ON APPEAL.
Status: in_force

34-2128. Cost on appeal. The appellant must file a bond sufficient to cover the cost of appeal of a primary contest. The amount of the bond on appeal must be set by the court.

History:

[34-2128, added 2017, ch. 293, sec. 2, p. 775.]
Idaho Code § 34-601 — Idaho Code / Title 34 / Chapter 6 / Section 34-601
34-601 DATES ON WHICH ELECTIONS SHALL BE HELD.
Status: in_force

34-601. Dates on which elections shall be held. Elections shall be held in this state on the following dates or times:

(1) A primary election shall be held on the third Tuesday in May, 2012, and every two (2) years thereafter on the above-mentioned Tuesday.

(2) A general election shall be held on the first Tuesday after the first Monday of November, 2012, and every two (2) years thereafter on the above-mentioned Tuesday.

(3) Special state elections shall be held on the dates ordered by the governor's proclamation, or as otherwise provided by law.

History:

[34-601, added 1970, ch. 140, sec. 81, p. 351; am. 1971, ch. 193, sec. 1, p. 879; am. 1975, ch. 174, sec. 12, p. 469; am. 1979, ch. 309, sec. 2, p. 834; am. 2009, ch. 341, sec. 57, p. 1032; am. 2012, ch. 33, sec. 2, p. 103; am. 2015, ch. 292, sec. 4, p. 1168; am. 2023, ch. 208, sec. 4, p. 576.]
Idaho Code § 34-117 — Idaho Code / Title 34 / Chapter 1 / Section 34-117
34-117 “JUDICIAL NOMINATING ELECTION” DEFINED.
Status: in_force

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

History:

[I.C., sec. 34-117, as added by 1971, ch. 194, sec. 9, p. 881.]
Idaho Code § 34-704 — Idaho Code / Title 34 / Chapter 7 / Section 34-704
34-704 DECLARATION OF CANDIDACY.
Status: in_force

34-704. Declaration of candidacy. (1) Any person legally qualified to hold such office is entitled to become a candidate and file a declaration of candidacy. All political party candidates shall declare their party affiliation in their declaration of candidacy and shall be affiliated with a party at the time of filing. A candidate shall be deemed affiliated with the political party if the candidate submits a party affiliation form along with the declaration of candidacy to the appropriate filing official. The filing official shall reject any declaration of candidacy for partisan office in a primary election from candidates who are not affiliated with a political party. Candidates for nonpartisan office shall file during the period provided for in this section.

(2) Each political party candidate for federal, state, or legislative district office shall file a declaration of candidacy with the secretary of state's office between 8:00 a.m. on the thirteenth Monday before the primary election and 5:00 p.m. on the twelfth Friday before the primary election.

(3) Each political party candidate for county office, single countywide highway district office pursuant to section 40-1404A, Idaho Code, or precinct committeeman office shall file a declaration of candidacy with the county clerk's office between 8:00 a.m. on the twelfth Monday before the primary election and 5:00 p.m. on the tenth Friday before the primary election.

(4) Candidates who file a declaration of candidacy under a party name and are not nominated at the primary election shall not be allowed to appear on the general election ballot under any other political party name or as an independent candidate.

(5) Independent candidates shall file their declaration of candidacy in the manner provided in section 34-708, Idaho Code.

(6) All information in declarations of candidacy shall be made publicly available upon request, except that the Idaho residential street address and telephone number of a judicial officer may be exempt from disclosure pursuant to sections 19-6202 and 74-106(30), Idaho Code.

History:

[34-704, added 1971, ch. 5, sec. 3, p. 11; am. 1971, ch. 188, sec. 1, p. 867; am. 1972, ch. 46, sec. 4, p. 84; am. 1972, ch. 346, sec. 1, p. 1015; am. 1975, ch. 174, sec. 17, p. 469; am. 1976, ch. 60, sec. 3, p. 202; am. 1979, ch. 309, sec. 4, p. 835; am. 1983, ch. 213, sec. 6, p. 592; am. 1984, ch. 8, sec. 1, p. 12; am. 1984, ch. 173, sec. 3, p. 418; am. 1989, ch. 70, sec. 1, p. 111; am. 2003, ch. 48, sec. 10, p. 185; am. 2012, ch. 211, sec. 5, p. 575; am. 2022, ch. 305, sec. 2, p. 965; am. 2023, ch. 179, sec. 2, p. 484; am. 2024, ch. 16, sec. 13, p. 148; am. 2025, ch. 113, sec. 11, p. 605; am. 2026, ch. 333, sec. 5, p. 1309.]
Idaho Code § 34-1202A — Idaho Code / Title 34 / Chapter 12 / Section 34-1202A
34-1202A VOID BALLOT NOT COUNTED.
Status: in_force

34-1202A. Void ballot not counted. At any bond election conducted by the state of Idaho, its agencies, institutions, political subdivisions and municipal and quasi-municipal corporations, 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. It is hereby declared that any qualified elector casting such ballot or part of a ballot shall be deemed not to have voted at or participated in such bond election and such ballot or part of a ballot shall not be counted in determining the number of qualified electors voting at or participating in such bond election.

History:

[34-1202A, added 1978, ch. 51, sec. 1, p. 96.]
Idaho Code § 34-1010 — Idaho Code / Title 34 / Chapter 10 / Section 34-1010
34-1010 REJECTION OF DEFECTIVE BALLOTS.
Status: in_force

34-1010. Rejection of defective ballots. All absent electors' identification envelopes, ballot stubs and absent electors' ballots rejected by the judges in accordance with the provisions of this act shall be returned to the county clerk. All absent electors' ballots received by the county clerk after 8:00 p.m. on the day of the general, primary or special election, together with the rejected absent electors' ballots returned by the judges of election as provided in this section, shall remain in the sealed identification envelopes and be handled in the manner provided for other spoiled ballots.

History:

[34-1010, added 1970, ch. 140, sec. 171, p. 351; am. 1973, ch. 304, sec. 10, p. 646.]
Idaho Code § 34-1812C — Idaho Code / Title 34 / Chapter 18 / Section 34-1812C
34-1812C VOTERS' PAMPHLET.
Status: in_force

34-1812C. Voters' pamphlet. (1) Not later than September 25 before any regular general election at which an initiative or referendum measure is to be submitted to the people, the secretary of state shall cause to be printed a voters' pamphlet which shall contain the following:

(a) A complete copy of the title and text of each measure with the number and form in which the ballot title thereof will be printed on the official ballot;

(b) A copy of the fiscal impact statement summary for a state measure;

(c) A copy of the sponsor's proposed funding source information for a state measure; and

(d) A copy of the arguments and rebuttals for and against each state measure.

(2) The secretary of state shall mail or distribute a copy of the voters' pamphlet to every household in the state. Sufficient copies of the voters' pamphlet shall also be sent to each county clerk. The county clerk and the secretary of state shall make copies of the voters' pamphlet available upon request.

(3) The voters' pamphlet shall be printed according to the following specifications:

(a) The pages of the pamphlet shall be not smaller than 6 x 9 inches in size;

(b) It shall be printed in clear, readable type, no less than 10-point, except that the text of any measure may be set forth in no less than 7-point type;

(c) It shall be printed on a quality and weight of paper that, in the judgment of the secretary of state, best serves the voters;

(d) If the material described in subsection (1) of this section is combined in a single publication with constitutional amendments, the entire publication shall be treated as a legal notice.

History:

[34-1812C, added 1979, ch. 135, sec. 4, p. 431; am. 1984, ch. 114, sec. 1, p. 258; am. 2020, ch. 317, sec. 4, p. 904.]
Idaho Code § 34-211 — Idaho Code / Title 34 / Chapter 2 / Section 34-211
34-211 OFFICE OF COUNTY CLERK OPEN AS LONG AS POLLS ARE OPEN.
Status: in_force

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

History:

[34-211, added 1970, ch. 140, sec. 27, p. 351.]
Idaho Code § 34-627 — Idaho Code / Title 34 / Chapter 6 / Section 34-627
34-627 HOLDERS OF PARTISAN ELECTIVE OFFICE CHANGING POLITICAL PARTIES.
Status: in_force

34-627. Holders of partisan elective office changing political parties. Whenever any holder of a partisan elective office desires to change political parties, the change shall only be effective if the holder files a declaration of intent to change political parties with the election official with whom the holder of the partisan elective office has filed his declaration of candidacy for the office that the holder of the partisan elective office currently holds. After receiving the declaration of intent, the election official shall send a copy of the declaration to the affected political party central committees of both the political party, if any, that the holder of the partisan elective office desires to leave and the political party, if any, that the holder of the partisan elective office desires to join. A holder of a partisan elective office cannot change political parties between the date the holder of partisan elective office files for the primary election through three (3) months after the general election in which the partisan elective office was on the ballot. A holder of a partisan elective office only may change political parties pursuant to this section once per term. The election official shall be authorized to charge a holder of a partisan elective office desiring to change his political party a twenty-five dollar ($25.00) fee to defray the election official's expenses in administering the provisions of this section.

History:

[34-627, added 1997, ch. 202, sec. 1, p. 577; am. 2017, ch. 21, sec. 1, p. 39.]
Idaho Code § 34-2027 — Idaho Code / Title 34 / Chapter 20 / Section 34-2027
34-2027 COST OF BOND ON APPEAL.
Status: in_force

34-2027. Cost of bond on appeal. If upon appeal the appellant shall not be in possession of the office, he shall give bond, with security to be approved by the court where the judgment is rendered, conditioned to pay all costs that may be adjudged against him upon such appeal.

History:

[(34-2027) 1890-1891, p. 57, sec. 168; reen. 1899, p. 33, sec. 155; reen. R.C. & C.L., sec. 5052; C.S., sec. 7300; I.C.A., sec. 33-1727.]
Idaho Code § 34-2002 — Idaho Code / Title 34 / Chapter 20 / Section 34-2002
34-2002 TERM INCUMBENT DEFINED.
Status: in_force

34-2002. Term incumbent defined. The term "incumbent" in this chapter means the person whom the canvassers declare elected.

History:

[(34-2002) 1890-1891, p. 57, sec. 133; reen. 1899, p. 33, sec. 120; reen. R.C. & C.L., sec. 5027; C.S., sec. 7275; I.C.A., sec. 33-1702.]
Idaho Code § 34-605 — Idaho Code / Title 34 / Chapter 6 / Section 34-605
34-605 ELECTION OF UNITED STATES CONGRESSIONAL REPRESENTATIVES — QUALIFICATIONS.
Status: in_force

34-605. Election of United States congressional representatives — Qualifications. (1) At the general election, 1972, and every alternate year thereafter, there shall be elected in each United States congressional district a member of the United States house of representatives and any additional number of representatives to which the state may be entitled in the state at large.

(2) No person shall be elected to the house of representatives unless he has attained the age of twenty-five (25) years at the time of his election, has been a citizen of the United States at least seven (7) years and shall reside within the state at the time of 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 three hundred dollars ($300) which shall be deposited in the general fund.

History:

[34-605, added 1970, ch. 140, sec. 85, p. 351; am. 1983, ch. 213, sec. 2, p. 591; am. 1996, ch. 28, sec. 2, p. 68.]
Idaho Code § 34-624 — Idaho Code / Title 34 / Chapter 6 / Section 34-624
34-624 ELECTION OF PRECINCT COMMITTEEMEN — QUALIFICATIONS.
Status: in_force

34-624. Election of precinct committeemen — Qualifications. (1) At the primary election, 1980, and every two (2) years thereafter, a precinct committeeman for each political party shall be elected in every voting precinct within each county. The term of office of a precinct committeeman shall be from the eighth day following the primary election until the eighth day following the next succeeding primary election.

(2) No person shall be elected to the office of precinct committeeman unless he has attained the age of eighteen (18) years at the time of his election, is a citizen of the United States, and is a registered elector of the voting precinct for a period of six (6) months next preceding his election.

(3) Each candidate shall file a declaration of candidacy with the county clerk.

(4) No filing fee shall be charged any candidate at the time of his filing his declaration of candidacy.

History:

[34-624, added 1970, ch. 140, sec. 104, p. 351; am. 1971, ch. 29, sec. 1, p. 73; am. 1972, ch. 128, sec. 1, p. 256; am. 1975, ch. 174, sec. 16, p. 469; am. 1979, ch. 309, sec. 3, p. 835; am. 1996, ch. 28, sec. 20, p. 75; am. 2011, ch. 285, sec. 5, p. 780; am. 2021, ch. 203, sec. 1, p. 554.]
Idaho Code § 34-2107 — Idaho Code / Title 34 / Chapter 21 / Section 34-2107
34-2107 MISCONDUCT OF ELECTION JUDGES — WHEN SUFFICIENT TO SET ASIDE AN ELECTION.
Status: in_force

34-2107. MISCONDUCT OF ELECTION JUDGES — WHEN SUFFICIENT TO SET ASIDE AN ELECTION. Misconduct on the part of the judges of election is sufficient to set aside the election if the misconduct would change the result regarding that office.

History:

[34-2107, added 2017, ch. 293, sec. 2, p. 769.]
Idaho Code § 34-1108 — Idaho Code / Title 34 / Chapter 11 / Section 34-1108
34-1108 ASSISTANCE TO VOTER.
Status: in_force

34-1108. Assistance to voter. (1) If any registered elector is unable, due to physical or other disability, to enter the polling place, he may be handed a ballot outside the polling place but within forty (40) feet thereof by one (1) of the election clerks, and in his presence but in a secret manner, mark and return the same to such election officer who shall proceed as provided by law to record the ballot.

(2) If any registered elector, who is unable by reason of physical or other disability to record his vote by personally marking his ballot and who desires to vote, then and in that case such elector shall be given assistance by the person of his choice or by one (1) of the election clerks. Such clerk or selected person shall mark the ballot in the manner directed by the elector and fold it properly and present it to the elector before leaving the voting compartment or area provided for such purpose. The elector shall then present it to the judge of election in the manner provided above.

History:

[34-1108, added 1970, ch. 140, sec. 180, p. 351; am. 1972, ch. 349, sec. 4, p. 1033; am. 1978, ch. 37, sec. 1, p. 66; am. 2010, ch. 235, sec. 19, p. 557.]
Idaho Code § 34-1801A — Idaho Code / Title 34 / Chapter 18 / Section 34-1801A
34-1801A PETITION.
Status: in_force

34-1801A. Petition. (1) An initiative petition shall embrace only one (1) subject and matters properly connected with it.

(2) The following shall be substantially the form of petition for any law proposed by the initiative:

WARNING

It is a felony for anyone to sign any initiative or referendum petition with any name other than his own, or to knowingly sign his name more than once for the measure, or to sign such petition when he is not a qualified elector.

INITIATIVE PETITION

To the Honorable…., Secretary of State of the State of Idaho:

We, the undersigned citizens and qualified electors of the State of Idaho, respectfully demand that the following proposed law (setting out full text of measure proposed) shall be submitted to the qualified electors of the State of Idaho, for their approval or rejection at the regular general election, to be held on the…. day of…., A.D.,…., and each for himself says: I have personally signed this petition; I am a qualified elector of the State of Idaho; my residence and legislative district are correctly written after my name.

Signature Printed Residence City Date Legislative Name Street District and Official Number Use Only

(Here follow no more than twenty numbered lines for signatures.)

(3) The petition for referendum on any act passed by the state legislature of the state of Idaho shall be in substantially the same form with appropriate title and changes, setting out in full the text of the act of the legislature to be referred to the people for their approval or rejection.

History:

[(34-1801A) 34-1801, added 1933, ch. 210, sec. 1, p. 431; am. 1988, ch. 48, sec. 1, p. 67; am. and redesig. 1997, ch. 266, sec. 1, p. 757; am. 2013, ch. 214, sec. 1, p. 503; am. 2013, ch. 336, sec. 1, p. 873; am. 2019, ch. 96, sec. 15, p. 353; am. 2020, ch. 336, sec. 1, p. 977.]
Idaho Code § 34-114 — Idaho Code / Title 34 / Chapter 1 / Section 34-114
34-114 “TALLY BOOK” OR “TALLY LIST” DEFINED.
Status: in_force

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

History:

[34-114, added 1970, ch. 140, sec. 14, p. 351.]
Idaho Code § 34-2215 — Idaho Code / Title 34 / Chapter 22 / Section 34-2215
34-2215 SEPARABILITY.
Status: in_force

34-2215. Separability. If any part or parts of sections 34-2201—34-2216 shall be adjudged by the courts to be unconstitutional or invalid, the same shall not effect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The legislature hereby declares that it would have passed the remaining parts of sections 34-2201—34-2216 if it had been known that such other part or parts thereof would be declared to be unconstitutional or invalid.

History:

[34-2215, added 1933, ch. 179, sec. 15, p. 328.]
Idaho Code § 34-2114 — Idaho Code / Title 34 / Chapter 21 / Section 34-2114
34-2114 CONTEST PAPERS DELIVERED TO PRESIDING OFFICERS.
Status: in_force

34-2114. CONTEST PAPERS DELIVERED TO PRESIDING OFFICERS. (1) Senate election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the presiding officer of the senate all papers regarding a contested election of any member of the senate.

(2) House of representatives election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the presiding officer of the house of representatives all papers regarding a contested election of any member of the house of representatives.

(3) Executive department election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the speaker of the house of representatives all papers regarding a contest of elections of executive officers. The senate president pro tempore, or his designee, must attend the house of representatives during its receipt of the contest papers.

History:

[34-2114, added 2017, ch. 293, sec. 2, p. 772.]
Idaho Code § 34-2421 — Idaho Code / Title 34 / Chapter 24 / Section 34-2421
34-2421 PROCEDURE IF A VOTING MACHINE BECOMES INOPERATIVE.
Status: in_force

34-2421. Procedure if a voting machine becomes inoperative. (1) If any voting machine used in any election precinct, during or before the time the polls are opened, becomes damaged so as to render it inoperative in whole or in part, an election board clerk immediately shall notify the election officer charged with the care of the machine.

(2) If possible, the election officer so notified shall repair the machine at once or substitute another machine for the damaged machine.

(3) If no other machine can be procured for use at the election and the damaged machine cannot be repaired in time for further use at the election, or where in the discretion of a majority of the members of the election board it is impracticable to use the machine, the election board shall permit the voters to use paper ballots prepared as in cases where paper ballots are used. The paper ballots shall be furnished to the election board by the county clerk. The paper ballots shall be issued, voted and deposited in ballot boxes in as nearly the same manner as provided by law, except that the paper ballots shall not be tallied and returned by the election board. Instead, these paper ballots shall be delivered to the county clerk for his tally and canvass.

History:

[34-2421, added 1970, ch. 140, sec. 152, p. 351; am. 1971, ch. 5, sec. 7, p. 11.]
Idaho Code § 34-2120 — Idaho Code / Title 34 / Chapter 21 / Section 34-2120
34-2120 CONTEST OF NOMINATION AT PRIMARIES.
Status: in_force

34-2120. CONTEST OF NOMINATION AT PRIMARIES. Any candidate at a primary election may contest the nomination of any candidate for the same office based on the grounds as set out in this chapter.

History:

[34-2120, added 2017, ch. 293, sec. 2, p. 774.]
Idaho Code § 34-2303 — Idaho Code / Title 34 / Chapter 23 / Section 34-2303
34-2303 BALLOTS ORDERED IMPOUNDED BY ATTORNEY GENERAL.
Status: in_force

34-2303. Ballots ordered impounded by attorney general. Upon receiving the application for recount together with the remittance required by section 34-2302, Idaho Code, the attorney general or county clerk, pursuant to section 34-2301, Idaho Code, shall cause all ballot boxes used in such election in the precinct or precincts in which recount is to be made to be immediately impounded and taken into custody by the sheriff of the county or counties in which precinct or precincts are located. In the event that the recount is of the results of a primary election the ballot boxes used to hold the blank half of the ballot shall also be impounded.

History:

[34-2303, added 1957, ch. 198, sec. 3, p. 410; am. 2011, ch. 285, sec. 17, p. 784.]
Idaho Code § 34-115 — Idaho Code / Title 34 / Chapter 1 / Section 34-115
34-115 REFERENCES TO MALE INCLUDE FEMALE AND MASCULINE INCLUDES FEMININE.
Status: in_force

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

History:

[34-115, added 1970, ch. 140, sec. 15, p. 351.]
Idaho Code § 34-604 — Idaho Code / Title 34 / Chapter 6 / Section 34-604
34-604 ELECTION OF UNITED STATES SENATOR — QUALIFICATIONS.
Status: in_force

34-604. Election of United States senator — Qualifications. (1) At the general election, 1972, and every six (6) years thereafter, there shall be elected one (1) United States senator. At the general election, 1974, and every six (6) years thereafter, there shall be elected one (1) United States senator.

(2) No person shall be elected to the office of United States senator unless he has attained the age of thirty (30) years at the time of his election, has been a citizen of the United States at least nine (9) years and shall reside within the state at the time of 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 five hundred dollars ($500) which shall be deposited in the general fund.

History:

[34-604, added 1970, ch. 140, sec. 84, p. 351; am. 1996, ch. 28, sec. 1, p. 68.]
Idaho Code § 34-210 — Idaho Code / Title 34 / Chapter 2 / Section 34-210
34-210 PREPARATION OF BALLOTS, PAPERS, DOCUMENTS, RECORDS, AND OTHER MATERIALS AND SUPPLIES REQUIRED.
Status: in_force

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

History:

[34-210, added 1970, ch. 140, sec. 26, p. 351.]
Idaho Code § 34-1801B — Idaho Code / Title 34 / Chapter 18 / Section 34-1801B
34-1801B INITIATIVE AND REFERENDUM PROCEDURES FOR CITIES.
Status: in_force

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

(1) The city attorney shall perform the duties assigned to the attorney general.

(2) The city clerk shall perform those duties assigned to the secretary of state.

(3) City initiative and referendum elections shall be held on the Tuesday following the first Monday in November in odd-numbered years.

(4) An action brought pursuant to section 34-1809, Idaho Code, challenging the ballot title or short title shall be brought in the district court in the county in which the city is located.

(5) Pursuant to section 34-1809, Idaho Code, the city attorney shall prepare recommendations concerning revision of the initiative or referendum, issue a certificate of review to the city clerk, and shall prepare the ballot title and short title.

(6) To be eligible to sign a petition for city initiative or referendum, a person shall be a qualified elector of the city at the time of signing thereon.

(7) To perfect a petition for city initiative or referendum the petition shall have signatures from at least twenty percent (20%) of the total number of qualified electors voting in the last general city election in November of an odd-numbered year.

(8) The provisions of section 34-1805, Idaho Code, relating to the number of required signatures and geographic distribution of signatures shall not apply to city initiative or referendum.

(9) Any person who circulates a petition for city initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age, and pursuant to section 34-1807, Idaho Code, shall certify their belief that each signer of the petition is a qualified elector of the state of Idaho and the city.

(10) A copy of all petitions and signature sheets shall be kept by the city clerk as a public record.

(11) The prospective petition for referendum, as provided by section 34-1804, Idaho Code, shall be filed not more than sixty (60) days following publication of the adopted ordinance as provided by section 50-901, Idaho Code.

(12) The deadline for submission of signatures to the city clerk is one hundred eighty (180) days after the petitioners for initiative or referendum receive the official ballot title from the city clerk, or April 30 of the year of the initiative or referendum election, whichever is earlier.

(13) Petitioners must submit the signed initiative or referendum petitions to the county clerk for verification not later than the close of business on the first day of May in the year of the initiative or referendum election, or one hundred eighty (180) days after the petitioners receive the official ballot title from the city clerk, whichever is earlier.

(14) The county clerk has sixty (60) calendar days to verify the signatures as provided in subsection (3) of section 34-1802, Idaho Code.

(15) The city council shall have the option to adopt the ordinance proposed by initiative within thirty (30) days after the notification pursuant to section 34-1807, Idaho Code, provided that the petition has the required number of signatures. The city council shall hold a public hearing on the proposed ordinance within the thirty (30) day period, preceded by legal notice published once in the official city newspaper at least seven (7) days preceding the hearing. If the ordinance is not adopted by the council by the end of the thirty (30) day period, the initiative shall be put on the ballot.

(16) As provided by sections 34-1812A through 34-1812C, Idaho Code, a voters' pamphlet shall be prepared by the city clerk.

(17) To be passed into law, an initiative or referendum shall be approved by a majority of the votes cast on the measure.

(18) The mayor shall issue the proclamation provided by section 34-1813, Idaho Code.

(19) The city clerk shall publish an ordinance adopted by initiative or referendum within thirty (30) days after the proclamation by the mayor provided in subsection (18) of this section.

(20) All city ordinances setting forth procedures for initiative or referendum are void on July 1, 2015.

(21) This section does not apply to bond elections.

(22) This section does not apply to any local zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67, Idaho Code.

History:

[34-1801B, added 2015, ch. 285, sec. 2, p. 1157; am. 2018, ch. 238, sec. 2, p. 558.]
Idaho Code § 34-2020 — Idaho Code / Title 34 / Chapter 20 / Section 34-2020
34-2020 LIABILITY FOR COSTS.
Status: in_force

34-2020. Liability for costs. (a) The contestant and the incumbent are liable to the officers and witnesses for the costs made by them respectively. But if the election be confirmed, or the complaint be dismissed, or the prosecution fail, judgment shall be rendered against the contestant for costs, and if the judgment be against the incumbent, or the election be set aside, it shall be against him for costs.

(b) If the 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 returns, the contest costs shall be a charge against the county or political subdivision where the election was held.

History:

[(34-2020) 1890-1891, p. 57, sec. 161; reen. 1899, p. 33, sec. 148; reen. R.C. & C.L., sec. 5045; C.S., sec. 7293; I.C.A., sec. 33-1720; am. 1982, ch. 209, sec. 7, p. 575.]
Idaho Code § 34-2201 — Idaho Code / Title 34 / Chapter 22 / Section 34-2201
34-2201 ELECTION OF DELEGATES.
Status: in_force

34-2201. Election of delegates. Whenever the Congress of the United States has proposed, or shall hereafter propose, an amendment to the Constitution of the United States, and proposes that it be ratified by conventions in the several states, the governor shall fix by proclamation the date of an election, subject to the provisions of section 34-106, Idaho Code, for the purpose of electing delegates to such convention in the state of Idaho. The proclamation for such election shall be issued by the governor under his hand and the great seal of the state of Idaho at least ninety (90) days before such election and copies thereof shall be transmitted to the board of county commissioners of the counties in which such elections are to be held. Such election shall be held at least as soon as the next general election occurring more than three (3) months after the amendment has been proposed by the Congress of the United States.

History:

[34-2201, added 1933, ch. 179, sec. 1, p. 328; am. 1995, ch. 118, sec. 47, p. 467.]
Idaho Code § 34-217 — Idaho Code / Title 34 / Chapter 2 / Section 34-217
34-217 RETENTION OF COUNTY ELECTION RECORDS.
Status: in_force

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

(1) The following records shall be retained for not less than five (5) years:

(a) Voter registration cards for electors whose registration has been terminated;

(b) Correspondence relating to an elector's voter registration;

(c) Combination election record and poll book, including the ballot accounting page;

(d) Declaration of candidacy and petition of candidacy forms filed with the county clerk;

(e) Maps of precinct boundaries with legal descriptions;

(f) List of absentee voters; and

(g) County initiatives and petitions that qualify for placement on the ballot.

(2) The following shall be retained for two (2) years:

(a) Completed absentee ballot request forms;

(b) Tally books;

(c) Voted ballots;

(d) Any ballots that were required to be duplicated before being counted;

(e) Certified lists of candidates or declaration of candidacy forms from special districts used for ballot preparation;

(f) Certified ballot language from special districts for any question placed on the ballot; and

(g) Absentee ballot affidavit envelopes, including the indication of the signature's acceptance or rejection.

(3) The following shall be maintained for one (1) year:

(a) Notice of election;

(b) Personal identification affidavit;

(c) Ballot tracking logs;

(d) Automated tabulation election logs;

(e) Copy of the election definition and program used in tabulating ballots electronically and in the ballot marking device; and

(f) Record of the number of ballots printed and furnished to each polling place.

(4) Other election supplies, including but not limited to unused ballots, official election ballot identification or official ballot stamps, receipts for supplies, and spoiled ballots, may be disposed of sixty (60) days following the deadline for requesting a recount or filing an election contest pursuant to chapters 20 and 21, title 34, Idaho Code.

History:

[34-217, added 2011, ch. 285, sec. 2, p. 779; am. 2012, ch. 211, sec. 2, p. 573; am. 2013, ch. 285, sec. 1, p. 735; am. 2018, ch. 78, sec. 1, p. 177; am. 2021, ch. 262, sec. 2, p. 807.]
Idaho Code § 34-2028 — Idaho Code / Title 34 / Chapter 20 / Section 34-2028
34-2028 CONTEST OF NOMINATION AT PRIMARIES.
Status: in_force

34-2028. Contest of nomination at primaries. A candidate at a primary election may contest the nomination of any candidate for the same office based upon the grounds as set out in this chapter.

History:

[34-2028, added 1982, ch. 209, sec. 10, p. 576.]
Idaho Code § 34-1708 — Idaho Code / Title 34 / Chapter 17 / Section 34-1708
34-1708 FORM OF RECALL BALLOT.
Status: in_force

34-1708. Form of recall ballot. The ballot at any recall election shall be headed "RECALL BALLOT" and on the ballot shall be printed in not more than two hundred (200) words the reason for demanding the recall of the officer named in the recall petition, and in not more than two hundred (200) words the officer's justification of his course in office. Then the question of whether the officer should be recalled shall be placed on the ballot in a form substantially similar to the following:

□ FOR recalling ….. who holds office of ….

□ AGAINST recalling ….. who holds office of ….

History:

[I.C., sec. 34-1708, as added by 1972, ch. 283, sec. 3, p. 703; am. 1989, ch. 344, sec. 3, p. 871.]
Idaho Code § 34-623 — Idaho Code / Title 34 / Chapter 6 / Section 34-623
34-623 ELECTION OF COUNTY PROSECUTING ATTORNEYS — QUALIFICATIONS.
Status: in_force

34-623. Election of county prosecuting attorneys — Qualifications. (1) At the general election, 1984, and every four (4) years thereafter, a prosecuting attorney shall be elected in every county.

(2) No person shall be elected to the office of prosecuting attorney unless he has attained the age of twenty-one (21) years at the time of his election, is admitted to the practice of law within this state, is a citizen of the United States and a qualified elector within the county.

(3) Each candidate shall file his declaration of candidacy with the county clerk.

(4) Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

History:

[34-623, added 1970, ch. 140, sec. 103, p. 351; am. 1972, ch. 115, sec. 1, p. 230; am. 1984, ch. 80, sec. 1, p. 147; am. 1996, ch. 28, sec. 19, p. 74.]
Idaho Code § 34-713 — Idaho Code / Title 34 / Chapter 7 / Section 34-713
34-713 PREPARATION OF PRIMARY BALLOTS.
Status: in_force

34-713. Preparation of primary ballots. (1) Upon receipt of the sample ballot and instructions from the secretary of state, each county clerk shall print and prepare the official primary ballots for the forthcoming election. The printing of the ballots shall be a county expense and paid out of the county treasury.

(2) Each county clerk shall cause to be published on the earliest date possible in May the names of all the political party candidates who shall appear on the primary ballot. The names shall be listed alphabetically under each particular office title.

History:

[34-713, added 1970, ch. 140, sec. 117, p. 351; am. 1975, ch. 174, sec. 13, p. 469; am. 1976, ch. 60, sec. 9, p. 205; am. 1979, ch. 309, sec. 7, p. 837; am. 2012, ch. 33, sec. 3, p. 103; am. 2015, ch. 292, sec. 5, p. 1168; am. 2023, ch. 208, sec. 5, p. 576.]
Idaho Code § 34-1109 — Idaho Code / Title 34 / Chapter 11 / Section 34-1109
34-1109 SPOILED BALLOTS.
Status: in_force

34-1109. Spoiled ballots. No person shall take or remove any ballot from the polling place. If an elector inadvertently or by mistake spoils a ballot, he shall return it folded to the distributing clerk, who shall give him another ballot. The ballot thus returned shall, without examination, be immediately cancelled by writing across the back, or outside of the ballot as folded, the words "spoiled ballot, another issued," and deposit the spoiled ballot in a box provided for that purpose.

History:

[34-1109, added 1970, ch. 140, sec. 181, p. 351.]
Idaho Code § 34-618 — Idaho Code / Title 34 / Chapter 6 / Section 34-618
34-618 ELECTION OF COUNTY SHERIFFS — QUALIFICATIONS.
Status: in_force

34-618. Election of county sheriffs — Qualifications. (1) At the general election, 1972, and every four (4) years thereafter, a sheriff shall be elected in every county.

(2) No person shall be elected to the office of sheriff unless he has attained the age of twenty-one (21) years at the time of election, is a citizen of the United States and shall have resided within the county one (1) year next preceding his election.

(3) Each candidate shall file his declaration of candidacy with the county clerk.

(4) Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

(5) Each person who has been elected to the office of sheriff for the first time shall complete a tutorial concerning current Idaho law and rules as prescribed by the Idaho peace officers standards and training academy, unless the person is already certified as a chief of police, peace officer or detention deputy in the state of Idaho, and shall attend the newly elected sheriffs' school sponsored by the Idaho sheriffs' association.

History:

[34-618, added 1970, ch. 140, sec. 98, p. 351; am. 1996, ch. 28, sec. 14, p. 72; am. 2008, ch. 329, sec. 1, p. 901.]
Idaho Code § 34-1005 — Idaho Code / Title 34 / Chapter 10 / Section 34-1005
34-1005 RETURN OF ABSENTEE BALLOT.
Status: in_force

34-1005. Return of absentee ballot. (1) The return envelope shall be mailed or delivered to the officer who issued the same; provided, that an absentee ballot must be received by the issuing officer by 8:00 p.m. on the day of election before such ballot may be counted.

(2) Upon receipt of an absent elector's ballot, the county clerk of the county wherein such elector resides shall verify the authenticity of the affidavit, including verifying that the signature matches the signature from such elector's voter registration, and shall write or stamp upon the envelope containing the same, the date and hour such envelope was received in his office and shall record the information pursuant to section 34-1011, Idaho Code. He shall safely keep and preserve all absent electors' ballots unopened until the time prescribed for delivery to the polls or to the central count ballot processing center.

History:

[34-1005, added 1970, ch. 140, sec. 166, p. 351; am. 1972, ch. 157, sec. 2, p. 349; am. 1995, ch. 215, sec. 13, p. 753; am. 2007, ch. 202, sec. 4, p. 621; am. 2011, ch. 285, sec. 10, p. 782; am. 2021, ch. 262, sec. 3, p. 808.]
Idaho Code § 34-2003 — Idaho Code / Title 34 / Chapter 20 / Section 34-2003
34-2003 MISCONDUCT OF JUDGES.
Status: in_force

34-2003. Misconduct of judges. When the misconduct complained of is on the part of the judges of election, it shall not be held sufficient to set aside the election, unless the vote of the precinct, township or ward would change the result as to that office.

History:

[(34-2003) 1890-1891, p. 57, sec. 134; reen. 1899, p. 33, sec. 121; reen. R.C. & C.L., sec. 5028; C.S., sec. 7276; I.C.A., sec. 33-1703.]
Idaho Code § 34-304 — Idaho Code / Title 34 / Chapter 3 / Section 34-304
34-304 CHALLENGERS — WATCHERS.
Status: in_force

34-304. Challengers — Watchers. The county clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the day of election, direct that the election judges permit one (1) person authorized by each political party, if the election is a partisan election, to be at the polling place for the purpose of challenging voters, and shall, if requested, permit any one (1) person authorized by a candidate, several candidates or political party, to be present to serve as a watcher to observe the conduct of the election. Such authorization shall be evidenced by a writing signed by the county chairman and secretary of the political party, if the election is a partisan election, or by the candidate or candidates, and filed with the county clerk. Where the issue before the electors is other than the election of officers, the clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the date of voting on the issue or issues, direct that the election judges permit one (1) pro and one (1) con person to be at the polling place for the purpose of challenging voters and to observe the conduct of the election. Such authorization shall be evidenced in writing signed by the requesting person and shall state which position relative to the issue or issues the person represents. Persons who are authorized to serve as challengers or watchers shall wear a visible name tag which includes their respective titles. A watcher is entitled to observe any activity conducted at the location at which the watcher is serving, provided however, that the watcher does not interfere with the orderly conduct of the election. If the watchers are present at the polling place when ballots are counted they shall not absent themselves until the polls are closed. A watcher serving at a central counting station may be present at any time the station is open for the purpose of processing or preparing to process election results and until the election officers complete their duties at the station. If the county clerk does not receive the list of names of those desired to be present for the purpose of either poll watching or challenging within the time prescribed above, the clerk shall not allow the presence of such persons later seeking to serve in those capacities.

History:

[34-304, added 1970, ch. 140, sec. 35, p. 351; am. 1972, ch. 141, sec. 2, p. 308; am. 1973, ch. 304, sec. 3, p. 646; am. 2006, ch. 70, sec. 1, p. 214; am. 2009, ch. 341, sec. 56, p. 1031.]
Idaho Code § 34-1706 — Idaho Code / Title 34 / Chapter 17 / Section 34-1706
34-1706 EXAMINATION AND CERTIFICATION OF SIGNATURES.
Status: in_force

34-1706. Examination and certification of signatures. All petitions with attached signature sheets shall be filed on the same day with the secretary of state or county clerk, as the case may be. The secretary of state shall promptly transmit the petitions and attached signature sheets to the appropriate county clerks. An examination to verify whether or not the petition signers are qualified electors shall be conducted by the county clerk and a certificate shall be attached to the signature sheets as provided in section 34-1807, Idaho Code. This examination shall not exceed fifteen (15) business days from the date of receipt of the petitions.

History:

[34-1706, added 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 3, p. 302; am. 1995, ch. 266, sec. 4, p. 852; am. 2004, ch. 164, sec. 3, p. 535; am. 2013, ch. 135, sec. 7, p. 313; am. 2021, ch. 325, sec. 7, p. 996.]
Idaho Code § 34-1207 — Idaho Code / Title 34 / Chapter 12 / Section 34-1207
34-1207 CANVASS REPORT.
Status: in_force

34-1207. Canvass Report. (1) After the canvass of the votes for each office, the board shall cause the county clerk to complete a canvass report, which shall then be signed by each member of the board. The canvass report shall be in a form and contain information as prescribed by the secretary of state and be uniform throughout the state. The canvass report shall also include the total number of votes cast for each candidate for office by county and legislative district, the total number of affirmative and negative votes cast for any special question, and any overvotes or undervotes cast by county.

(2) The county clerk shall forward to the secretary of state the completed and signed canvass report for all candidates for federal, state or district offices.

History:

[34-1207, added 1970, ch. 140, sec. 191, p. 351; am. 2024, ch. 201, sec. 1, p. 716.]
Idaho Code § 34-905 — Idaho Code / Title 34 / Chapter 9 / Section 34-905
34-905 NONPARTISAN BALLOTS FOR ELECTION OF JUSTICES OF SUPREME COURT, JUDGES OF THE COURT OF APPEALS, AND DISTRICT JUDGES.
Status: in_force

34-905. Nonpartisan ballots for election of justices of supreme court, judges of the court of appeals, and district judges. There shall be a single nonpartisan ballot for the election of justices of the supreme court, judges of the court of appeals, and district judges. The names of all candidates for each office shall be listed under the proper office title by the secretary of state. A similar ballot shall be prepared for any general election, whenever it shall be necessary to conduct an election for judicial office.

History:

[34-905, added 1970, ch. 140, sec. 125, p. 351; am. 1970, ch. 231, sec. 5, p. 643; am. 1971 (E.S.), ch. 9, sec. 8, p. 20; am. 2023, ch. 210, sec. 3, p. 587.]
Idaho Code § 34-2104 — Idaho Code / Title 34 / Chapter 21 / Section 34-2104
34-2104 GROUNDS OF CONTEST.
Status: in_force

34-2104. Grounds of contest. The election of any person to any legislative or state executive office may be contested:

(1) For misconduct, fraud or corruption as provided in section 34-2107, Idaho Code, on the part of one (1) or more judges of election in any precinct or township, or on the part of one (1) or more members of any board of canvassers sufficient to change the result;

(2) When, in an election contest regarding a legislative seat, the contestee was not eligible for the office at the time of the election as provided in section 34-614, Idaho Code;

(3) When, in an election contest regarding an executive office, the contestee was not eligible for the office at the time of the election as provided in chapter 6 of this title;

(4) When the contestee has been convicted of one (1) or more felonies, unless at the time of the election his civil rights have been restored;

(5) When the contestee has been charged with giving or offering to any elector, clerk, or canvasser of the election, or to any judge as provided in section 34-2107, Idaho Code, any bribe or reward in money or property, for the purpose of procuring his election;

(6) When the contestee has been charged with violating one (1) or more of the provisions found in sections 18-2301 through 18-2313, Idaho Code;

(7) When illegal votes have been received or legal votes rejected at the polls sufficient to change the result;

(8) For any error in any board of canvassers in counting votes or in declaring the result of the election, if the error would change the result;

(9) When the contestee holds the office of the state treasurer or the state controller as provided in section 1, article IV, of the constitution of the state of Idaho, and is in default as a collector and custodian of public money or property;

(10) For any other cause or allegation which, if sustained, would show that a person other than the contestee was the person duly elected to the office in question.

History:

[34-2104, added 2017, ch. 293, sec. 2, p. 768.]
Idaho Code § 34-706 — Idaho Code / Title 34 / Chapter 7 / Section 34-706
34-706 NOTIFICATION TO PARTIES.
Status: in_force

34-706. Notification to parties. Within three (3) days after the deadline for filing declarations of political party candidacy, the county clerk shall notify the county central committee of each political party of the candidates who have filed for county offices, single countywide highway district offices pursuant to section 40-1404A, Idaho Code, and precinct offices under the party name and are qualified.

Within three (3) days after the deadline for filing declarations of political party candidacy, the secretary of state shall notify the legislative district central committee of each political party of the legislative candidates who have filed under the party name and are qualified.

Within three (3) days after the deadline for filing declarations of political party candidacy, the secretary of state shall notify the state central committee of each political party of the candidates who have filed for federal and state offices under the party name and are qualified.

History:

[34-706, added 1971, ch. 5, sec. 5, p. 11; am. 1971, ch. 188, sec. 2, p. 867; am. 1971 (E.S.), ch. 9, sec. 4, p. 20; am. 1976, ch. 60, sec. 5, p. 203; am. 1989, ch. 70, sec. 2, p. 112; am. 2026, ch. 333, sec. 7, p. 1310.]
Idaho Code § 34-504 — Idaho Code / Title 34 / Chapter 5 / Section 34-504
34-504 STATE CENTRAL COMMITTEE — MEMBERSHIP.
Status: in_force

34-504. State central committee — Membership. The state central committee of each political party shall consist of all legislative district chairmen, all county central committee chairmen, all state committeemen, and state committeewomen selected by the county central committees. Each of the above members of the state central committee shall be entitled to vote at all meetings of the state central committee.

History:

[34-504, added 1970, ch. 140, sec. 77, p. 351.]
Idaho Code § 34-1705 — Idaho Code / Title 34 / Chapter 17 / Section 34-1705
34-1705 VERIFICATION ON SHEETS FOR SIGNATURES.
Status: in_force

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

State of Idaho

ss.

County of

I, …., swear, under penalty of perjury, that I am a resident of the State of Idaho and at least eighteen (18) years of age; and that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence. I believe that each has stated his or her name and the accompanying required information on the signature sheet correctly, and that the person was eligible to sign this petition.

Subscribed and sworn to before me this …. day of …., …..

(Notary Seal)

History:

[34-1705, as added by 1972, ch. 283, sec. 3, p. 703; am. 2004, ch. 164, sec. 2, p. 534.]
Idaho Code § 34-409 — Idaho Code / Title 34 / Chapter 4 / Section 34-409
34-409 ELECTRONIC REGISTRATION.
Status: in_force

34-409. electronic registration. (1) The office of the secretary of state may create and maintain an electronic system for voter registration that is publicly available on its official website. Any qualified elector who has a current valid driver's license or identification card issued pursuant to title 49, Idaho Code, that reflects the person's current principal place of residence, may register to vote by submitting a completed voter registration application electronically through such website. Electronic voter registration applications shall be submitted before the close of registration as provided in section 34-408, Idaho Code.

(2) The electronic voter registration application shall be in a form prescribed by the secretary of state and shall:

(a) Require the information under oath or affirmation set forth in section 34-411, Idaho Code;

(b) Include notice of the requirement to provide personal identification before voting at the polls as set forth in sections 34-1113 and 34-1114, Idaho Code; and

(c) Require an electronic signature of the applicant.

(3) The office of the secretary of state shall obtain a digital copy of the applicant's driver's license or identification card signature from the Idaho transportation department. The Idaho transportation department shall, upon request of the office of the secretary of state, provide a digital copy of the applicant's driver's license or identification card signature.

(4) Upon receipt of a completed voter registration application and a digital copy of the applicant's driver's license or identification card signature from the Idaho transportation department, the office of the secretary of state shall send the information to the county clerk for the county in which the applicant resides. The county clerk shall prepare and issue to each elector registering electronically 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. Such verification of registration may be sent by nonforwardable first-class mail or by electronic mail at the elector's option. If a verification is returned undeliverable, then the county clerk shall remove the elector from the register of electors.

(5) An applicant using the electronic system for voter registration pursuant to this section shall not be required to complete a printed registration card.

(6) The office of the secretary of state shall use such security measures necessary to ensure the accuracy and integrity of an electronically submitted voter registration application.

History:

[34-409, added 2016, ch. 359, sec. 1, p. 1052.]
Idaho Code § 34-2031 — Idaho Code / Title 34 / Chapter 20 / Section 34-2031
34-2031 SECURITY FOR COSTS.
Status: in_force

34-2031. Security for costs. Upon filing of the affidavit the contestant shall file with the court a bond, in the amount of five hundred dollars ($500), to be used to pay costs of the contestee in the event the primary election be confirmed or the prosecution fail.

History:

[34-2031, added 1982, ch. 209, sec. 13, p. 577.]
Idaho Code § 34-608 — Idaho Code / Title 34 / Chapter 6 / Section 34-608
34-608 ELECTION OF LIEUTENANT GOVERNOR — QUALIFICATIONS.
Status: in_force

34-608. Election of lieutenant governor — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, there shall be elected a lieutenant governor.

(2) No person shall be elected to the office of lieutenant governor unless he shall have attained the age of thirty (30) years at the time of his election, is a citizen of the United States 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:

[34-608, added 1970, ch. 140, sec. 88, p. 351; am. 1996, ch. 28, sec. 4, p. 69.]
Idaho Code § 34-2123 — Idaho Code / Title 34 / Chapter 21 / Section 34-2123
34-2123 SECURITY FOR COSTS.
Status: in_force

34-2123. Security for costs. Upon filing of the affidavit, the contestor must file with the court a bond in the amount of one thousand dollars ($1,000) to be used to pay costs of the contestee in the event the primary election be confirmed or the prosecution fail.

History:

[34-2123, added 2017, ch. 293, sec. 2, p. 774.]
Idaho Code § 34-1823 — Idaho Code / Title 34 / Chapter 18 / Section 34-1823
34-1823 SEVERABILITY.
Status: in_force

34-1823. Severability. In the event that any part of chapter 18, title 34, Idaho Code, shall for any reason be determined void or unenforceable in any part thereof, the remainder thereof shall remain in full force and effect.

History:

[34-1823, added 1997, ch. 266, sec. 11, p. 763.]
Idaho Code § 34-434 — Idaho Code / Title 34 / Chapter 4 / Section 34-434
34-434 RETENTION OF NOTICES AND CORRESPONDENCE RELATING TO CORRECTION OF ELECTION REGISTERS.
Status: in_force

34-434. Retention of notices and correspondence relating to correction of election registers. Copies of all notices and other correspondence issued pursuant to the directives contained in sections 67 and 68 of this act [34-432, 34-433, Idaho Code,] shall be retained by the county clerk for a period of two (2) years from date of mailing.

History:

[34-434, added 1970, ch. 140, sec. 69, p. 351.]
Idaho Code § 34-2216 — Idaho Code / Title 34 / Chapter 22 / Section 34-2216
34-2216 SHORT TITLE.
Status: in_force

34-2216. Short title. This act, sections 34-2201—34-2216, may be cited as the "Constitutional Convention Act."

History:

[34-2216, added 1933, ch. 179, sec. 16, p. 328.]
Idaho Code § 34-208 — Idaho Code / Title 34 / Chapter 2 / Section 34-208
34-208 DUTIES OF COUNTY CLERKS RELATING TO SUPERVISION OF ELECTION LAWS.
Status: in_force

34-208. Duties of county clerks relating to supervision of election laws. In carrying out his exercise of general supervision under section 34-206, each county clerk shall:

(1) Require that each local election official shall use such ballots, papers, documents, records and other materials and supplies as directed by the secretary of state.

(2) Require each local election official in his county to submit reports pertaining to the administration of the election laws by such local election official. Each local election official shall comply with any such requirement.

(3) Inspect and observe the administration of the election laws by any local election official in his county at any time he deems necessary.

(4) Carry on a program of in-service training for local election officials in his county by periodically distributing to them such bulletins, manuals and other informational instructional materials and by establishing and conducting such classes of instruction pertaining to the administration of the election laws by local election officials as the county clerk considers desirable.

History:

[34-208, added 1970, ch. 140, sec. 24, p. 351; am. 1971, ch. 69, sec. 3, p. 155.]
Idaho Code § 34-715 — Idaho Code / Title 34 / Chapter 7 / Section 34-715
34-715 FILLING OF VACANCIES OCCURRING BEFORE OR AFTER PRIMARY ELECTION.
Status: in_force

34-715. Filling of vacancies occurring before or after primary election. (1) Vacancies that occur after 5:00 p.m. on the eighth Friday before a primary election, or after the primary election but before 5:00 p.m. on the eighth Friday before the general election in the slate of candidates of any political party because of the death or disqualification for any reason of a candidate, except candidates for precinct committeeman, shall be filled in the following manner if there is only one (1) candidate declared from the political party for that particular office:

(a) By the county central committee if it is a vacancy by a candidate for a county office or a single countywide highway district office pursuant to section 40-1404A, Idaho Code.

(b) By the legislative district central committee if it is a vacancy by a candidate for the state legislature.

(c) By the state central committee if it is a vacancy by a candidate for a federal or a state office.

(d) If the party candidate for a particular office dies or is disqualified after 5:00 p.m. on the eighth Friday before the general election, such candidate's name shall remain on the ballot. If the deceased or disqualified candidate wins the general election, the resulting vacancy shall be filled pursuant to chapter 9, title 59, Idaho Code.

(2) The county and legislative district central committee shall fill the vacancy within fifteen (15) days from the date the vacancy occurred. The state central committee shall fill the vacancy within thirty (30) days from the date the vacancy occurred, but no later than 5:00 p.m. on the eighth Friday before the general election.

(3) Any political party candidate so appointed by the proper central committee must, in order to have his name on the general ballot, file a declaration of candidacy and pay the required filing fee no later than 5:00 p.m. on the eighth Friday before the general election.

(4) Vacancies that occur in a slate of candidates for precinct committeeman after 5:00 p.m. on the eighth Friday before the primary election shall not be filled.

History:

[34-715, added 1970, ch. 140, sec. 119, p. 351; am. 1972, ch. 346, sec. 4, p. 1015; am. 1976, ch. 60, sec. 11, p. 207; am. 1977, ch. 21, sec. 1, p. 43; am. 1983, ch. 213, sec. 7, p. 592; am. 1996, ch. 28, sec. 27, p. 77; am. 1999, ch. 222, sec. 2, p. 589; am. 2025, ch. 113, sec. 15, p. 607; am. 2026, ch. 333, sec. 11, p. 1312.]
Idaho Code § 34-418 — Idaho Code / Title 34 / Chapter 4 / Section 34-418
34-418 WEEKLY REVIEW OF NEW VOTER REGISTRATIONS — REPORT TO INTERESTED OFFICIALS.
Status: in_force

34-418. Weekly review of new voter registrations — Report to interested officials. (1) Each week the county clerk shall review the registration cards of all newly registered electors for the past weekly period to determine whether they have been previously registered to vote in another state or in another county within this state. The county clerk or secretary of state, through the statewide voter registration system, shall notify the proper registration official or county clerk where the elector was previously registered so that the prior registration may be canceled. The form of such notice shall be prescribed by the secretary of state.

(2) The secretary of state, in conjunction with the county clerks, shall make an annual report to the legislature regarding voter registration maintenance actions performed by them.

History:

[34-418, added 1970, ch. 140, sec. 53, p. 351; am. 2006, ch. 70, sec. 2, p. 215; am. 2022, ch. 172, sec. 1, p. 567.]
Idaho Code § 34-2403 — Idaho Code / Title 34 / Chapter 24 / Section 34-2403
34-2403 APPLICABILITY OF OTHER LAWS.
Status: in_force

34-2403. Applicability of other laws. All election laws, including, but not limited to, bond election laws, city charters or ordinances, not inconsistent with this chapter, shall apply to all elections in election precincts where voting machines or vote tally systems are used. No provision of law, city charter or ordinance which in any way conflicts with this chapter or with the use of voting machines or vote tally systems as provided in this chapter, shall operate to prohibit use of voting machines or vote tally systems in any election or bond issue election.

History:

[I.C., sec. 34-2403, as added by 1974, ch. 3, sec. 5, p. 17.]
Idaho Code § 34-1103 — Idaho Code / Title 34 / Chapter 11 / Section 34-1103
34-1103 OPENING BALLOT BOXES.
Status: in_force

34-1103. Opening ballot boxes. (1) In the presence of bystanders the judges of elections shall break the sealed packages of election ballots and other supplies.

(2) Before receiving any ballots the judges shall open and exhibit, close and lock the ballot boxes, and thereafter they shall not be removed from the polling place until all ballots are counted. They shall not be opened until the polls are closed unless the precinct is using a duplicate set of ballot boxes.

History:

[34-1103, added 1970, ch. 140, sec. 175, p. 351; am. 2013, ch. 285, sec. 5, p. 737.]
Idaho Code § 34-1715 — Idaho Code / Title 34 / Chapter 17 / Section 34-1715
34-1715 REFUSAL TO ACCEPT PETITION — MANDATE — INJUNCTION.
Status: in_force

34-1715. Refusal to accept petition — Mandate — Injunction. If the secretary of state or county clerk refuses to accept and file any petition for the recall of a public officer with the requisite number of eligible signatures, any citizen may apply within ten (10) business days after such refusal to the district court for a writ of mandamus to compel him to do so. If it shall be decided by the court that such petition is legally sufficient, the secretary of state or county clerk shall then accept and file the recall petition, with a certified copy of the judgment attached thereto, as of the date on which it was originally offered for filing in his office, except that the time limitations required by section 34-1704(2), Idaho Code, shall begin to run only as of the date of the court judgment, which shall be so stated in the judgment. On a showing that the petition is not legally sufficient, the court may enjoin the secretary of state or county clerk and all other officers from certifying or printing any official ballot for a recall election. All such suits shall be advanced on the court docket and heard and decided by the court as quickly as possible. Either party may appeal to the court of appeals within ten (10) business days after a decision is rendered. The district court of the state of Idaho in and for Ada County shall have jurisdiction in all cases involving the recall of state officers.

History:

[34-1715, added 1972, ch. 283, sec. 3, p. 703; am. 2004, ch. 164, sec. 7, p. 540; am. 2021, ch. 325, sec. 11, p. 998.]
Idaho Code § 34-1812B — Idaho Code / Title 34 / Chapter 18 / Section 34-1812B
34-1812B SUBMISSION OF REBUTTAL ARGUMENTS.
Status: in_force

34-1812B. Submission of rebuttal arguments. When the secretary of state has received the arguments which will be printed in the voters' pamphlet, the secretary of state shall immediately send copies of the arguments in favor of the proposition to the authors of the arguments against and copies of the arguments against to the authors of the arguments in favor. The authors may prepare and submit rebuttal arguments not exceeding two hundred and fifty (250) words. The rebuttal arguments must be filed no later than August 10. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

History:

[34-1812B, added 1979, ch. 135, sec. 3, p. 431; am. 2025, ch. 305, sec. 3, p. 1301.]
Idaho Code § 34-1405A — Idaho Code / Title 34 / Chapter 14 / Section 34-1405A
34-1405A WITHDRAWAL OF CANDIDACY.
Status: in_force

34-1405A. withdrawal of candidacy. A candidate for nomination or candidate for election to an office may withdraw from the election by filing a notarized statement of withdrawal with the officer with whom his declaration of candidacy was filed. The statement must contain all information necessary to identify the candidate and the office sought and the reason for withdrawal. A candidate may not withdraw later than 5:00 p.m. on the ninth Friday before an election.

History:

[34-1405A, added 2011, ch. 11, sec. 17, p. 33; am. 2019, ch. 96, sec. 12, p. 350; am. 2025, ch. 113, sec. 20, p. 610.]
Idaho Code § 34-2209 — Idaho Code / Title 34 / Chapter 22 / Section 34-2209
34-2209 ORGANIZATIONAL POWERS OF CONVENTION.
Status: in_force

34-2209. Organizational powers of convention. The convention shall be the judge of the election and qualification of its members; and shall have the power to elect its president, secretary and other officers and/or employees and to adopt its own rules.

History:

[34-2209, added 1933, ch. 179, sec. 9, p. 328.]
Idaho Code § 34-2124 — Idaho Code / Title 34 / Chapter 21 / Section 34-2124
34-2124 FRAUD OR ERROR BY THE ELECTION OFFICIAL.
Status: in_force

34-2124. 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 court costs must be a charge against the state of Idaho.

History:

[34-2124, added 2017, ch. 293, sec. 2, p. 774.]
Idaho Code § 34-106 — Idaho Code / Title 34 / Chapter 1 / Section 34-106
34-106 LIMITATION ON ELECTIONS.
Status: in_force

34-106. Limitation on elections. On and after January 1, 2011, notwithstanding any other provisions of the law to the contrary, there shall be no more than two (2) elections conducted in any county in any calendar year, except as provided in this section or section 34-220, Idaho Code, and except that elections to fill vacancies in the United States house of representatives shall be held as provided in the governor's proclamation.

(1) The dates on which elections may be conducted are:

(a) The third Tuesday in May of each year; and

(b) The Tuesday following the first Monday in November of each year.

(c) In addition to the elections specified in paragraphs (a) and (b) of this subsection and subsection (7) of this section, an emergency election may be called upon motion of the governing board of a political subdivision. An emergency exists when there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or when it is necessary to do emergency work to prepare for national or local defense or to safeguard life, health or property.

(2) Candidates for office elected in May shall take office on the date specified in the certificate of election but not more than sixty (60) days following the election.

(3) Candidates for office elected in November shall take office as provided in the constitution or on January 1 next succeeding the November election.

(4) The governing board of each political subdivision subject to the provisions of this section that, prior to January 1, 2011, conducted an election for members of that governing board on a date other than a date permitted in subsection (1) of this section shall establish as the election date for that political subdivision the date authorized in subsection (1) of this section that falls nearest the date on which elections were previously conducted, unless another date is established by law.

(5) The secretary of state is authorized to provide such assistance as necessary and to prescribe any needed rules or interpretations for the conduct of an election authorized under the provisions of this section.

(6) Water districts governed by chapter 6, title 42, Idaho Code, are exempt from the provisions of this section.

(7) Community colleges governed by chapter 21, title 33, Idaho Code, and school districts are subject to the limitations specified in subsection (1) of this section.

(8) A city initiative or referendum election shall be held on the Tuesday following the first Monday in November of odd-numbered years. A county initiative or referendum election or a bond, levy or other ballot question election conducted by any political subdivision shall be held on the nearest date authorized in subsection (1) of this section as long as the ballot language for any question to be placed on the ballot is submitted to the county clerk no later than 5:00 p.m. on the tenth Friday before the election.

(9) Recall elections may be held on any of the dates authorized in subsection (1) of this section as long as the recall petition is certified no later than the tenth Friday before the next scheduled election.

(10) Irrigation districts governed by title 43, Idaho Code, are subject to the limitations specified in subsection (1) of this section, except that irrigation districts may also hold an election on the first Tuesday in February of each year and on the first Tuesday in August of each year on questions required to be voted on by title 43, Idaho Code.

History:

[34-106, added 1992, ch. 176, sec. 2, p. 554; am. 1993, ch. 313, sec. 3, p. 1158; am. 2007, ch. 92, sec. 2, p. 272; am. 2009, ch. 341, sec. 55, p. 1030; am. 2010, ch. 185, sec. 6, p. 386; am. 2011, ch. 11, sec. 11, p. 30; am. 2013, ch. 135, sec. 3, p. 308; am. 2015, ch. 285, sec. 1, p. 1155; am. 2015, ch. 292, sec. 2, p. 1167; am. 2018, ch. 238, sec. 1, p. 557; am. 2022, ch. 73, sec. 2, p. 213; am. 2023, ch. 200, sec. 3, p. 543; am. 2023, ch. 208, sec. 2, p. 574; am. 2023, ch. 218, sec. 7, p. 611; am. 2024, ch. 237, sec. 7, p. 827; am. 2025, ch. 113, sec. 5, p. 602.]
Idaho Code § 34-1408 — Idaho Code / Title 34 / Chapter 14 / Section 34-1408
34-1408 ABSENTEE BALLOTS.
Status: in_force

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

History:

[34-1408, added 1992, ch. 176, sec. 4, p. 558; am. 2010, ch. 185, sec. 11, p. 388.]
Idaho Code § 34-1011 — Idaho Code / Title 34 / Chapter 10 / Section 34-1011
34-1011 COUNTY CLERK'S RECORD OF APPLICATIONS FOR ABSENT ELECTOR'S BALLOTS.
Status: in_force

34-1011. County clerk's record of applications for absent elector's ballots. (1) The county clerk shall keep a record in his office containing a list of names and precinct numbers of electors making application for absent elector's ballots, together with the date on which such application was made and the date on which such absent elector's ballot was returned.

(2) If an absent elector's ballot is not returned or if it be rejected and not counted, such fact shall be noted on the record.

(3) If an absent elector's ballot is returned to the county clerk by the United States post office as undeliverable, the county clerk shall investigate the validity of the absent elector's registration, and the results of the investigation shall be noted on the record. The secretary of state may promulgate rules to implement proper procedures for investigating the validity of an absent elector's registration.

(4) Such record shall be open to public inspection under proper regulations.

History:

[34-1011, added 1970, ch. 140, sec. 172, p. 351; am. 2022, ch. 173, sec. 1, p. 568.]
Idaho Code § 34-2210 — Idaho Code / Title 34 / Chapter 22 / Section 34-2210
34-2210 JOURNAL OF PROCEEDINGS.
Status: in_force

34-2210. Journal of proceedings. The convention shall keep a journal of its proceedings in which shall be recorded the vote of each delegate on the question of ratification of the proposed amendment. Upon final adjournment the journal shall be certified to by the president and secretary of the convention and be filed with the secretary of state.

History:

[34-2210, added 1933, ch. 179, sec. 10, p. 328.]
Idaho Code § 34-407 — Idaho Code / Title 34 / Chapter 4 / Section 34-407
34-407 PROCEDURE FOR REGISTRATION.
Status: in_force

34-407. Procedure for registration. (1) Any county clerk or official registrar shall register without charge any elector who personally appears in the office of the county clerk or before the official registrar, as the case may be, and requests to be registered.

(2) Upon receipt of a written application to the county clerk from any elector who, by reason of illness or physical incapacity is prevented from personally appearing in the office of the county clerk or before an official registrar, the county clerk or an official registrar so directed by the county clerk shall register such elector at the place of abode of the elector.

History:

[34-407, added 1970, ch. 140, sec. 42, p. 351; am. 1971, ch. 192, sec. 4, p. 874; am. 1991, ch. 337, sec. 1, p. 874; am. 1995, ch. 215, sec. 2, p. 748.]
Idaho Code § 34-420 — Idaho Code / Title 34 / Chapter 4 / Section 34-420
34-420 NO ELECTOR'S REGISTRATION SHALL BE CANCELED WHILE SERVING IN THE ARMED FORCES — EXCEPTION.
Status: in_force

34-420. No elector's registration shall be canceled while serving in the armed forces — Exception. Except as provided in section 34-435, Idaho Code, or for registering to vote in another jurisdiction, no elector's registration shall be canceled, nor shall he be deprived of his right to vote at any election by reason of the removal of his official registration application from the register of electors, during any period that he is serving in the armed forces of the United States or of any ally of the United States.

History:

[34-420, added 1970, ch. 140, sec. 55, p. 351; am. 1987, ch. 20, sec. 1, p. 27; am. 2016, ch. 359, sec. 8, p. 1056; am. 2019, ch. 96, sec. 6, p. 346.]
Idaho Code § 34-1203A — Idaho Code / Title 34 / Chapter 12 / Section 34-1203A
34-1203A POSTELECTION AUDIT OF SELECTED BALLOTS.
Status: in_force

34-1203A. postelection audit of selected ballots.

(1)(a) After the completion of all county canvasses for any primary or general election, the secretary of state shall identify and order a postelection audit of certain paper ballots cast in any election, shall immediately post to the website of the office of the secretary of state a list of the elections, counties, and precincts selected for audit, and shall immediately notify each affected county clerk and county sheriff of the same. Upon receiving such notification, the county sheriff shall immediately impound and take into custody the affected ballots pursuant to the procedures in chapter 23, title 34, Idaho Code. Upon completion of the postelection audit, the ballots shall be resealed and returned to the custody of the county clerk or, in the event that the ballots are subject to a recount pursuant to chapter 23, title 34, Idaho Code, to the county sheriff. The postelection audit shall include, at a minimum, a hand recount of the ballots subject to the audit and a comparison to the results reported by the county for any precincts, days, batches, legislative districts, and tabulation machines selected for audit.

(b) A postelection audit authorized pursuant to paragraph (a) of this subsection may be ordered for:

(i) Any or all federal elections held in Idaho;

(ii) The election for governor;

(iii) The statewide office election having the narrowest percentage margin of votes;

(iv) The statewide ballot question election having the narrowest percentage margin of votes; and

(v) One (1) legislative office election within the county.

(c) The precincts selected for audit pursuant to paragraph (a) of this subsection shall:

(i) Be selected by lot by the secretary of state without the use of a computer at an open public meeting governed by the provisions of chapter 2, title 74, Idaho Code; and

(ii) Not exceed five percent (5%) of the precincts in the county or one (1) precinct, whichever is greater. Provided, however, that multiple precincts may be selected in any county if the number of ballots from the precincts so selected is less than two thousand one hundred (2,100).

(d) The secretary of state, in lieu of auditing the early or absentee ballots from any precincts selected for postelection audit, may select days, batches, legislative districts, and tabulation machines of early or absentee ballots for audit until the number of ballots selected equals or exceeds the number of early or absentee ballots that were cast from the precincts selected for postelection audit. Such days, batches, legislative districts, and tabulation machines shall be selected under the same requirements by which precincts were selected. The provisions of this paragraph apply only to a county that:

(i) Does not organize the storage of its early or absentee ballots by precinct;

(ii) Organizes the storage of such ballots by day, batch, legislative district, or tabulation machine; and

(iii) Publicly reports the election results for early or absentee ballots by day, batch, legislative district, or tabulation machine on the county's website prior to the secretary of state's selection of precincts to be audited.

(2) The secretary of state shall conduct, and the county clerks shall facilitate, any postelection audit ordered pursuant to subsection (1) of this section. Such an audit shall be open to attendance by news media personnel. By directive issued at least sixty (60) days prior to the election, the secretary of state shall determine the procedures by which the postelection audit is to be conducted. Such procedures shall be developed in consultation with county clerks and shall include provisions allowing each interested candidate and political party, and each political committee that publicly reported expending money on a ballot question for which the results will be audited, to appoint a designated observer. Within the time specified in the directive, the secretary of state shall report the results of any postelection audits on the website of the office of the secretary of state and to the county clerk of each county in which paper ballots were audited.

(3) The secretary of state may order additional postelection audits, without regard to the election or precinct limitations provided in subsection (1) of this section, if he determines that such action is warranted by the findings of the audits ordered pursuant to subsection (1) of this section. The secretary of state shall limit such orders for additional postelection audits to the types of problems identified by the audits performed pursuant to subsection (1) of this section.

(4) The office of the secretary of state shall pay for the cost of any postelection audits conducted pursuant to this section, including reimbursing county clerks for any costs associated with facilitating such audits.

History:

[34-1203A, added 2022, ch. 32, sec. 2, p. 89; am. 2023, ch. 2, sec. 1, p. 3; am. 2023, ch. 208, sec. 15, p. 578.]
Idaho Code § 34-614A — Idaho Code / Title 34 / Chapter 6 / Section 34-614A
34-614A CANDIDATES FOR STATE LEGISLATURE.
Status: in_force

34-614A. Candidates for state legislature. (1) A candidate for the office of state senator in a multi-member legislative district, and all candidates for the office of representative shall declare, in their declarations of candidacy, the specific seat or position that they seek.

(2) The secretary of state shall designate positions by using the terms "Position A", "Position B", and continuing in such fashion until all seats or positions in each district are properly labeled. The positions in each district shall be separately and distinctly placed on the primary and general election ballots, and for each position to be filled the ballot shall state "Vote for one".

(3) The candidate receiving the greatest number of votes for the position he seeks shall be declared nominated, or elected, as the case may be.

History:

[34-614A, added 1984, ch. 121, sec. 2, p. 279.]
Idaho Code § 34-301 — Idaho Code / Title 34 / Chapter 3 / Section 34-301
34-301 ESTABLISHMENT OF ELECTION PRECINCTS BY COUNTY COMMISSIONERS — LISTS AND MAPS TO BE FURNISHED TO SECRETARY OF STATE.
Status: in_force

34-301. Establishment of election precincts by county commissioners — Lists and maps to be furnished to secretary of state. (1) The board of county commissioners in each county shall establish a convenient number of election precincts therein. The board of county commissioners may establish an absentee voting precinct for each legislative district within the county. The boundaries of such absentee precincts shall be the same as those of the legislative districts for which they were established. The board shall have the authority to create new or consolidate established precincts only within the boundaries of legislative districts. No county shall have less than two (2) precincts. This board action shall be done no later than January 15 in a general election year. The January 15 deadline shall be waived during a general election year in which a legislative or court-ordered redistricting plan is adopted. In such cases, any precinct boundary adjustments shall be accomplished by the county commissioners as soon as is practicable.

(2) The county clerk of each county shall provide, and the secretary of state shall maintain in his office, a current and accurate report of the following:

(a) A list of all precincts within the county;

(b) A map and description of all precincts within the county;

(c) A count of voters registered for the latest general election, by precinct; and

(d) A count of votes cast at the latest general election, by precinct.

History:

[34-301, added 1970, ch. 140, sec. 32, p. 351; am. 1971, ch. 210, sec. 1, p. 919; am. 1972, ch. 141, sec. 1, p. 308; am. 1973, ch. 177, sec. 1, p. 393; am. 1974, ch. 212, sec. 1, p. 1557; am. 1976, ch. 73, sec. 1, p. 242; am. 1977, ch. 8, sec. 3, p. 17; am. 1992, ch. 152, sec. 1, p. 458; am. 2009, ch. 52, sec. 13, p. 145; am. 2019, ch. 96, sec. 1, p. 344.]
Idaho Code § 34-1107 — Idaho Code / Title 34 / Chapter 11 / Section 34-1107
34-1107 MANNER OF VOTING.
Status: in_force

34-1107. Manner of voting. On receipt of his ballot the elector shall retire to a vacant voting booth and mark his ballot according to the instructions provided by law.

After marking his ballot, the elector shall present himself to the judge at the ballot box and state his name and residence. The elector shall then deposit his ballot in the proper box or hand his ballot to the election judge, who shall deposit it. The judge shall then record that the elector has voted and proclaim the same in an audible voice.

History:

[34-1107, added 1970, ch. 140, sec. 179, p. 351; am. 1971, ch. 129, sec. 1, p. 510; am. 1972, ch. 349, sec. 3, p. 1033; am. 1973, ch. 304, sec. 12, p. 646; am. 2007, ch. 202, sec. 6, p. 622.]
Idaho Code § 34-2105 — Idaho Code / Title 34 / Chapter 21 / Section 34-2105
34-2105 LEGISLATIVE RULES.
Status: in_force

34-2105. legislative rules. In addition to the provisions of this chapter, the legislature may provide:

(1) Senate rules regarding senate election contests.

(2) House of representatives rules regarding house of representatives election contests.

(3) Joint rules regarding executive department election contests.

In the event the provisions of this chapter are inconsistent with legislative rules, the legislative rules control.

History:

[34-2105, added 2017, ch. 293, sec. 2, p. 769.]
Idaho Code § 34-2207 — Idaho Code / Title 34 / Chapter 22 / Section 34-2207
34-2207 RESULT OF ELECTION — VACANCIES, HOW FILLED.
Status: in_force

34-2207. Result of election — Vacancies, how filled. The twenty-one (21) candidates who shall receive respectively the highest numbers of the total number of votes cast at said election shall be the delegates to the convention. If there shall be a vacancy in the convention caused by the death or disability of any delegate or any other cause, the same shall be filled by appointment by the majority vote of the delegates comprising the group from which such delegate was elected and if the convention contains no other delegate of that group, shall be filled by the governor.

History:

[34-2207, added 1933, ch. 179, sec. 7, p. 328.]
Idaho Code § 34-2414 — Idaho Code / Title 34 / Chapter 24 / Section 34-2414
34-2414 PRINTED MATTER AND SUPPLIES.
Status: in_force

34-2414. Printed matter and supplies. (1) The election officer charged with the duty of providing ballots shall provide all necessary instruction, forms and supplies required for the proper use of the voting machines or vote tally systems.

(2) Within a proper and reasonable time before the first election at which voting machines or vote tally systems are to be used, the secretary of state shall prepare samples of the printed matter and supplies required. He shall furnish one (1) of each of the samples to the election officer in charge of the election of each county, city, district or other political subdivision in which the machines or vote tally systems are to be used.

(3) The county clerk or other election officer shall deliver voting machines to each election board as provided for election supplies.

History:

[34-2414, added 1970, ch. 140, sec. 145, p. 351.]
Idaho Code § 34-2405 — Idaho Code / Title 34 / Chapter 24 / Section 34-2405
34-2405 AUTHORITY FOR PROCUREMENT OF MACHINES.
Status: in_force

34-2405. Authority for procurement of machines. (1) After consultation with the county clerk as chief elections officer of his county, the governing body at any regular meeting or a special meeting called for the purpose, may rent, purchase or otherwise procure, and provide for the use of, in all or a portion of the election precincts of the county, any voting machine or vote tally system which the governing body deems to be in the best interest of that county and which machine or system is approved by the secretary of state.

(2) Thereafter the voting machine or vote tally system shall be used for voting and for receiving, registering and counting the votes in all primary and general elections held in such precincts.

(3) In all other elections, the voting machine or vote tally system may be used for voting, receiving, registering and counting the votes at the direction of the county clerk.

History:

[34-2405, added 1970, ch. 140, sec. 136, p. 351; am. 1972, ch. 129, sec. 1, p. 257.]
Idaho Code § 34-403 — Idaho Code / Title 34 / Chapter 4 / Section 34-403
34-403 DISQUALIFIED ELECTORS NOT PERMITTED TO VOTE.
Status: in_force

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

History:

[34-403, added 1970, ch. 140, sec. 38, p. 351.]
Idaho Code § 34-701 — Idaho Code / Title 34 / Chapter 7 / Section 34-701
34-701 DECLARATIONS OF CANDIDACY AND PETITIONS — FORM PRESCRIBED BY SECRETARY OF STATE — FILING FEES.
Status: in_force

34-701. Declarations of candidacy and petitions — Form prescribed by secretary of state — Filing fees. (1) The secretary of state shall prescribe the form for all declarations of candidacy and petitions required to be filed for any office. This form shall be uniform throughout the state; provided, however, that a candidate for judicial office must designate the particular office that he seeks, both in his petitions and declaration of candidacy.

(2) Declarations of candidacy shall include campaign contact information, including phone numbers.

(3) The form described in subsection (1) of this section shall include a sworn verification that the person satisfies the legal qualifications for the office being sought. Any person filing a form described in subsection (1) of this section shall disclose on such form whether the person has claimed an exemption under section 63-602G, Idaho Code, and the address of any homestead for which such exemption is claimed by the person and, if married, the person's spouse.

(4) All filing fees shall be paid in cash, cashier's check, postal money orders, credit card, debit card, or personal check. Any transaction cost associated with processing a credit card or debit card payment that is charged to the office receiving a candidate filing fee may be added to said filing fee.

History:

[34-701, added 1970, ch. 140, sec. 105, p. 351; am. 1970, ch. 231, sec. 2, p. 643; am. 1983, ch. 213, sec. 4, p. 591; am. 2022, ch. 10, sec. 1, p. 24; am. 2022, ch. 81, sec. 3, p. 230; am. 2022, ch. 305, sec. 1, p. 964; am. 2023, ch. 218, sec. 9, p. 613.]
Idaho Code § 34-1801D — Idaho Code / Title 34 / Chapter 18 / Section 34-1801D
34-1801D INITIATIVE PROCEDURES FOR FIRE PROTECTION DISTRICTS AND AMBULANCE SERVICE DISTRICTS.
Status: in_force

34-1801D. INITIATIVE PROCEDURES FOR FIRE PROTECTION DISTRICTS AND AMBULANCE SERVICE DISTRICTS. Each fire protection district and ambulance service district shall allow direct legislation by the people through the initiative to increase or decrease the property tax budget of the district. Such districts shall follow the procedures set forth in this chapter subject to the following provisions:

(1) The county prosecuting attorney of the county in which the district office is located shall perform those duties assigned to the attorney general.

(2) The district clerk shall perform those duties assigned to the secretary of state.

(3) District initiative elections shall be held on the Tuesday following the first Monday in November in odd-numbered years.

(4) Pursuant to section 34-1809, Idaho Code, the county prosecuting attorney of the county in which the district office is located shall prepare recommendations concerning revision of the initiative, shall issue a certificate of review to the district clerk, and shall prepare the ballot title and short title.

(5) An action brought pursuant to section 34-1809, Idaho Code, challenging the ballot title or short title shall be brought in the district court in the county in which the district office is located.

(6) To be eligible to sign a petition for a district initiative, a person shall be a qualified elector of the district at the time of signing thereon.

(7) To perfect a petition for a district initiative, the petition shall have signatures from at least twenty percent (20%) of the total number of qualified electors voting in the most recent general district election actually held in November of an odd-numbered year.

(8) The provisions of section 34-1805, Idaho Code, relating to the number of required signatures and geographic distribution of signatures shall not apply to district initiatives.

(9) Any person who circulates a petition for a district initiative shall be a resident of the state of Idaho and at least eighteen (18) years of age and, pursuant to section 34-1807, Idaho Code, shall certify such person's belief that each signer of the petition is a qualified elector of the state of Idaho and the district.

(10) A copy of all petitions and signature sheets shall be kept by the district clerk as a public record.

(11) The deadline for submission of signatures to the district clerk is one hundred eighty (180) days after the petitioners for initiative receive the official ballot title from the district clerk, or April 30 of the year of the initiative election, whichever is earlier.

(12) Petitioners must submit the signed initiative petitions to the county clerk for verification no later than the close of business on the first day of May in the year of the initiative election, or one hundred eighty (180) days after the petitioners receive the official ballot title from the district clerk, whichever is earlier.

(13) The county clerk shall have sixty (60) calendar days to verify the signatures as provided in section 34-1802(3), Idaho Code.

(14) The district board shall have the option to adopt the property tax budget reduction proposed by initiative within thirty (30) days after the notification pursuant to section 34-1807, Idaho Code, provided that the petition has the required number of signatures. The district board shall hold a public hearing on the proposed property tax budget reduction within the thirty (30) day period, preceded by legal notice published once in the district at least seven (7) days preceding the hearing. If the property tax budget reduction is not adopted by the district board by the end of the thirty (30) day period, the initiative shall be put on the ballot.

(15) As provided by sections 34-1812A through 34-1812C, Idaho Code, a voters' pamphlet shall be prepared by the district clerk.

(16) To be passed into law, an initiative shall be approved by the same percentage of votes cast as required for the passage of a budget increase pursuant to section 63-802(1)(h), Idaho Code.

(17) The district board shall issue the proclamation provided by section 34-1813, Idaho Code.

(18) The district clerk shall notify the county clerk and the state tax commission of any property tax budget change, within thirty (30) days after:

(a) The proclamation by the district board provided in subsection (17) of this section; or

(b) The approval by the district board of a property tax budget reduction that obviates the need to place the initiative on the ballot pursuant to subsection (14) of this section.

(19) This section does not apply to bond elections.

History:

[34-1801D, added 2026, ch. 316, sec. 1, p. 1264.]
Idaho Code § 34-112 — Idaho Code / Title 34 / Chapter 1 / Section 34-112
34-112 “COUNTY CLERK” DEFINED.
Status: in_force

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

History:

[34-112, added 1970, ch. 140, sec. 12, p. 351.]
Idaho Code § 34-410A — Idaho Code / Title 34 / Chapter 4 / Section 34-410A
34-410A ABSENTEE REGISTRATION FOR UNIFORMED AND OVERSEAS CITIZENS.
Status: in_force

34-410A. Absentee registration for uniformed and overseas citizens. Whenever provision is made for absentee voting by a statute of the United States, including the "Uniformed and Overseas Citizens Absentee Voting Act" (42 U.S.C. 1973ff.), an application for an absentee ballot made under that law may be given the same effect as an application for an absentee ballot made under chapter 10, title 34, Idaho Code.

History:

[34-410A, added 1995, ch. 215, sec. 6, p. 750.]
Idaho Code § 34-432 — Idaho Code / Title 34 / Chapter 4 / Section 34-432
34-432 CORRECTION OF ELECTION REGISTER FROM CHALLENGES AT ELECTION.
Status: in_force

34-432. Correction of election register from challenges at election. (1) No later than the ninth Friday after each election, the county clerk shall examine the election register and note the challenges as described in section 34-431, Idaho Code. The county clerk shall mail a written inquiry to the challenged elector at his mailing address as indicated on his registration card. Such inquiry shall state the nature of the challenge and provide a suitable form for reply.

(2) Within twenty (20) days from the date of mailing of the written inquiry, the elector may, in person or in writing, state that the information on his registration card is correct. Upon receipt of such a statement or request, the county clerk shall determine whether the information satisfies the challenge. If the county clerk determines that the challenge has not been satisfied, the county clerk shall schedule a hearing on the challenge and shall notify the elector of the place and time of the hearing. The hearing shall be held no later than twenty (20) days after notice is given. At the hearing, the challenged elector may present evidence of qualification. If the county clerk, upon the conclusion of the hearing, determines that the challenged elector's registration is not valid, the county clerk shall cancel the registration. If a challenged elector fails to make the statement or request in response to the inquiry, the county clerk shall cancel the registration.

(3) The county clerk may make inquiry into the validity of any registration at any time. The inquiry shall proceed as provided in this section.

History:

[34-432, added 1970, ch. 140, sec. 67, p. 351; am. 1982, ch. 137, sec. 4, p. 390; am. 1989, ch. 146, sec. 1, p. 353; am. 2006, ch. 70, sec. 3, p. 215; am. 2019, ch. 96, sec. 7, p. 346.]
Idaho Code § 34-1404 — Idaho Code / Title 34 / Chapter 14 / Section 34-1404
34-1404 DECLARATION OF CANDIDACY.
Status: in_force

34-1404. Declaration of candidacy. (1) Candidates for election in any political subdivision shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the office for which the nomination is made, the term for which nomination is made, and the signature of not less than five (5) electors of the candidate's specific zone or district of the political subdivision and shall be filed with the county clerk.

(2) The clerk of each political subdivision shall provide to the county clerk an accurate and detailed map of all subdistricts of the political subdivision no later than January 1 of each year in which an election may be held.

(3) The form of the nominating petition shall be as provided by the county clerk and shall be uniform for all political subdivisions.

(4) The nomination petition shall be filed beginning at 8:00 a.m. on the twelfth Monday before the election and no later than 5:00 p.m. on the tenth Friday before such election. The county clerk shall notify the clerk of the political subdivision of the filing and verify the qualifications of the nominees no more than five (5) days after the close of filing.

(5) Within forty-eight (48) hours of receipt of such notification, the clerk of the political subdivision shall review and certify to the county clerk the nominees to be placed on the ballot of the political subdivision.

(6) Nominating petitions shall include campaign contact information for candidates, including phone numbers and email addresses.

(7) All information in nominating petitions shall be made publicly available upon request.

History:

[34-1404, added 1993, ch. 313, sec. 8, p. 1161; am. 2009, ch. 341, sec. 60, p. 1033; am. 2010, ch. 185, sec. 10, p. 388; am. 2011, ch. 11, sec. 16, p. 33; am. 2014, ch. 162, sec. 3, p. 457; am. 2022, ch. 305, sec. 3, p. 965; am. 2025, ch. 113, sec. 19, p. 609; am. 2026, ch. 235, sec. 1, p. 1016.]
Idaho Code § 34-2422 — Idaho Code / Title 34 / Chapter 24 / Section 34-2422
34-2422 CLOSING OF POLLS — DELIVERY OF BALLOTS TO CLERK BEFORE POLLS CLOSED.
Status: in_force

34-2422. Closing of polls — Delivery of ballots to clerk before polls closed. (1) At the hour for closing the polls, the election board shall declare the polls of the election closed and shall not permit any further voting. However, electors who are, at the hour of closing, within the polling room or awaiting their turn to vote shall be considered as having begun the act of voting and shall be permitted to cast their votes.

(2) At any time prior to the closing of the polls provision may be made for the delivery of voted ballots to the county clerk or the clerk of a city, district or other political subdivision for counting. If such procedure is adopted, the result of this early count shall not be released to the public until after 8:00 p.m. of election day.

History:

[I.C., sec. 34-2422 as added by 1971, ch. 5, sec. 8, p. 11.]
Idaho Code § 34-717 — Idaho Code / Title 34 / Chapter 7 / Section 34-717
34-717 WITHDRAWAL OF CANDIDACY.
Status: in_force

34-717. Withdrawal of candidacy. (1) A candidate for nomination or candidate for election to a partisan office may withdraw from the election by filing a notarized statement of withdrawal with the officer with whom his declaration of candidacy was filed. The statement must contain all information necessary to identify the candidate and the office sought and the reason for withdrawal. The filing officer shall immediately notify the proper central committee of the party, if any, of the individual withdrawing.

(2) A candidate for federal, state, or legislative district office may not withdraw later than 5:00 p.m. on the eleventh Friday before a primary election or 5:00 p.m. on the ninth Friday before a general election. Filing fees paid by the candidate shall not be refunded.

(3) A candidate for county or precinct committeeman office may not withdraw later than 5:00 p.m. on the ninth Friday before any election. Filing fees paid by the candidate shall not be refunded.

(4) Any candidate who has filed a statement of withdrawal pursuant to this section shall not be allowed to be appointed to fill a vacancy unless such vacancy occurs because of the death of a previous candidate.

History:

[34-717, added 1983, ch. 213, sec. 8, p. 593; am. 1999, ch. 222, sec. 3, p. 590; am. 2011, ch. 11, sec. 12, p. 31; am. 2015, ch. 155, sec. 1, p. 545; am. 2025, ch. 113, sec. 16, p. 608.]
Idaho Code § 34-404 — Idaho Code / Title 34 / Chapter 4 / Section 34-404
34-404 REGISTRATION OF ELECTORS — POLITICAL PARTY AFFILIATION — UNAFFILIATED DESIGNATION.
Status: in_force

34-404. Registration of electors — political party affiliation — unaffiliated designation. (1) All electors must register before being able to vote at any primary, general, special, school or any other election governed by the provisions of title 34, Idaho Code. Registration of a qualified person occurs when a legible, accurate and complete registration application and proof of identity and residence are received in the office of the county clerk or at the polls pursuant to section 34-408(3), 34-408A, or 34-1012, Idaho Code.

(2) Each elector may select on the registration application an affiliation with a political party qualified to participate in elections pursuant to section 34-501, Idaho Code, or may select to be designated as unaffiliated. The county clerk shall record the party affiliation or unaffiliated designation so selected as part of the elector's registration record. If an elector shall fail or refuse to make such a selection, the county clerk shall enter on the registration records that such elector is unaffiliated.

(3) In order to provide an elector with the appropriate primary election ballot, pursuant to section 34-904A, Idaho Code, the poll book for primary elections shall include the party affiliation or designation as unaffiliated for each elector so registered. An unaffiliated elector shall declare to the poll worker which primary election ballot the elector chooses to vote in, pursuant to section 34-904A, Idaho Code, and the poll worker or other authorized election personnel shall record such declaration in the poll book. The poll book shall contain checkoff boxes to allow the poll worker or other authorized election personnel to record such unaffiliated elector's selection.

History:

[34-404, added 1970, ch. 140, sec. 39, p. 351; am. 1971, ch. 192, sec. 2, p. 874; am. 1972, ch. 197, sec. 1, p. 498; am. 1987, ch. 256, sec. 2, p. 520; am. 1997, ch. 356, sec. 1, p. 1051; am. 2011, ch. 319, sec. 3, p. 931; am. 2016, ch. 359, sec. 3, p. 1054; am. 2023, ch. 293, sec. 1, p. 887.]
Idaho Code § 34-2429 — Idaho Code / Title 34 / Chapter 24 / Section 34-2429
34-2429 VALIDATION OF ELECTIONS.
Status: in_force

34-2429. Validation of elections. All elections, including but not limited to bond issue elections, heretofore conducted pursuant to this chapter and all proceedings had or to be had in the authorization and issuance of the bonds authorized thereat, together with all such bonds when issued, are hereby validated, ratified and confirmed, and all such bonds when issued are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bond election, or bonds issued pursuant thereto, the legality of which are being contested at the time this act takes effect.

History:

[I.C., sec. 34-2429, as added by 1974, ch. 3, sec. 6, p. 19.]
Idaho Code § 34-437B — Idaho Code / Title 34 / Chapter 4 / Section 34-437B
34-437B FURNISHING LISTS OF REGISTERED ELECTORS TO SCHOOL DISTRICTS.
Status: in_force

34-437B. Furnishing lists of registered electors to school districts. Each of the county clerks, upon receiving a request therefor, not later than the thirtieth day prior to a school election, shall, not later than the seventh day prior to the election, supply to a requesting school board a list of registered electors, that are within the school district within which a school district election is to be held. The county clerk may assess the school board an amount which will compensate the county for the cost of preparing such a list.

History:

[34-437B, added 1987, ch. 256, sec. 3, p. 520; am. 1988, ch. 71, sec. 1, p. 102; am. 2006, ch. 70, sec. 4, p. 215.]
Idaho Code § 34-716 — Idaho Code / Title 34 / Chapter 7 / Section 34-716
34-716 VACANCIES OF CANDIDATES FOR NONPARTISAN OFFICES OCCURRING BEFORE GENERAL ELECTION NOT FILLED — EXCEPTIONS — JUDICIAL OFFICES.
Status: in_force

34-716. Vacancies of candidates for nonpartisan offices occurring before general election not filled — Exceptions — Judicial offices. (1) All vacancies of candidates for nonpartisan offices that occur after the primary election but before the general election, except vacancies in the offices of nominated candidates for judicial office which shall be filled as provided in this section, shall not be filled.

(2) If a candidate for judicial office has received a majority of the votes cast for the office at the primary election, he shall be deemed elected as provided by section 34-1217, Idaho Code. Thereafter, if the judge-elect dies, moves from the state, or otherwise becomes ineligible to serve in the judicial office, the secretary of state shall declare that a vacancy exists in the judicial office, but that no other candidate for the office will be offered at the general election. The vacancy shall be filled as provided by law, as if the judge-elect had already assumed office.

(3) If three (3) or more candidates sought a judicial office at the primary election, and no candidate for the judicial office received a majority of the votes cast for the office at the primary election, and either of the candidates certified to be a nominee at the general election dies, moves from the state, or otherwise becomes ineligible to serve in the judicial office, the secretary of state shall cause the name or names of the candidate or candidates receiving the next highest number of votes cast at the primary election after the two (2) candidates certified, to be certified as nominees for the judicial office at the general election, so that two (2) candidates shall be offered for each judicial office to be filled. In the event only one (1) vacancy on the general election ballot is to be filled by the procedure outlined in this subsection, and there exists a tie among two (2) or more judicial candidates receiving the next highest number of votes, such candidates, or their personal designees, shall meet in the office of the secretary of state at a time fixed by him upon ten (10) days written notice to such interested candidates, or their designees, and a candidate to fill each such vacancy on the general election ballot shall be selected by lot from the candidates receiving the same number of votes at the primary election. The secretary of state shall cause the name of the persons so selected to appear on the general election ballot.

History:

[34-716, added 1970, ch. 140, sec. 120, p. 351; am. 1972, ch. 333, sec. 1, p. 841.]
Idaho Code § 34-1211 — Idaho Code / Title 34 / Chapter 12 / Section 34-1211
34-1211 STATE BOARD OF CANVASSERS — MEETINGS.
Status: in_force

34-1211. State board of canvassers — Meetings. The secretary of state, state controller and state treasurer shall constitute the state board of canvassers. The functions of the board shall be election functions, and the secretary of state shall be chairman of the board. The state board of canvassers shall meet within twenty-one (21) days after the primary election and within twenty-one (21) days after the general election in the office of the secretary of state for the purpose of complying with the provisions of sections 34-1212 and 34-1213, Idaho Code.

History:

[34-1211, added 1970, ch. 140, sec. 195, p. 351; am. 1972, ch. 193, sec. 3, p. 480; am. 1974, ch. 5, sec. 1, p. 23; am. 1994, ch. 181, sec. 2, p. 576; am. 2024, ch. 201, sec. 2, p. 716.]
Idaho Code § 34-501 — Idaho Code / Title 34 / Chapter 5 / Section 34-501
34-501 “POLITICAL PARTY” DEFINED — PROCEDURES FOR CREATION OF A POLITICAL PARTY.
Status: in_force

34-501. "Political party" defined — Procedures for creation of a political party. (1) A "political party" within the meaning of this act, is an organization of electors under a given name. A political party shall be deemed created and qualified to participate in elections in any of the following three (3) ways:

(a) By having three (3) or more candidates for state or national office listed under the party name at the last general election, provided that those individuals seeking the office of president, vice president and president elector shall be considered one candidate, or

(b) By polling at the last general election for any one of its candidates for state or national office at least three per cent (3%) of the aggregate vote cast for governor or for presidential electors.

(c) By an affiliation of electors who shall have signed a petition which shall:

(A) State the name of the proposed party in not more than six (6) words;

(B) State that the subscribers thereto desire to place the proposed party on the ballot;

(C) Have attached thereto a sheet or sheets containing the signatures of at least a number of qualified electors equal to two per cent (2%) of the aggregate vote cast for presidential electors in the state at the previous general election at which presidential electors were chosen;

(D) Be filed with the secretary of state on or before August 30 of even numbered years;

(E) The format of the signature petition sheets shall be prescribed by the secretary of state and shall be patterned after, but not limited to, such sheets as used for state initiative and referendum measures;

(F) The petitions and signatures so submitted shall be verified in the manner prescribed in section 34-1807, Idaho Code.

(G) The petition shall be circulated no earlier than August 30 of the year preceding the general election.

(2) Upon certification by the secretary of state that the petition has met the requirements of this act such party shall, under the party name chosen, have all the rights of a political party whose ticket shall have been on the ballot at the preceding general election.

The newly certified party shall proceed to hold a state convention in the manner provided by law; provided, that at the initial convention of any such political party, all members of the party shall be entitled to attend the convention and participate in the election of officers and the nominations of candidates. Thereafter the conduct of any subsequent convention shall be as provided by law.

History:

[34-501, added 1978, ch. 256, sec. 2, p. 560; am. 1985, ch. 42, sec. 1, p. 88; am. 1987, ch. 262, sec. 1, p. 554.]