Idaho Code § 34-625 — Idaho Code / Title 34 / Chapter 6 / Section 34-625
34-625 ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN SINGLE COUNTYWIDE DISTRICTS — QUALIFICATIONS.
Status: in_force

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

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

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

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

History:

[34-625, added 1972, ch. 345, sec. 1, p. 1013; am. 1985, ch. 253, sec. 4, p. 701; am. 1987, ch. 75, sec. 1, p. 147; am. 1998, ch. 300, sec. 3, p. 991; am. 2007, ch. 313, sec. 1, p. 884; am. 2025, ch. 113, sec. 8, p. 604.]
Idaho Code § 34-620 — Idaho Code / Title 34 / Chapter 6 / Section 34-620
34-620 ELECTION OF COUNTY TREASURERS — QUALIFICATIONS.
Status: in_force

34-620. Election of county treasurers — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, a county treasurer shall be elected in every county. The county treasurer shall be the ex officio public administrator and ex officio tax collector.

(2) No person shall be elected to the office of county treasurer unless he has attained the age of twenty-one (21) years at the time of his 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.

History:

[34-620, added 1970, ch. 140, sec. 100, p. 351; am. 1971, ch. 193, sec. 2, p. 879; am. 1996, ch. 28, sec. 16, p. 73.]
Idaho Code § 34-2119 — Idaho Code / Title 34 / Chapter 21 / Section 34-2119
34-2119 FORMS OF RELIEF.
Status: in_force

34-2119. FORMs OF RELIEF. (1) The legislature must confirm or annul the election and must declare as elected the person who appears duly elected.

(2) If two (2) or more persons have the highest and an equal number of votes for the same office, or if the legal ballots cast or intended to be cast for them had been counted and they would have had the highest and an equal number of votes for the same office, then the election will be decided by lot, in a manner directed by the legislature, which of the persons receiving such votes will be declared duly elected.

(3) When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes will not be declared elected and the legislature must declare the election void.

(4) If a vacancy is created pursuant to this section, the legislature may declare the office vacant and order the office filled pursuant to chapter 9, title 59, Idaho Code.

(5) Notwithstanding the provisions of chapter 1 of this title, the legislature may call for a special election regarding a specific contested office in which an accurate vote count cannot be obtained or discovered by the legislature. The legislature has the authority to set the date of the special election and the office and candidates to be placed on the ballot. In setting a special election, the legislature may provide for a filing period and notice provisions for the election.

(6)(a) Upon a final decision and award of costs and fees against the contestor, the legislature may direct the secretary of state to pay the award from the bond provided in section 34-2118, Idaho Code.

(b) Upon a final decision and award of costs, fees or attorney's fees against the contestor, and if the costs, fees and attorney's fees exceed the amount of the bond filed pursuant to section 34-2118, Idaho Code, the contestee may petition the district court for execution of the award.

(c) Upon a final decision and award of costs and fees against the contestee, the contestor may petition the district court for execution of the award.

History:

[34-2119, added 2017, ch. 293, sec. 2, p. 773.]
Idaho Code § 34-904 — Idaho Code / Title 34 / Chapter 9 / Section 34-904
34-904 PRIMARY ELECTION BALLOTS.
Status: in_force

34-904. Primary election ballots. (1) There shall be a separate primary election ballot for each political party upon which its ticket shall be printed; however, a county may use a separate ballot for the office of precinct committeeman. All candidates who have filed their declarations of candidacy and are subsequently certified shall be listed under the proper office titles on their political party ticket. The secretary of state shall design the primary election ballot to allow for write-in candidates when needed.

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

(3) It is not necessary to print a primary ballot for a political party which does not have candidates for more than half of the federal or statewide offices on the ballot if no more than one (1) candidate files for nomination by that party for any of the offices on the ballot. The secretary of state shall certify that no primary election is necessary for that party if such is the case and shall certify to the county clerk the names of candidates for that party for the general election ballot only.

History:

[34-904, added 1970, ch. 140, sec. 124, p. 351; am. 1971, ch. 189, sec. 2, p. 870; am. 1972, ch. 130, sec. 1, p. 259; am. 1983, ch. 213, sec. 10, p. 593; am. 2001, ch. 272, sec. 2, p. 994; am. 2011, ch. 319, sec. 7, p. 932; am. 2012, ch. 57, sec. 1, p. 157; am. 2020, ch. 69, sec. 3, p. 158.]
Idaho Code § 34-2410 — Idaho Code / Title 34 / Chapter 24 / Section 34-2410
34-2410 SPECIFICATIONS FOR VOTING MACHINES OR VOTE TALLY SYSTEMS.
Status: in_force

34-2410. Specifications for voting machines or vote tally systems. (1) No voting machine or vote tally system shall be approved by the secretary of state unless it is constructed so that it:

(a) Secures to the voter secrecy in the act of voting.

(b) Provides opportunity for voters to vote for candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted.

(c) Permits the voter to vote for any person for any office and upon any measure that he has the right to vote for.

(d) Permits the voter, except at primary elections, to vote for all the candidates of one (1) party or in part for the candidates of one (1) party and in part for the candidates of one (1) or more other parties.

(e) Permits the voter to vote for as many persons for an office as he is lawfully entitled to vote for but no more.

(f) Prevents the voter from voting for the same person more than once for the same office.

(g) Correctly registers or records all votes cast for any and all persons and for or against any and all measures.

(h) Can reject any vote cast in excess of the number that the voter is entitled to vote, which shall be considered an overvote.

(i) Provides that a vote for more than one (1) candidate cannot be cast by one (1) single operation of the machine or vote tally system.

(2) A vote tally system shall be:

(a) Capable of correctly counting votes on ballots or ballot cards on which the proper number of votes have been marked for any office or question or issue that has been voted.

(b) Capable of ignoring the votes marked for any office or question or issue where more than the allowable number of votes have been marked, but shall correctly count the properly voted portions of the ballot card.

(c) Capable of accumulating a count of the specific number of ballots or ballot cards tallied for a precinct, accumulating total votes by a candidate for each office, and accumulating total votes for and against each question and issue of the ballots or ballot cards tallied for a precinct.

(d) Capable of tallying votes from ballots or ballot cards of different political parties, from the same precinct, in the case of a primary election.

(e) Capable of accommodating rotation of candidates' names on the ballot or ballot card, provided that all ballots or ballot cards from one (1) precinct shall be of the same rotation sequence.

(f) Capable of automatically producing precinct totals in either printed, marked, or digital form, or combinations thereof.

(3) No vote tally system shall be connected to the internet at any time, and no vote tally system shall receive or transmit data through wireless communications. The provisions of this subsection shall not apply to electronic poll books authorized pursuant to section 34-1106A, Idaho Code.

History:

[34-2410, added 1970, ch. 140, sec. 141, p. 351; am. 2024, ch. 260, sec. 5, p. 904.]
Idaho Code § 34-708A — Idaho Code / Title 34 / Chapter 7 / Section 34-708A
34-708A INDEPENDENT CANDIDATES FOR PRESIDENT.
Status: in_force

34-708A. Independent candidates for president. (1) Any person who desires to be an independent candidate for the office of president must file a declaration of candidacy as an independent candidate no later than August 1. Such declaration must state that such person is an independent candidate with no political party affiliation and shall have attached thereto a petition signed by one thousand (1,000) qualified electors.

(2) Signatures on the petition required in this section shall be verified no later than September 1 in the manner prescribed in section 34-1807, Idaho Code, on a form similar to that used for recall petitions under chapter 17, title 34, Idaho Code, as prescribed by the secretary of state, except that the petition circulators are not required to be Idaho residents. The secretary of state shall certify candidate qualifications no later than September 1.

History:

[34-708A, added 1977, ch. 14, sec. 1, p. 30; am. 1979, ch. 309, sec. 6, p. 836; am. 1985, ch. 42, sec. 3, p. 89; am. 1987, ch. 262, sec. 2, p. 555; am. 1996, ch. 28, sec. 25, p. 77; am. 2011, ch. 285, sec. 6, p. 781; am. 2021, ch. 208, sec. 1, p. 575; am. 2021, ch. 272, sec. 3, p. 824; am. 2024, ch. 32, sec. 1, p. 228; am. 2025, ch. 306, sec. 1, p. 1301.]
Idaho Code § 34-111A — Idaho Code / Title 34 / Chapter 1 / Section 34-111A
34-111A “ELECTRONIC POLL BOOK” DEFINED.
Status: in_force

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

History:

[34-111A, added 2015, ch. 282, sec. 1, p. 1147.]
Idaho Code § 34-2423 — Idaho Code / Title 34 / Chapter 24 / Section 34-2423
34-2423 ABSENT VOTING BY VOTING MACHINE OR PAPER BALLOT.
Status: in_force

34-2423. Absent voting by voting machine or paper ballot. The county clerk may provide that absent voting shall be either by voting machine or by marking a paper ballot or a combination of both. In any of the foregoing cases he may establish one (1) absent elector unit to handle and process absent elector ballots for each legislative district within his county and shall cause sufficient ballots of the proper kind or kinds to be provided.

Voted ballots shall be retained by the county clerk until election day when they shall be transferred to the ballot processing center and thereafter made a part of the election returns.

History:

[34-2423, added 1970, ch. 140, sec. 154, p. 351; am. 1976, ch. 73, sec. 2, p. 243.]
Idaho Code § 34-609 — Idaho Code / Title 34 / Chapter 6 / Section 34-609
34-609 ELECTION OF SECRETARY OF STATE — QUALIFICATIONS.
Status: in_force

34-609. Election of secretary of state — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, a secretary of state shall be elected.

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

[34-609, added 1970, ch. 140, sec. 89, p. 351; am. 1996, ch. 28, sec. 5, p. 69.]
Idaho Code § 34-913 — Idaho Code / Title 34 / Chapter 9 / Section 34-913
34-913 DISCLOSURES IN ELECTIONS TO AUTHORIZE BONDED INDEBTEDNESS.
Status: in_force

34-913. disclosures in elections to authorize bonded indebtedness. (1) Notwithstanding any other provision of law, on and after July 1, 2021, any taxing district that proposes to submit any question to the electors of the district that would authorize any bonded indebtedness must provide a brief official statement setting forth in simple, understandable language information on the proposal substantially as follows:

(a) The purpose for which the bonds are to be used, including but not necessarily limited to a description of the facility or project that will be financed, in whole or in part, by the sale of the bonds; the date of the election; and the principal amount of the bonds to be issued;

(b) The anticipated interest rate on the proposed bonds based on current market rates and a maximum interest rate if a maximum is specified in the question to be submitted to electors;

(c) The total amount to be repaid over the life of the bonds based on the anticipated interest. Such total shall reflect three (3) components: a total of the principal to be repaid; a total of the interest to be paid; and the sum of both;

(d) The estimated average annual cost to the taxpayer of the proposed bond, in the format of "A tax of $_____ per $100,000 of taxable assessed value, per year, based on current conditions";

(e) The length of time, reflected in months or years, in which the proposed bonds will be paid off or retired;

(f) The total existing indebtedness, including interest accrued, of the taxing district; and

(g) If the ballot question or official statement includes information regarding guaranteed state tax relief funds of a specific dollar amount, including school district facilities funds, and such state tax relief funds will expire at a future date, the ballot question or official statement shall disclose the year such state tax relief funds are scheduled to expire using the following language: "such state tax relief funds are currently only guaranteed through ". No ballot question or official statement shall include any information regarding state tax relief funds, unless a specific dollar amount of such funds is guaranteed to the taxing district.

(2) (a) The formula for calculating the estimated average annual cost to the taxpayer shall be as follows:

((Bond Total/Taxable Value) x 100,000)/Duration = estimated average annual cost to taxpayer; and

(b) The elements of which are defined as:

(i) "Bond total" means the total amount to be bonded, from subsection (1)(c) of this section as based on the anticipated interest rate in subsection (1)(b) of this section;

(ii) "Duration" means the time, in years, specified in subsection (1)(e) of this section; and

(iii) "Taxable value" means the most recent total taxable value for property for the applicable taxing district, which shall be obtained from the applicable county treasurer or assessor's office.

(3) The official statement must be made a part of the ballot and placed above the location on the ballot where a person casts a vote and must be included in the official notice of the election.

(4) In order to be binding, a ballot question to authorize a bond must include the information and language required by this section in its official statement.

(5) Any mass communication, whether in printed, audio, visual, or electronic form or any other medium, sent by a taxing district to twenty (20) or more voters and any media presented by a taxing district for public viewing, including posters, websites, or social media, regarding its proposed bond must include the information required by subsection (1)(b) through (g) of this section.

(6) Upon a determination by a court, pursuant to section 34-2001A, Idaho Code, that the taxing district failed to comply with the provisions of this section, the court must declare the outcome of the ballot question invalid and award court costs and fees to the prevailing party.

History:

[34-913, added 2021, ch. 288, sec. 3, p. 863; am. 2023, ch. 282, sec. 1, p. 842; am. 2024, ch. 84, sec. 1, p. 380.]
Idaho Code § 34-1703 — Idaho Code / Title 34 / Chapter 17 / Section 34-1703
34-1703 FORM OF PETITION.
Status: in_force

34-1703. Form of petition. (1) The recall petition for state officers other than members of the state legislature shall be in substantially the following form:

RECALL PETITION

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

We, the undersigned citizens and registered electors of the State of Idaho respectfully demand that…., holding the office of…., be recalled by the registered electors of this state for the following reasons (setting out the reasons for recall in no more than 200 words):

that a special election therefor be called; that we, each for himself say: I am a registered elector of the State of Idaho; my residence, address including county, and the date I signed this petition are correctly written after my name.

Signature Printed Name Residence County Date Street and Number

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

(2) The recall petition for members of the state legislature shall be in substantially the following form:

RECALL PETITION

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

We, the undersigned citizens and registered electors of Legislative District No….., respectfully demand that…., holding the office of…., be recalled by the registered electors of Legislative District No….. for the following reasons (setting out the reasons for recall in no more than 200 words):

that a special election therefor be called; that we, each for himself say: I am a registered elector of Legislative District No….., my residence, address including county, and the date I signed this petition are correctly written after my name.

Signature Printed Name Residence County Date Street and Number

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

(3) The recall petition for county officers shall be in substantially the following form:

RECALL PETITION

To the Honorable…., County Clerk for the County of….:

We, the undersigned citizens and registered electors of the County of…., respectfully demand that…., holding the office of…., of the County of…., be recalled by the registered electors of the County of…. for the following reasons (setting out the reasons for recall in no more than 200 words):

that a special election therefor be called; that we, each for himself say: I am a registered elector of the County of…., my residence, address including county, and the date I signed this petition are correctly written after my name.

Signature Printed Name Residence County Date Street and Number

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

(4) The recall petition for city officers shall be in substantially the following form:

RECALL PETITION

To the Honorable…., County Clerk for the County of….:

We, the undersigned citizens and registered electors of the City of…., respectfully demand that…., holding the office of…., of the City of…., be recalled by the registered electors of the City of…. for the following reasons (setting out the reasons for recall in no more than 200 words):

that a special election therefor be called; that we, each for himself say: I am a registered elector of the City of…., my residence, address including county, and the date I signed this petition are correctly written after my name.

Signature Printed Name Residence County Date Street and Number

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

(5) The recall petition for special district officers shall be in substantially the following form:

RECALL PETITION

To the Honorable…., County Clerk of the County of….:

We, the undersigned citizens and registered electors of (here insert the official name of the district), respectfully demand that…., holding the office of…, of the (district), be recalled by the registered electors of the (district) for the following reasons (insert the reasons for the recall in two hundred (200) words or less):

that a special election therefor be called, that we, each for himself say: I am a registered elector of the (district), my residence, address including county, and the date I signed this petition are correctly written after my name.

Signature Printed Name Residence County Date Street and Number

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

History:

[34-1703, added 1972, ch. 283, sec. 3, p. 703; am. 1989, ch. 344, sec. 1, p. 868; am. 1995, ch. 266, sec. 3, p. 850; am. 2013, ch. 135, sec. 5, p. 311; am. 2019, ch. 96, sec. 14, p. 351; am. 2021, ch. 325, sec. 5, p. 994.]
Idaho Code § 34-911 — Idaho Code / Title 34 / Chapter 9 / Section 34-911
34-911 COUNTY CLERK TO PREPARE FULL INSTRUCTIONS FOR THE GUIDANCE OF VOTERS AT ELECTIONS.
Status: in_force

34-911. County clerk to prepare full instructions for the guidance of voters at elections. The county clerk shall prepare full instructions for the guidance of voters at such elections, as to obtaining ballots, as to the manner of marking them, and as to obtaining new tickets in place of those spoiled, and provide sample ballots. The form and manner of display of the above mentioned instructions shall be prescribed by the secretary of state and be uniform throughout the state.

History:

[34-911, added 1970, ch. 140, sec. 130, p. 351.]
Idaho Code § 34-2415 — Idaho Code / Title 34 / Chapter 24 / Section 34-2415
34-2415 PREPARATION OF POLLING PLACE FOR ELECTION.
Status: in_force

34-2415. Preparation of polling place for election. (1) The election board of each election precinct in which a voting machine is to be used shall meet at the polling place for the election precinct at least thirty (30) minutes before the time set for opening the polls. Before preparing the machine for voting, the election board shall cause the voting machine to be placed where it can be conveniently attended by the election board and conveniently operated by the voters and where the machines can be plainly seen by the election board and the public when not being voted on.

(2) After performing its duties as provided in this section, the election board shall certify to the fact in the appropriate places in the poll book.

History:

[34-2415, added 1970, ch. 140, sec. 146, p. 351; am. 2024, ch. 260, sec. 7, p. 905.]
Idaho Code § 34-107 — Idaho Code / Title 34 / Chapter 1 / Section 34-107
34-107 “RESIDENCE” DEFINED.
Status: in_force

34-107. "Residence" defined. (1) "Residence," for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence.

(2) If a person claims an exemption under section 63-602G, Idaho Code, then the homestead for which the exemption is claimed shall be the person's residence for voting purposes. If no such exemption is claimed, then in determining the principal or primary place of abode of a person, the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration.

(3) A qualified elector who has left his home and gone into another state or territory or county of this state for a temporary purpose only shall not be considered to have lost his residence.

(4) A qualified elector shall not be considered to have gained a residence in any county or city of this state into which he comes for temporary purposes only, without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there.

(5) If a qualified elector moves to another state, or to any of the other territories, with the intention of making it his permanent home, he shall be considered to have lost his residence in this state.

History:

[34-107, added 1970, ch. 140, sec. 7, p. 351; am. 1971, ch. 194, sec. 7, p. 881; am. 1982, ch. 215, sec. 1, p. 589; am. 1989, ch. 147, sec. 1, p. 354; am. 1996, ch. 322, sec. 34, p. 1063; am. 2022, ch. 81, sec. 1, p. 229.]
Idaho Code § 34-1208 — Idaho Code / Title 34 / Chapter 12 / Section 34-1208
34-1208 CERTIFICATES OF NOMINATION OR ELECTION.
Status: in_force

34-1208. Certificates of nomination or election. Immediately after the primary election canvass the county clerk shall issue certificates of nomination to the political party candidates of each party who receive the highest number of votes for their particular county office, and the candidates so certified shall have their names placed on the general election ballot. On or before the eighth day after the primary election canvass, the county clerk shall issue certificates of election to the precinct committeemen of each political party who receive the highest number of votes in their precinct. Provided that to be elected, a precinct committeeman shall receive a minimum of five (5) votes. In the event no candidate receives the minimum number of votes required to be elected, a vacancy in the office shall exist and shall be filled as otherwise provided by law. The county clerk shall also certify by registered mail the results of the primary election to the secretary of state. The form for such certificate shall be prescribed by the secretary of state and be uniform throughout the state.

History:

[34-1208, added 1970, ch. 140, sec. 192, p. 351; am. 1975, ch. 174, sec. 18, p. 469; am. 1977, ch. 17, sec. 1, p. 35; am. 1979, ch. 309, sec. 11, p. 838; am. 1991, ch. 117, sec. 1, p. 246; am. 2012, ch. 33, sec. 14, p. 104.]
Idaho Code § 34-2213 — Idaho Code / Title 34 / Chapter 22 / Section 34-2213
34-2213 EXPENSES, HOW PAID.
Status: in_force

34-2213. Expenses, how paid. All the expenses of the constitutional convention and the expenses allowed delegates thereto shall be allowed and paid by the state of Idaho in the same manner as other claims against the state are allowed and paid, and from such appropriations as are, or may be, available therefor.

History:

[34-2213, added 1933, ch. 179, sec. 13, p. 328.]
Idaho Code § 34-201 — Idaho Code / Title 34 / Chapter 2 / Section 34-201
34-201 SECRETARY OF STATE CHIEF ELECTION OFFICER.
Status: in_force

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

The secretary of state is responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed service voters and overseas voters with respect to elections for federal office as required by section 102 of the uniformed and overseas citizens absentee voting act (42 U.S.C. section 1973 et seq.).

If a national or local emergency or other situation arises which makes substantial compliance with the provisions of the uniformed and overseas citizens absentee voting act impossible or unreasonable, such as a natural disaster or an armed conflict involving United States armed forces, mobilization of those forces, including state national guard and reserve components of this state, the secretary of state may prescribe, by directive, such special procedures or requirements as may be necessary to facilitate absentee voting by those citizens directly affected who otherwise are eligible to vote in this state.

History:

[34-201, added 1970, ch. 140, sec. 17, p. 351; am. 2003, ch. 48, sec. 1, p. 181.]
Idaho Code § 34-1006 — Idaho Code / Title 34 / Chapter 10 / Section 34-1006
34-1006 COUNTY CLERKS SHALL PROVIDE ONE OR MORE “ABSENT ELECTORS' VOTING PLACE.”
Status: in_force

34-1006. County clerks shall provide one or more "absent electors' voting place." (1) Each county clerk shall provide one (1) or more "absent electors' polling place(s)" as determined necessary by each county. Each polling place shall be provided with voting booths and other necessary supplies as provided by law. Except as provided in section 34-308, Idaho Code, every elector shall always be provided the opportunity to vote in person in an election, notwithstanding any declaration of emergency, extreme emergency, or disaster emergency by the governor.

(2) Electioneering is prohibited at an "absent electors' polling place" as provided in section 18-2318, Idaho Code.

History:

[34-1006, added 1970, ch. 140, sec. 167, p. 351; am. 1994, ch. 21, sec. 1, p. 36; am. 1998, ch. 163, sec. 1, p. 551; am. 2020, 1st E.S., ch. 3, sec. 1, p. 9.]
Idaho Code § 34-2418 — Idaho Code / Title 34 / Chapter 24 / Section 34-2418
34-2418 BALLOTS.
Status: in_force

34-2418. Ballots. (1) The ballots required to be furnished for general or special elections shall be printed in black ink on clear white material of such size and arrangements as to suit the construction of the machine. The ballot for measures may contain a condensed statement of purpose for each measure to be voted on, accompanied by the words "Yes" and "No." The title of the offices on the ballot shall be printed in type as large as the space for the office will reasonably permit. Where more than one (1) candidate can be voted for an office, there shall be printed below the office title words indicating the number the voter is lawfully entitled to vote for out of the whole number of candidates, such as "Vote for Two."

(2) The ballots required to be furnished for primary elections may be of different colors for the political parties who are nominating or electing candidates.

(3) The judiciary ballot may be added to the ballot for the political parties. Candidates for the above offices will be shown under the general title of nonpartisan judicial candidates.

(4) When a vote tally system is used, the county clerk shall prepare the ballots as nearly as practicable as required by law.

History:

[34-2418, added 1970, ch. 140, sec. 149, p. 351; am. 1994, ch. 54, sec. 4, p. 94; am. 2024, ch. 260, sec. 9, p. 906.]
Idaho Code § 34-617 — Idaho Code / Title 34 / Chapter 6 / Section 34-617
34-617 ELECTION OF COUNTY COMMISSIONERS — QUALIFICATIONS.
Status: in_force

34-617. Election of county commissioners — Qualifications. (1) A board of county commissioners shall be elected in each county at the general elections as provided by section 31-703, Idaho Code.

(2) No person shall be elected to the board of county commissioners unless he has attained the age of twenty-one (21) years at the time of the election, is a citizen of the United States, and shall have resided in the county one (1) year next preceding his election and in the district which he represents for a period of ninety (90) days next preceding the primary 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.

History:

[34-617, added 1970, ch. 140, sec. 97, p. 351; am. 1982, ch. 332, sec. 2, p. 839; am. 1993, ch. 159, sec. 1, p. 409; am. 1996, ch. 28, sec. 13, p. 72.]
Idaho Code § 34-1411 — Idaho Code / Title 34 / Chapter 14 / Section 34-1411
34-1411 PAYMENT OF ELECTION EXPENSES BY COUNTY.
Status: in_force

34-1411. Payment of election expenses by county. (1) On and after January 1, 2011, no county shall charge any taxing district, as defined in section 63-201, Idaho Code, for expenses associated with conducting any election on behalf of any taxing district, with the exception of expenses associated with conducting municipal runoff elections, which shall be paid by the city adopting runoff elections pursuant to the provisions of section 50-612 or 50-707B, Idaho Code. Expenses associated with conducting taxing district elections shall include:

(a) Costs of ballot preparation, distribution, printing and counting, including absentee ballots.

(b) Costs of printing poll books and costs of tally books, stamps, signs and any other voting supplies, publications and equipment.

(c) Wages or other compensation for election judges and clerks or any county employees or officials performing duties associated with conducting taxing district elections.

(d) Costs paid for renting polling facilities.

(e) Acquisition, repair, maintenance or any other costs associated with voting machines or vote tally systems as defined in section 34-2401, Idaho Code.

(f) Costs of publishing and printing election notices and ballots.

(2) Counties shall not be responsible for any election expenses prior to the time any taxing district orders an election, such as notice and costs for public hearings and notice and costs for public hearings on ballot measures.

(3) Notwithstanding the provisions of subsection (1) of this section, all ballot questions shall be limited to two hundred fifty (250) words or less. If a ballot question is in excess of two hundred fifty (250) words, the entity proposing a ballot question that is not a state constitutional amendment shall be required to pay the ballot printing costs associated with the ballot question.

History:

[34-1411, added 2009, ch. 341, sec. 63, p. 1035; am. 2024, ch. 260, sec. 14, p. 907.]
Idaho Code § 34-506 — Idaho Code / Title 34 / Chapter 5 / Section 34-506
34-506 POWERS AND DUTIES OF LEGISLATIVE DISTRICT CENTRAL COMMITTEE.
Status: in_force

34-506. Powers and duties of legislative district central committee. The legislative district central committee shall have all the powers and duties prescribed by state law and rules and regulations promulgated and adopted by the state conventions or the state central committee.

History:

[34-506, added 1970, ch. 140, sec. 79, p. 351.]
Idaho Code § 34-505 — Idaho Code / Title 34 / Chapter 5 / Section 34-505
34-505 POWERS AND DUTIES OF COUNTY CENTRAL COMMITTEE.
Status: in_force

34-505. Powers and duties of county central committee. The county central committee shall have all the powers and duties prescribed by state law and rules and regulations promulgated and adopted by the state conventions or the state central committee.

History:

[34-505, added 1970, ch. 140, sec. 78, p. 351.]
Idaho Code § 34-1004 — Idaho Code / Title 34 / Chapter 10 / Section 34-1004
34-1004 MARKING AND FOLDING OF ABSENTEE BALLOT — AFFIDAVIT.
Status: in_force

34-1004. Marking and folding of absentee ballot — Affidavit. Upon receipt of the absent elector's ballot the elector shall thereupon mark and fold the ballot so as to conceal the marking, deposit it in the ballot envelope and seal the envelope securely. In the event an election requires a perforated ballot, the unvoted portion must be deposited in the unvoted ballot envelope and sealed. The ballot envelopes must then be deposited in the return envelope and sealed securely.

The elector shall then execute an affidavit on the back of the return envelope in the form prescribed, provided however, that such affidavit need not be notarized.

History:

[34-1004, added 1970, ch. 140, sec. 165, p. 351.]
Idaho Code § 34-1113 — Idaho Code / Title 34 / Chapter 11 / Section 34-1113
34-1113 IDENTIFICATION AT THE POLLS.
Status: in_force

34-1113. identification at the polls. All voters shall be required to provide personal identification before voting at the polls or at absent electors polling places as required by section 34-1006, Idaho Code. The personal identification that may be presented shall be one (1) of the following:

(1) An Idaho driver's license or identification card issued by the Idaho transportation department;

(2) A passport or an identification card, including a photograph, issued by an agency of the United States government;

(3) A tribal identification card, including a photograph; or

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

History:

[34-1113, added 2010, ch. 246, sec. 2, p. 635; am. 2017, ch. 132, sec. 1, p. 310; am. 2023, ch. 27, sec. 1, p. 143.]
Idaho Code § 34-2011 — Idaho Code / Title 34 / Chapter 20 / Section 34-2011
34-2011 TIME FOR TRIAL.
Status: in_force

34-2011. Time for trial. The cause shall stand for trial at the expiration of thirty (30) days from the time of service of the summons and complaint, if the court shall then be in session; otherwise, on the first day of the next term thereafter.

History:

[(34-2011) 1890-1891, p. 57, sec. 152; reen. 1899, p. 33, sec. 139; reen. R.C. & C.L., sec. 5036; C.S., sec. 7284; I.C.A., sec. 33-1711.]
Idaho Code § 34-2103 — Idaho Code / Title 34 / Chapter 21 / Section 34-2103
34-2103 JURISDICTION — CONTESTS OVER LEGISLATIVE OFFICES — CONTESTS OVER EXECUTIVE OFFICES.
Status: in_force

34-2103. JURISDICTION — CONTESTS OVER LEGISLATIVE OFFICES — CONTESTS OVER EXECUTIVE OFFICES. (1) Contests over legislative offices.

(a) The senate will hear and determine contests of the election of its members.

(b) The house of representatives will hear and determine contests of the election of its members.

(2) Contests over executive offices. The legislature, in joint meeting, will hear and determine cases of contested election for all officers of the executive department. The meeting of the two (2) bodies to decide upon those elections will be held in the house of representatives, and the speaker of the house of representatives will preside.

History:

[34-2103, added 2017, ch. 293, sec. 2, p. 768.]
Idaho Code § 34-1413 — Idaho Code / Title 34 / Chapter 14 / Section 34-1413
34-1413 PROCEDURES FOR CERTAIN POLITICAL SUBDIVISION ELECTIONS TO MODIFY VOTING PROCEDURES.
Status: in_force

34-1413. procedures for certain political subdivision elections to modify voting procedures. Any county that wishes to modify voting procedures for a political subdivision election shall submit an election plan to the secretary of state for approval for the modified voting procedures to be effective at least forty (40) calendar days prior to an election. The secretary of state shall notify the political subdivision of its approval, disapproval and, if it is disapproved, what remedial measures may be taken that would allow for approval of the voting plan.

History:

[34-1413, added 2011, ch. 285, sec. 13, p. 783; am. 2014, ch. 162, sec. 4, p. 457.]
Idaho Code § 34-1709 — Idaho Code / Title 34 / Chapter 17 / Section 34-1709
34-1709 OFFICER TO CONTINUE IN OFFICE.
Status: in_force

34-1709. Officer to continue in office. The officer named in the recall petition shall continue to perform the duties of his office until the results of the special recall election are officially proclaimed.

History:

[34-1709, added 1972, ch. 283, sec. 3, p. 703; am. 2021, ch. 325, sec. 9, p. 997.]
Idaho Code § 34-408 — Idaho Code / Title 34 / Chapter 4 / Section 34-408
34-408 CLOSING OF REGISTER — TIME LIMIT.
Status: in_force

34-408. Closing of register — Time limit. (1) No elector may register in the office of the county clerk after 5:00 p.m. on the eleventh day before any election held throughout the county in which he resides for the purpose of voting at such election; provided however, a legible, accurate and complete registration application received in the office of the county clerk during the eleven (11) day period preceding an election shall be accepted and held by the county clerk until the day following the election when registration reopens, at which time the registration shall become effective. This deadline shall also apply to any registrars the county clerk may have appointed.

(2) Any elector who will complete his residence requirement or attain the requisite voting age during the period when the register of electors is closed may register prior to the closing of the register.

(3) Notwithstanding subsection (1) of this section, an individual who is eligible to vote may also register, upon completing a registration application and showing proof of identity and residence pursuant to section 34-411, Idaho Code, at the absent electors' polling place provided in section 34-1006, Idaho Code, or at an early voting station provided in section 34-1012, Idaho Code.

History:

[34-408, added 1970, ch. 140, sec. 43, p. 351; am. 1971, ch. 192, sec. 5, p. 874; am. 1974, ch. 172, sec. 1, p. 1431; am. 1981, ch. 105, sec. 1, p. 159; am. 1994, ch. 67, sec. 4, p. 138; am. 2001, ch. 99, sec. 1, p. 248; am. 2005, ch. 127, sec. 1, p. 412; am. 2016, ch. 359, sec. 4, p. 1055; am. 2023, ch. 293, sec. 2, p. 887; am. 2025, ch. 113, sec. 6, p. 603.]
Idaho Code § 34-708 — Idaho Code / Title 34 / Chapter 7 / Section 34-708
34-708 INDEPENDENT CANDIDATES.
Status: in_force

34-708. Independent candidates. (1) No person may offer himself as an independent candidate at the primary election.

(2) Any person who desires to offer himself as an independent candidate for federal, state, district, single countywide highway district pursuant to section 40-1404A, Idaho Code, or county office may do so by complying strictly with the provisions of this section. In order to be recognized as an independent candidate, each such candidate must file with the proper officer as provided by section 34-705, Idaho Code, a declaration of candidacy as an independent candidate, during the period specified in section 34-704, Idaho Code. Such declaration must state that he is offering himself as an independent candidate, must declare that he has no political party affiliation, and must declare the office for which he seeks election. Each such declaration must be accompanied by a petition containing the following number of signatures of qualified electors:

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

(b) Five hundred (500) for any congressional district office;

(c) Fifty (50) for any legislative district office; or

(d) Five (5) for any county office or a single countywide highway district office pursuant to section 40-1404A, Idaho Code.

(3) Signatures on the petitions required in this section shall be verified in the manner prescribed in section 34-1807, Idaho Code, on a form similar to that used for recall petitions under chapter 17, title 34, Idaho Code, as prescribed by the secretary of state.

(4) If all of the requirements of this section have been met, the proper officer shall cause the name of each independent candidate who has qualified to be placed on the general election ballot, according to instructions of the secretary of state.

History:

[34-708, added 1976, ch. 60, sec. 6, p. 204; am. 1979, ch. 309, sec. 5, p. 836; am. 1995, ch. 115, sec. 1, p. 385; am. 1996, ch. 28, sec. 24, p. 76; am. 2003, ch. 293, sec. 1, p. 795; am. 2021, ch. 272, sec. 2, p. 823; am. 2026, ch. 333, sec. 8, p. 1311.]
Idaho Code § 34-2413 — Idaho Code / Title 34 / Chapter 24 / Section 34-2413
34-2413 PREPARATION OF MACHINES FOR USE — INSTRUCTIONS.
Status: in_force

34-2413. Preparation of machines for use — Instructions. (1) Before each election at which voting machines or vote tally systems are to be used, the county clerk of a county, in which voting machines or vote tally systems are to be used, shall cause them to be properly prepared and shall cause the election board to be properly instructed in their use.

(2) For the purpose of giving such instruction, the county clerk shall call the meeting or meetings of the election board that are necessary. Each election board shall attend the meetings and receive the instruction necessary for the proper conduct of the election with the machine or vote tally system.

(3) No election board judge or clerk shall serve in any election at which a voting machine or vote tally system is used unless he has received the required instruction and is fully qualified to perform the duties in connection with the machine or vote tally system; but this requirement shall not prevent the appointment of an election board clerk to fill a vacancy in an emergency.

History:

[34-2413, added 1970, ch. 140, sec. 144, p. 351; am. 2012, ch. 211, sec. 13, p. 579.]
Idaho Code § 34-1202 — Idaho Code / Title 34 / Chapter 12 / Section 34-1202
34-1202 COMPARISON OF POLL LISTS AND BALLOTS — VOID BALLOTS.
Status: in_force

34-1202. Comparison of poll lists and ballots — Void ballots. The counting must commence by comparison of the ballots and the poll lists from the commencement, and a correction of any mistake that may be found therein, until they are found to agree. The ballot box shall be opened and the ballots found therein counted by the judges, unopened and the number of ballots in the box must agree with the number marked in the poll book as having received a ballot, and this number, together with the number of spoiled ballots, must agree with the number of stubs or counterfoils in the books from which the ballots have been taken. If the number of ballots issued does not agree with the number of stubs or counterfoils, the election judges shall have authority to make any decision to correct the situation; but this shall not be construed to allow the judges to void all ballots cast at that polling place.

When duplicate ballot boxes are used in a precinct, the duties herein prescribed shall be done after all of the votes have been tallied.

History:

[34-1202, added 1970, ch. 140, sec. 186, p. 351; am. 1995, ch. 215, sec. 15, p. 753.]
Idaho Code § 34-1216 — Idaho Code / Title 34 / Chapter 12 / Section 34-1216
34-1216 TIE VOTES — IN STATE OR DISTRICT ELECTIONS.
Status: in_force

34-1216. Tie votes — In state or district elections. In the case of a tie vote between the candidates at a primary or general election, the interested parties or their authorized agents shall appear before the secretary of state within two (2) days after the canvass and the tie shall be determined by a toss of a coin.

History:

[34-1216, added 1970, ch. 140, sec. 201, p. 351.]
Idaho Code § 34-914 — Idaho Code / Title 34 / Chapter 9 / Section 34-914
34-914 DISCLOSURES IN ELECTIONS TO AUTHORIZE A LEVY.
Status: in_force

34-914. disclosures in elections to authorize a levy. (1) Notwithstanding any other provision of law, on and after July 1, 2021, any taxing district that proposes to submit any question to the electors of the district that would authorize any levy, except for the levies authorized for the purposes provided in sections 63-802(1)(h) and 33-802(4), Idaho Code, and except for levies relating to bonded indebtedness where section 34-913, Idaho Code, applies, must include in the ballot question, or in a brief official statement on the ballot but separate from the ballot question, a disclosure setting forth in simple, understandable language information on the proposal substantially as follows:

(a) The purpose for which the levy shall be used; the date of the election; and the dollar amount estimated to be collected each year from the levy;

(b) The estimated average annual cost to the taxpayer of the proposed levy, in the form of "A tax of $_____ per $100,000 of taxable assessed value, per year, based on current conditions." If the taxing district proposing the levy has an existing levy of the same type that is set to expire at the time that the proposed levy will begin, an additional statement may be provided along the following lines: "The proposed levy replaces an existing levy that will expire on _____ and that currently costs $_____ per $100,000 of taxable assessed value." The statement shall also disclose that, if the proposed levy is approved, the tax per $100,000 of taxable assessed value is either: (i) not expected to change or (ii) is expected to increase or decrease the tax by $_____ per $100,000 of taxable assessed value. The dollar amounts referenced in this paragraph shall be calculated by multiplying the expected levy rate by one hundred thousand dollars ($100,000);

(c) The length of time, reflected in months or years, in which the proposed levy will be assessed;

(d) If an existing levy is referenced, the expiration date of the levy must also be provided; and

(e) If the ballot question or official statement includes information regarding guaranteed state tax relief funds of a specific dollar amount, including school district facilities funds, and such state tax relief funds will expire at a future date, the ballot question or official statement shall disclose the year such state tax relief funds are scheduled to expire using the following language: "such state tax relief funds are currently only guaranteed through ". No ballot question or official statement shall include any information regarding state tax relief funds, unless a specific dollar amount of such funds is guaranteed to the taxing district.

(2) The information called for in subsection (1) of this section must be placed immediately above the location on the ballot where a person casts a vote and must also be included in like manner in the official notice of the election.

(3) In order to be binding, a ballot question to authorize a levy must include the information and language required by this section in its official statement. The ballot question may not include other information or language regarding any other bond, levy, or matter, whether previous, current, or proposed, except as authorized under this section.

(4) Any mass communication, whether in printed, audio, visual, or electronic form or any other medium, sent by a taxing district to twenty (20) or more voters and any media presented by a taxing district for public viewing, including posters, websites, or social media, regarding its proposed levy must include the information required by subsection (1)(b) and (c) of this section.

(5) Upon a determination by a court, pursuant to section 34-2001A, Idaho Code, that the taxing district failed to comply with the provisions of this section, the court must declare the outcome of the ballot question invalid and award court costs and fees to the prevailing party.

History:

[34-914, added 2021, ch. 288, sec. 4, p. 864; am. 2023, ch. 282, sec. 2, p. 843; am. 2024, ch. 84, sec. 2, p. 381.]
Idaho Code § 34-2006 — Idaho Code / Title 34 / Chapter 20 / Section 34-2006
34-2006 JURISDICTION — COUNTY AND PRECINCT OFFICERS.
Status: in_force

34-2006. Jurisdiction — County and precinct officers. The district courts shall hear and determine contests of all other county, township and precinct officers, and officers of the cities and incorporated villages within the county.

History:

[(34-2006) 1890-1891, p. 57, sec. 139; reen. 1899, p. 33, sec. 126; reen. R.C. & C.L., sec. 5031; C.S., sec. 7279; I.C.A., sec. 33-1706.]
Idaho Code § 34-2313 — Idaho Code / Title 34 / Chapter 23 / Section 34-2313
34-2313 RECOUNT PROCEDURES FOR AUTOMATED TABULATION SYSTEMS.
Status: in_force

34-2313. recount procedures for automated tabulation systems. (1) To ensure the accuracy of automated vote tabulation systems, the county clerk shall follow the recount procedures provided in this section.

(2) The votes from a random selection of ballots shall be tallied by hand and the votes from the same ballots shall be tabulated by an electronic ballot tabulating system. For statewide and federal office or a statewide measure, the number of ballots to be tallied and tabulated shall be equal to at least two (2) precincts of the ballots cast in each county. For all other offices or measures, the number of ballots to be tallied and tabulated shall be equal to the greater of one hundred (100) or five percent (5%) of the ballots cast for the office or measure, distributed by county where applicable.

(3) For a statewide or federal office or a statewide measure, if the results of the hand-tally and the automated vote tally system tabulation within the county differ by one-fourth of one percent (.25%) or less, the remaining ballots shall be recounted using automated vote tabulating systems. Otherwise, the remaining ballots shall be recounted by hand.

(4) For other offices and ballot measures, if the results of the hand-tally and electronic vote tabulating system tabulation differ by less than one percent (1%), or two (2) votes, whichever is greater, the remaining ballots shall be recounted using automated vote tabulating systems. Otherwise, the remaining ballots shall be recounted by hand.

History:

[34-2313, added 2011, ch. 285, sec. 24, p. 787.]
Idaho Code § 34-1713 — Idaho Code / Title 34 / Chapter 17 / Section 34-1713
34-1713 TIME WITHIN WHICH RECALL MAY BE FILED — REMOVAL OF SIGNATURES.
Status: in_force

34-1713. Time within which recall may be filed — Removal of signatures. (1) No petition for a recall shall be circulated against any officer until he has actually held office under the current term for at least ninety (90) days.

(2) After one (1) special recall election, no further recall petition shall be filed against the same officer during his current term of office, unless the petitioners first pay into the public treasury which has paid such special recall election expenses the whole amount of the expenses for the preceding recall election. The specific reason for recall in one (1) recall petition for which an election has been held cannot be the basis for a second recall petition during that current term of office.

(3) The signer of any recall petition may remove his own name from the petition by crossing out, obliterating, or otherwise defacing his own signature at any time prior to the time when the petition is filed.

History:

[34-1713, as added by 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 6, p. 302; am. 2004, ch. 164, sec. 6, p. 539; am. 2013, ch. 135, sec. 11, p. 316.]
Idaho Code § 34-1409 — Idaho Code / Title 34 / Chapter 14 / Section 34-1409
34-1409 CONDUCT OF ELECTION ON ELECTION DAY.
Status: in_force

34-1409. Conduct of election on election day. At all elections conducted by any political subdivision, the polls shall be opened at 8:00 a.m. and remain open until all registered electors of that precinct have appeared and voted or until 8:00 p.m. of the same day, whichever comes first. However, the election official may, at his option, open the polls in his jurisdiction at 7:00 a.m.

All political subdivisions conducting elections on the same date shall, whenever practicable, use the same polling places.

History:

[34-1409, added 1992, ch. 176, sec. 4, p. 558.]
Idaho Code § 34-1002A — Idaho Code / Title 34 / Chapter 10 / Section 34-1002A
34-1002A EMERGENCY SITUATION ABSENTEE BALLOT — APPLICATION.
Status: in_force

34-1002A. emergency situation absentee ballot — application. (1) A registered elector who has not previously requested an absentee ballot for the same election and who is physically unable to vote in person at the elector's designated polling place on the day of the election because of an emergency situation requiring hospitalization of the elector may request an emergency situation absentee ballot by filing an emergency situation absentee ballot application with the county clerk. The secretary of state shall prescribe the form for the emergency situation absentee ballot application.

(a) The emergency application may be submitted to the county clerk up to five (5) days prior to the election but shall be received by the county clerk no later than 5:00 p.m. on the Monday before the election, in order to allow for the coordination of ballot delivery to the requesting elector at the hospital.

(b) The emergency application shall be signed personally by the applicant.

(c) The situation rendering the requesting elector physically unable to vote in person at the polling place must have occurred after 5:00 p.m. on the eleventh day prior to the election, and the applicant must attest to that fact with the applicant's signature.

(2) Regardless of the time of the request, an absentee ballot delivered under this section must be returned to the county clerk's office from which it was received in order to be counted, in accordance with section 34-1005, Idaho Code.

(3) The county clerk shall deem the location of an individual to be an absent elector's polling place, as provided in section 34-1006, Idaho Code, solely for the purposes of registering the applicant under section 34-408A, Idaho Code, and shall provide the applicant with an emergency situation absentee ballot in the event that the individual who wishes to apply for an emergency situation absentee ballot under this section:

(a) Was not a registered elector at the time the register closed but became eligible for registration following the closing of the register;

(b) Was rendered physically unable to register in person on election day by the emergency situation; and

(c) Was otherwise qualified to request an emergency situation absentee ballot under this section.

History:

[34-1002A, added 2020, ch. 286, sec. 2, p. 831.]
Idaho Code § 34-2024 — Idaho Code / Title 34 / Chapter 20 / Section 34-2024
34-2024 ELECTION DECLARED VOID.
Status: in_force

34-2024. Election declared void. When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the election shall be declared void.

History:

[(34-2024) 1890-1891, p. 57, sec. 165; reen. 1899, p. 33, sec. 152; reen. R.C. & C.L., sec. 5049; C.S., sec. 7297; I.C.A., sec. 33-1724.]
Idaho Code § 34-218 — Idaho Code / Title 34 / Chapter 2 / Section 34-218
34-218 ELECTION ADMINISTRATION — PRIVATE MONEYS PROHIBITED.
Status: in_force

34-218. election administration — private moneys prohibited. Elections held in this state must be funded only by lawful appropriations from the government of the United States, the state of Idaho, or other local governments, including counties, cities, and special taxing districts. No official or employee of the state of Idaho, county clerk, local elections office, or other local governing body administering or conducting an election may accept or expend moneys in any amount or accept any items or goods with a total value in excess of one hundred dollars ($100) from any private persons, corporations, organizations, business entities, political parties, or any other private entity. This section does not apply to the collection of fees authorized by law or to the donation of a facility or space for the use of election officials in holding an election.

History:

[34-218, added 2021, ch. 275, sec. 1, p. 827; am. 2023, ch. 20, sec. 1, p. 130.]
Idaho Code § 34-2004 — Idaho Code / Title 34 / Chapter 20 / Section 34-2004
34-2004 JURISDICTION — CONTESTS OVER JUDICIAL OFFICES.
Status: in_force

34-2004. Jurisdiction — Contests over judicial offices. The Supreme Court shall hear and determine contests of the election of judges of the Supreme Court and appellate court and judges of the district courts, and in case they shall disagree, the governor shall act with them in determining the contest, but no judge of the Supreme Court shall sit upon the hearing of any case in which he is a party. The appropriate district court shall hear and determine contests of the retention election of judges of the magistrate courts.

History:

[(34-2004) 1890-1891, p. 57, sec. 137; am. 1899, p. 33, sec. 124; reen. R.C. & C.L., sec. 5029; C.S., sec. 7277; I.C.A., sec. 33-1704; am. 1982, ch. 209, sec. 2, p. 574.]
Idaho Code § 34-621 — Idaho Code / Title 34 / Chapter 6 / Section 34-621
34-621 ELECTION OF COUNTY ASSESSORS — QUALIFICATIONS.
Status: in_force

34-621. Election of county assessors — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, a county assessor shall be elected in every county.

(2) No person shall be elected to the office of county assessor unless he has attained the age of twenty-one (21) years at the time of his 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.

History:

[34-621, added 1970, ch. 140, sec. 102, p. 351; am. 1971, ch. 193, sec. 3, p. 879; am. 1996, ch. 28, sec. 17, p. 74.]
Idaho Code § 34-707 — Idaho Code / Title 34 / Chapter 7 / Section 34-707
34-707 PARTY CONVENTIONS.
Status: in_force

34-707. Party conventions. A state convention shall be held by each political party in each election year at a time and place determined by the state central committee. The state central committee chairman shall preside and cause notice to be given to each legislative district central committee and each county central committee at the earliest possible date.

Each state convention shall write and adopt rules and regulations governing the conduct of their respective conventions.

At their convention each political party may:

(1) Adopt and write a party platform.

(2) Elect any desired officers not otherwise provided for by law.

(3) In the year of presidential elections (a) elect delegates to the national convention in the manner prescribed by national party rules; (b) elect a national committeeman and a national committeewoman; and (c) select presidential electors.

(4) Adopt rules, regulations and directives regarding party policies, practices and procedures.

History:

[34-707, added 1970, ch. 140, sec. 111, p. 351; am. 1971, ch. 5, sec. 6, p. 11; am. 1971 (E.S.), ch. 9, sec. 5, p. 20; am. 1973, ch. 122, sec. 1, p. 232; am. 1980, ch. 236, sec. 1, p. 524; am. 2003, ch. 94, sec. 1, p. 279.]
Idaho Code § 34-1101 — Idaho Code / Title 34 / Chapter 11 / Section 34-1101
34-1101 OPENING AND CLOSING OF POLLS.
Status: in_force

34-1101. Opening and closing of polls. (1) At all elections conducted pursuant to title 34, Idaho Code, the polls shall be opened at 8:00 A.M. and remain open until all registered electors of that precinct have appeared and voted or until 8:00 P.M. of the same day, whichever comes first. The county clerk, at his option, however, may open the polls in his county at 7:00 A.M. for a primary or general election.

(2) Upon opening the polls, one (1) of the judges shall make the proclamation of the same and thirty (30) minutes before closing the polls a proclamation shall be made in the same manner. Any elector who is in line at 8:00 P.M. shall be allowed to vote notwithstanding the pronouncement that the polls are closed.

History:

[34-1101, added 1970, ch. 140, sec. 173, p. 351; am. 1972, ch. 349, sec. 1, p. 1033; am. 1973, ch. 304, sec. 11, p. 646; am. 1993, ch. 313, sec. 12, p. 1163.]
Idaho Code § 34-2029 — Idaho Code / Title 34 / Chapter 20 / Section 34-2029
34-2029 JURISDICTION OVER PRIMARY CONTEST.
Status: in_force

34-2029. Jurisdiction over primary contest. The district court in the respective county in which the alleged error or omission occurred shall be the court in which jurisdiction shall rest.

History:

[34-2029, added 1982, ch. 209, sec. 11, p. 576.]
Idaho Code § 34-2102 — Idaho Code / Title 34 / Chapter 21 / Section 34-2102
34-2102 DEFINITIONS.
Status: in_force

34-2102. definitions. For the purposes of this chapter, the following terms have the following meanings:

(1) "Body" means the Idaho senate or the Idaho house of representatives or both.

(2) "Contestee" means the individual against whom the contest of election is filed.

(3) "Contestor" means the individual who files the contest of election.

(4) "Elector" has the same meaning as "qualified elector" provided in section 34-104, Idaho Code.

(5) "Eligible for the office" means the qualifications of members provided in section 34-614, Idaho Code.

(6) "Individual" means a natural person and not an artificial person such as a corporation, partnership, or other entity created by law.

(7) "Legislature" means the Idaho senate or the Idaho house of representatives or both.

(8) "Office" means any senate member, house of representatives member, executive office holder, or all.

(9) "Parties" means the contestor and the contestee.

(10) "Party" means the contestor or the contestee.

(11) "Presiding officer" means the Idaho senate president pro tempore or the speaker of the Idaho house of representatives. In the event the contestee or the contestor is the presiding officer, then the next ranking member of majority leadership who is able and willing serves as presiding officer. In the event the contestee or the contestor is an office holder in the executive department, then both the Idaho senate president pro tempore and the speaker of the Idaho house of representatives will serve as presiding officers.

History:

[34-2102, added 2017, ch. 293, sec. 2, p. 767.]
Idaho Code § 34-1506 — Idaho Code / Title 34 / Chapter 15 / Section 34-1506
34-1506 NOTIFICATION OF ELECTION TO FILL VACANCY.
Status: in_force

34-1506. Notification of election to fill vacancy. Immediately after such choice is made the names of the persons so chosen shall forthwith be certified to the governor by the electors making such choice; and the governor shall cause immediate notice to be given in writing to the electors chosen to fill such vacancies; and the said persons so chosen shall be electors, and shall meet the other electors at the same time and place, and then and there discharge all and singular the duties enjoined on them as electors aforesaid by the Constitution and laws of the United States and of this state.

History:

[(34-1506) 1890-1891, p. 57, sec. 114; reen. 1899, p. 66, sec. 4; reen. R.C. & C.L., sec. 464; C.S., sec. 648; I.C.A., sec. 33-1406.]
Idaho Code § 34-1810 — Idaho Code / Title 34 / Chapter 18 / Section 34-1810
34-1810 PRINTING AND DESIGNATION OF BALLOT TITLES ON OFFICIAL BALLOTS.
Status: in_force

34-1810. Printing and designation of ballot titles on official ballots. (1) The secretary of state, at the time he furnishes to the county clerks of the several counties certified copies of the names of candidates for state and district offices shall furnish to each of said county clerks a certified copy of the ballot titles and numbers of the several measures to be voted upon at the ensuing general election, and he shall use for each measure the ballot title designated in the manner herein provided.

(a) Such ballot title shall not resemble, so far as to probably create confusion, any such title previously filed for any measure to be submitted at that election.

(b) The ballot shall include a clear and concise statement as to the effect of a "yes" or "no" vote, prepared jointly by the attorney general and secretary of state.

(2) The secretary of state shall number the measures consecutively beginning with number (1), in the order in which the measures were finally filed with the secretary. The measures shall be designated on the ballot as a "Proposition One," "Proposition Two," et cetera.

History:

[34-1810, added 1933, ch. 210, sec. 10, p. 431; am. 1988, ch. 48, sec. 7, p. 72; am. 2003, ch. 147, sec. 2, p. 425.]
Idaho Code § 34-1407 — Idaho Code / Title 34 / Chapter 14 / Section 34-1407
34-1407 WRITE-IN CANDIDATES.
Status: in_force

34-1407. Write-in candidates. (1) No write-in candidate for any nonpartisan elective office shall be counted unless a declaration of intent has been filed indicating that the person desires the office and is legally qualified to assume the duties of the office. The declaration of intent shall be filed with the clerk of the political subdivision by no later than 5:00 p.m. on the ninth Friday before the date of the election.

(2) If the statutes governing elections within a specific political subdivision provide that no election shall be held in the event that no more than one (1) candidate has filed for an office, that statute shall be interpreted in such a manner as to allow for filing a declaration of intent for a write-in candidate until 5:00 p.m. on the ninth Friday before the election. However, if no candidate has filed within that time, no election shall be held for that political subdivision. The provisions of this section shall not apply to federal, state, or legislative district candidates in the primary election covered by the provisions of section 34-702A, Idaho Code.

History:

[34-1407, added 1992, ch. 176, sec. 4, p. 557; am. 1993, ch. 313, sec. 11, p. 1162; am. 1997, ch. 362, sec. 1, p. 1070; am. 2011, ch. 11, sec. 19, p. 34; am. 2019, ch. 96, sec. 13, p. 350; am. 2020, ch. 69, sec. 5, p. 158; am. 2025, ch. 113, sec. 21, p. 610.]
Idaho Code § 34-1803 — Idaho Code / Title 34 / Chapter 18 / Section 34-1803
34-1803 REFERENDUM PETITIONS — TIME FOR FILING — WHEN ELECTION HELD — EFFECTIVE DATE OF LAW.
Status: in_force

34-1803. Referendum petitions — Time for filing — When election held — Effective date of law. Referendum petitions with the requisite number of signatures attached, as verified by county clerks pursuant to section 34-1807, Idaho Code, shall be filed with the secretary of state not more than sixty (60) days after the final adjournment of the session of the state legislature that passed on the bill on which the referendum is demanded. All elections on measures referred to the people of the state shall be had at the biennial regular election. Any measure so referred to the people shall take effect and become a law when it is approved by a majority of the votes cast thereon, and not otherwise.

History:

[34-1803, added 1933, ch. 210, sec. 3, p. 431; am. 2021, ch. 262, sec. 4, p. 809.]
Idaho Code § 34-2012 — Idaho Code / Title 34 / Chapter 20 / Section 34-2012
34-2012 POSTPONEMENT OF TRIAL.
Status: in_force

34-2012. Postponement of trial. The trial shall proceed at the time appointed, unless postponed for good cause shown by affidavit, the terms of which postponement are in the discretion of the court.

History:

[(34-2012) 1890-1891, p. 57, sec. 153; reen. 1899, p. 33, sec. 140; reen. R.C. & C.L., sec. 5037; C.S., sec. 7285; I.C.A., sec. 33-1712.]
Idaho Code § 34-2127 — Idaho Code / Title 34 / Chapter 21 / Section 34-2127
34-2127 APPEALS.
Status: in_force

34-2127. Appeals. (1) In primary election contests, the party against whom judgment is rendered on cases filed in the district court may appeal to the supreme court. The appeal must be taken within ten (10) days of the judgment of the district court.

(2) The supreme court must give the primary contest appeal priority and in no case may it render a decision more than ten (10) days after the receipt of an appeal.

(3) The supreme court may award attorney's fees if it finds the appeal is frivolous and has no foundation in law or fact.

History:

[34-2127, added 2017, ch. 293, sec. 2, p. 775.]
Idaho Code § 34-402 — Idaho Code / Title 34 / Chapter 4 / Section 34-402
34-402 QUALIFICATIONS OF ELECTORS.
Status: in_force

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

History:

[34-402, added 1970, ch. 140, sec. 37, p. 351; am. 1971, ch. 192, sec. 1, p. 874; am. 1972, ch. 392, sec. 1, p. 1131; am. 1973, ch. 304, sec. 4, p. 646; am. 1982, ch. 253, sec. 2, p. 646.]
Idaho Code § 34-1818 — Idaho Code / Title 34 / Chapter 18 / Section 34-1818
34-1818 FALSE AFFIDAVIT BY ANY PERSON UNLAWFUL.
Status: in_force

34-1818. False affidavit by any person unlawful. It shall be unlawful for any person to make any false affidavit concerning any petition mentioned in sections 34-1801—34-1822, or the signatures appended thereto.

History:

[34-1818, added 1933, ch. 210, sec. 18, p. 431.]
Idaho Code § 34-2033 — Idaho Code / Title 34 / Chapter 20 / Section 34-2033
34-2033 DISCOVERY.
Status: in_force

34-2033. 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 shall be given priority on the court's calendar.

History:

[34-2033, added 1982, ch. 209, sec. 15, p. 577.]
Idaho Code § 34-1414 — Idaho Code / Title 34 / Chapter 14 / Section 34-1414
34-1414 ELECTION BY ZONES — EXCEPTION FOR CERTAIN POLITICAL SUBDIVISIONS.
Status: in_force

34-1414. election by zones — exception for certain political subdivisions. Notwithstanding any other provision of law to the contrary, the governing body of any political subdivision that contains no more than one hundred forty (140) registered voters at the last general election may apply to the appropriate board of county commissioners for a determination that the election of the members of the political subdivision's governing body may be held at large instead of by district zones or subdistricts. The board of county commissioners shall make the determination whether to permit the election of the political subdivision's governing body to be elected at large and the county clerk shall provide notice of the board's decision to the affected electors at least ninety (90) days before the next general election. If the board of county commissioners approves the request for an at-large election, the approval shall apply to future elections until revoked by the board of county commissioners.

History:

[34-1414, added 2021, ch. 70, sec. 1, p. 252.]
Idaho Code § 34-401 — Idaho Code / Title 34 / Chapter 4 / Section 34-401
34-401 ELECTORS PRIVILEGED FROM ARREST DURING ATTENDANCE AT POLLING PLACE — EXCEPTION.
Status: in_force

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

History:

[34-401, added 1970, ch. 140, sec. 36, p. 351.]
Idaho Code § 34-2308 — Idaho Code / Title 34 / Chapter 23 / Section 34-2308
34-2308 CANDIDATE DISAGREEING WITH RECOUNT RESULTS — APPEAL.
Status: in_force

34-2308. Candidate disagreeing with recount results — Appeal. (1) Any candidate or person may appeal the results of a recount or the determination that a recount is not necessary when:

(a) Any candidate for the office or the person on either side of a measure for which a recount has been requested disagrees with the results of the recount and alleges that the law has been misinterpreted or misapplied;

(b) It appears that a different application or interpretation of the law would have required a general recount where no general recount was ordered; or

(c) It appears that a different application or interpretation of the law would not have required a general recount where a general recount was ordered;

then the candidate claiming the misinterpretation or the misapplication of law may appeal to the district court in the county concerned if the office is a county, municipal or district office or to the district court in Ada county if the office is a federal or state office.

(2) The submittal on appeal shall be by brief and submitted within twenty-four (24) hours following the recount. The appeal submittal shall be served upon the attorney general of Idaho or the county prosecuting attorney within twenty-four (24) hours of filing it within the district court. The appeal submittal shall also be served upon the opposing candidate(s) or representatives of the pro and con sides of the ballot measure within twenty-four (24) hours of filing the appeal in the district court.

(3) The attorney general, in consultation with the secretary of state, may respond to the submittal by brief or the prosecuting attorney, in consultation with the county clerk, may respond for district elections.

(4) The opposing candidate(s) or parties, regarding a measure, may respond to the submittal by brief.

(5) At the discretion of the district court judge, a hearing may be ordered within five (5) days of the filing of the appeal. All parties required to be served with the appeal may participate fully in the hearing. The judge may determine that the appeal may be decided on the brief without a hearing.

(6) A decision thereon shall be given within five (5) days. Any appeal from the decision of the district court must be taken within twenty-four (24) hours after a decision is rendered. A decision on the appeal shall be given within five (5) days. No further appeal shall be allowed.

History:

[34-2308, added 1957, ch. 198, sec. 8, p. 410; am. 1985, ch. 41, sec. 7, p. 86; am. 2004, ch. 48, sec. 1, p. 233; am. 2011, ch. 285, sec. 22, p. 786.]
Idaho Code § 34-1505 — Idaho Code / Title 34 / Chapter 15 / Section 34-1505
34-1505 FILLING VACANCIES — TIE VOTE.
Status: in_force

34-1505. Filling vacancies — Tie vote. If more than the number of persons required to fill the vacancies, as aforesaid, have the highest and an equal number of votes, then the governor, in the presence of the electors attending, shall decide by lot which of said persons shall be elected; otherwise they, to the number required, having the greatest number of votes, shall be considered elected to fill such vacancies.

History:

[(34-1505) 1890-1891, p. 57, sec. 113; reen. 1899, p. 66, sec. 3; reen. R.C. & C.L., sec. 463; C.S., sec. 647; I.C.A., sec. 33-1405.]
Idaho Code § 34-908 — Idaho Code / Title 34 / Chapter 9 / Section 34-908
34-908 EACH BALLOT TO CARRY OFFICIAL ELECTION BALLOT IDENTIFICATION ON OUTSIDE — MARKING OF BALLOT BY VOTER.
Status: in_force

34-908. Each ballot to carry official election ballot identification on outside — Marking of ballot by voter. (1) Every ballot used at any primary, general or special election shall be marked on the outside with the official election ballot identification before it is given to the voter. At this time the election official distributing the ballots shall give the voter instructions in regard to folding the ballot after he has voted.

(2) The voter shall mark his ballot with a cross (X) or other mark sufficient to show his intent in the place provided after the name of the candidate for whom he intends to vote for each office.

(3) If a person votes by writing the name of a candidate on the ballot, such act shall constitute a vote for the person's name who appears without the necessity of placing a mark after the name written on the ballot, unless such a mark is required by a vote tally system.

History:

[34-908, added 1970, ch. 140, sec. 128, p. 351; am. 1988, ch. 293, sec. 1, p. 932; am. 2013, ch. 285, sec. 3, p. 736.]
Idaho Code § 34-1814 — Idaho Code / Title 34 / Chapter 18 / Section 34-1814
34-1814 WHO MAY SIGN PETITION — EFFECT OF WRONGFUL SIGNING — PENALTY FOR WRONGFUL SIGNING.
Status: in_force

34-1814. Who may sign petition — Effect of wrongful signing — Penalty for wrongful signing. Every person who is a qualified elector of the state of Idaho may sign a petition for the referendum or for the initiative for any measure which he is legally entitled to vote upon. Any person signing any name other than his own to any petition, or knowingly signing his name more than once for the same measure at one election, or who is not at the time of signing the same a legal voter of this state, or any officer or person wilfully violating any provision of this statute, shall, upon conviction thereof be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in the penitentiary not exceeding two (2) years, or by both such fine and imprisonment, in the discretion of the court before which such conviction shall be had. Any such wrongful signatures are null and void and shall not be counted as a qualified signature. Any person circulating a petition, who knows, or who in the exercise of reasonable care should know, that a signature is forged and who shall thereafter fail to strike through and thereby void such signature, and any person in a position of supervision of such person who suffers or permits a forged signature to remain on a petition shall pay a fine of not less than one thousand dollars ($1,000) for each such signature.

History:

[34-1814, added 1933, ch. 210, sec. 14, p. 431; am. 1997, ch. 266, sec. 8, p. 762.]
Idaho Code § 34-220 — Idaho Code / Title 34 / Chapter 2 / Section 34-220
34-220 JUDICIAL REVIEW — ELECTION RESULTS.
Status: in_force

34-220. judicial review — election results. (1) If the vote count in an election has been completed and it appears to the secretary of state or a county clerk that an error has occurred in the administration of such election that may be sufficient to change the result of the election, then the secretary of state or clerk of the county in which such error appears to have occurred may petition the district court of the county in which the error appears to have occurred for judicial review of the election. The petition shall be filed within twenty-eight (28) days of the date of the election.

(2) The secretary of state or the county clerk initiating a petition under this section shall serve notice of the petition on:

(a) Any candidate appearing on the ballot in such election; and

(b) Any taxing district or other party responsible for placing an initiative, a referendum, or another question on the ballot in such election.

(3) The district court may:

(a) Give such precedence on its docket to a petition under this section as the circumstances may require; and

(b) Consider any evidence related to the error alleged in the petition.

(4) The scope of the district court's review shall be limited to whether the error alleged in the petition occurred and, if so, whether the error was sufficient to change the result of the election. If the court determines that the error was sufficient to change the result of the election, then the court shall declare the election void and order a new election to be held at the expense of the agency where the error occurred. The new election shall be held as soon as practicable and need not occur on a date provided in section 34-106, Idaho Code.

(5) Court proceedings held pursuant to this section shall be conducted according to the Idaho rules of civil procedure, as applicable, and any other rules deemed pertinent by the district court.

History:

[(34-220) 34-219, added 2022, ch. 73, sec. 1, p. 212; am. and redesig. 2023, ch. 218, sec. 8, p. 612.]
Idaho Code § 34-1415 — Idaho Code / Title 34 / Chapter 14 / Section 34-1415
34-1415 ELECTION ZONES, DISTRICTS, AND SUBDISTRICTS.
Status: in_force

34-1415. election zones, districts, and subdistricts. Any city or special district subject to the provisions of this chapter whose governing body members are elected by separate zones, districts, or subdistricts shall notify the county clerk of any approved changes in the boundaries of such zones, districts, or subdistricts within thirty (30) days after the approval of such changes or within thirty (30) days prior to the filing deadline for candidates for the governing body, whichever is earlier.

History:

[34-1415, added 2022, ch. 257, sec. 1, p. 837.]
Idaho Code § 34-1102 — Idaho Code / Title 34 / Chapter 11 / Section 34-1102
34-1102 CHANGING POLLING PLACE — PROCLAMATION AND NOTICE.
Status: in_force

34-1102. Changing polling place — Proclamation and notice. Whenever it shall become impossible or inconvenient to hold an election at the place designated therefor, the judges of election, after assembling and before receiving any vote, may adjourn to the nearest convenient place for holding the election, and at such adjourned place forthwith proceed with the election and the county clerk shall be notified of the change.

Upon adjourning any election, the judges shall cause proclamation thereof to be made, and shall post a notice upon the place where the adjournment was made from notifying electors of the change of polling place.

History:

[34-1102, added 1970, ch. 140, sec. 174, p. 351.]
Idaho Code § 34-2035 — Idaho Code / Title 34 / Chapter 20 / Section 34-2035
34-2035 APPEALS.
Status: in_force

34-2035. Appeals. (a) In primary election contests, the party against whom judgment is rendered on cases filed in the district court may appeal to the Supreme Court. The appeal shall be taken within ten (10) days of the judgment by the district court.

(b) The Supreme Court shall give the primary contest appeal priority on its calendar.

History:

[34-2035, added 1982, ch. 209, sec. 17, p. 577.]
Idaho Code § 34-616 — Idaho Code / Title 34 / Chapter 6 / Section 34-616
34-616 ELECTION — SELECTION — OF DISTRICT JUDGES — QUALIFICATIONS.
Status: in_force

34-616. Election — selection — of district judges — Qualifications. (1) At the primary election, 1974, and every four (4) years thereafter, subject to the provisions of section 34-1217, Idaho Code, there shall be elected in each judicial district a sufficient number of district judges to fill any vacancy or vacancies occasioned by the expiration of the term or terms of office of any member or members.

(2) To be elected to the office of district judge a person must, at the time of such election, meet all of the following qualifications:

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

(b) Be a citizen of the United States and an elector in the judicial district in which elected;

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

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

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

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

(4) Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of one hundred fifty dollars ($150) which shall be deposited in the general fund.

(5) To be appointed to the office of district judge a person must, at the time of such appointment, meet all of the following qualifications:

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

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

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

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

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

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

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

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

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

History:

[34-616, added 1970, ch. 140, sec. 96, p. 351; am. 1970, ch. 231, sec. 1, p. 643; am. 1972, ch. 46, sec. 2, p. 84; am. 1985, ch. 29, sec. 7, p. 57; am. 1996, ch. 28, sec. 12, p. 72; am. 2015, ch. 282, sec. 4, p. 1148; am. 2015, ch. 310, sec. 4, p. 1219; am. 2016, ch. 47, sec. 19, p. 112.]
Idaho Code § 34-2424 — Idaho Code / Title 34 / Chapter 24 / Section 34-2424
34-2424 PAPER BALLOTS USED IN CONJUNCTION WITH VOTING MACHINES.
Status: in_force

34-2424. Paper ballots used in conjunction with voting machines. In any election where voting machines or vote tally systems are used:

(1) Paper ballots may be used to record the electors' votes for party offices.

(2) Paper ballots may be used to record the electors' votes for or against municipal candidates or measures.

(3) Paper ballots which are used in conjunction with voting machines may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code.

(4) Ballots or ballot cards may be returned to the office of the county clerk for counting.

(5) In the event that paper ballots are used in conjunction with voting machines or vote tally systems to record write-in votes, these paper ballots may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code.

History:

[34-2424, added 1970, ch. 140, sec. 155, p. 351; am. 2012, ch. 211, sec. 14, p. 579.]
Idaho Code § 34-1106 — Idaho Code / Title 34 / Chapter 11 / Section 34-1106
34-1106 SIGNING COMBINATION ELECTION RECORD AND POLL BOOK — DELIVERY OF BALLOT TO ELECTOR.
Status: in_force

34-1106. Signing combination election record and poll book — Delivery of ballot to elector. (1) An elector desiring to vote shall state his name and address to the judge or clerk in charge of the combination election record and poll book.

(2) Before receiving his ballot, each elector shall sign his name in the combination election record and poll book following his name therein and show a valid photo identification as provided for in section 34-1113, Idaho Code, or personal identification affidavit as provided for in section 34-1114, Idaho Code.

(3) No person shall knowingly sign his name in the combination election record and poll book if his residence address is not within that precinct at the time of signing.

(4) If the residence address of a person contained in the combination election record and poll book is incorrectly given due to an error in preparation of the combination election record and poll book, the judge shall ascertain the correct address and make the necessary correction.

(5) The elector shall then be given the appropriate ballots which have been marked with the official election ballot identification and shall be given folding instructions for such ballots.

History:

[34-1106, added 1970, ch. 140, sec. 178, p. 351; am. 1972, ch. 349, sec. 2, p. 1033; am. 2010, ch. 246, sec. 1, p. 634; am. 2013, ch. 285, sec. 6, p. 737.]
Idaho Code § 34-612 — Idaho Code / Title 34 / Chapter 6 / Section 34-612
34-612 ELECTION OF ATTORNEY GENERAL — QUALIFICATIONS.
Status: in_force

34-612. Election of attorney general — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, an attorney general shall be elected.

(2) No person shall be elected to the office of attorney general unless he shall have attained the age of thirty (30) years at the time of his election, is admitted to the practice of law within the state, 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:

[34-612, added 1970, ch. 140, sec. 92, p. 351; am. 1996, ch. 28, sec. 8, p. 70.]
Idaho Code § 34-1807 — Idaho Code / Title 34 / Chapter 18 / Section 34-1807
34-1807 CIRCULATION OF PETITIONS — PAID SIGNATURE GATHERERS — VERIFICATION OF PETITION AND SIGNATURE SHEETS — CERTIFICATION OF PETITION SIGNERS — CERTAIN PETITIONS AND SIGNATURES VOID.
Status: in_force

34-1807. Circulation of petitions — PAID signature gatherers — Verification of petition and signature sheets — certification of petition signers — Certain petitions and signatures void. (1) Any person who circulates any petition for an initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age.

(2)(a) Any person who accepts payment to circulate a petition for an initiative or referendum shall, prior to accepting a signature:

(i) Verbally notify any potential signatory that such person is accepting payment to gather signatures and provide the name of the person or entity providing payment to such person; and

(ii) Cause to be printed on each page of any petition for an initiative or referendum a prominent and legible declaration that such person is receiving payment in exchange for circulating the petition and the name of the person providing payment to such person.

(b) At all times a person is circulating a petition pursuant to paragraph (a) of this subsection, such person shall wear a badge that is clearly visible to any potential signatory and that contains the words "paid petition circulator" on it.

(c) The Idaho secretary of state shall promulgate rules to implement the provisions of this subsection, which shall provide details regarding the font specifications that shall be required for the printed declaration required under paragraph (a)(ii) of this subsection and the specifications regarding font, shape, color, and size requirements for the badge required under paragraph (b) of this subsection.

(3) Each and every sheet of every such petition containing signatures shall be verified on the face thereof in substantially the following form, by the person who circulated said sheet of said petition, by his or her affidavit thereon, and as a part thereof:

(a) For persons not accepting payment for circulating a petition:

State of Idaho )

)ss.

County of…. )

I,…., being first duly sworn, say that I am a resident of the State of Idaho and at least eighteen (18) years of age; that I have not and will not accept remuneration in any way related to the petition; that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence; that I believe that each has stated his or her name, address and residence correctly; and that each signer is a qualified elector of the State of Idaho and a resident of the county of…..

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

(Notary Seal)

(b) For persons accepting payment for circulating a petition:

State of Idaho )

)ss.

County of…. )

I,…., being first duly sworn, say that I am a resident of the state of Idaho and at least eighteen (18) years of age; that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence, after I verbally notified each individual signer that I will receive payment in exchange for gathering the signatures on this sheet; I believe that each has stated his or her name, address and residence correctly; that each signer is a qualified elector of the State of Idaho and a resident of the county of…..

I am accepting payment for the circulation of the foregoing petition by…. and the address of such payor is…..

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

(Notary Seal)

(4) In addition to said affidavit, the county clerk shall carefully examine said petitions and strike from the petition any names for which he has determined that the name, address, or signature do not match and confirm that each name, address, and signature matches those of a qualified elector of the proper jurisdiction and that the petitions conform to all other provisions of this section. The county clerk shall attach to the signature sheets a certificate to the secretary of state substantially as follows:

State of Idaho )

)ss.

County of…. )

To the Honorable…., Secretary of State for the State of Idaho: I,…., County Clerk of…. County, hereby certify that…. signatures on this petition are those of qualified electors in Legislative District Number…..

(Seal of office)

(5) The county clerk shall deliver the petition or any part thereof to the person from whom he received it with his certificate attached thereto as above provided. The forms herein given are not mandatory and if substantially followed in any petition, it shall be sufficient, disregarding clerical and merely technical error.

(6) Any petition on which signatures are obtained by a person not a resident of the state of Idaho and at least eighteen (18) years of age shall be void. The definition of resident in section 34-107, Idaho Code, shall apply to the circulators of initiative and referendum petitions.

(7) Any signature that is not a physical signature, including an electronic signature, is void.

(8) Any petition for an initiative or referendum on which signatures are obtained that is circulated in violation of the disclosure provisions provided in subsection (2) of this section is void.

History:

[34-1807, added 1933, ch. 210, sec. 7, p. 431; am. 1988, ch. 48, sec. 4, p. 68; am. 1997, ch. 266, sec. 6, p. 759; am. 1999, ch. 47, sec. 1, p. 109; am. 2013, ch. 214, sec. 4, p. 504; am. 2013, ch. 336, sec. 3, p. 874; am. 2021, ch. 262, sec. 5, p. 809; am. 2024, ch. 285, sec. 1, p. 973.]
Idaho Code § 34-2409 — Idaho Code / Title 34 / Chapter 24 / Section 34-2409
34-2409 EXAMINATION OF MACHINES BY SECRETARY OF STATE PRIOR TO CERTIFICATION.
Status: in_force

34-2409. Examination of machines by secretary of state prior to certification. (1) The secretary of state shall publicly examine all makes of voting machines or vote tally systems submitted to him and determine whether the machines or vote tally systems comply with the requirements of this chapter and can safely be used by voters at elections under the provisions of this chapter. All voting machines or vote tally systems shall be certified by the secretary of state for use in Idaho. Except for functions or capabilities unique to this state, voting machines and vote tally systems shall be tested by a voting system testing laboratory prior to the examination of voting machines and vote tally systems by the secretary of state.

(2) Any person owning or interested in a voting machine or vote tally system may submit it to the secretary of state for examination. No examination shall be conducted unless documentation is provided indicating that the voting machine or vote tally system meets United States election assistance commission guidelines. For the purpose of assistance in examining the machine or vote tally system, the secretary of state may employ not more than three (3) individuals who are expert in one (1) or more of the fields of data processing, mechanical engineering, and public administration. The compensation of these assistants shall be paid by the person submitting the machine or vote tally system.

(3) Within thirty (30) days after completing the examination of any voting machine or vote tally system, the secretary of state shall make and file in his office his report and determination of certification on the machine or vote tally system, together with a written or printed description and drawings or photographs clearly identifying the machine or vote tally system and the operation thereof. As soon as practicable after such filing, the secretary of state upon request shall send a copy of the report to any governing body within the state.

(4) Any voting machine or vote tally system that receives the certification of the secretary of state may be used for conducting elections in this state. Any machine or vote tally system that does not receive such certification shall not be adopted for or used at any election. After a voting machine or vote tally system has been certified by the secretary of state, any change or improvement in the machine or vote tally system that does not impair its accuracy, efficiency, or capacity shall not render necessary a reexamination or recertification of the machine or vote tally system.

(5) Any voting system, including paper ballots, that was used in the 2004 general election shall be continued to be authorized for use as long as the voting system meets the requirements of the "Help America Vote Act of 2002," Public Law 107-252.

(6) For all elections conducted after 2004, no direct recording electronic voting device shall be used unless the direct recording electronic voting device has a voter verifiable paper audit trail. Any certifications of a direct recording electronic voting device without a voter verifiable paper audit trail are hereby declared null and void.

(7) The secretary of state may periodically review the various voting systems that have been certified for use in the state to ensure such systems meet the guidelines set forth by the United States election assistance commission and the national institute of standards and technology. Any voting system that does not meet such guidelines may be decertified after a public hearing.

History:

[34-2409, added 1970, ch. 140, sec. 140, p. 351; am. 2001, ch. 272, sec. 4, p. 995; am. 2005, ch. 282, sec. 1, p. 918; am. 2007, ch. 202, sec. 8, p. 623; am. 2012, ch. 179, sec. 1, p. 470; am. 2024, ch. 260, sec. 4, p. 903.]
Idaho Code § 34-2211 — Idaho Code / Title 34 / Chapter 22 / Section 34-2211
34-2211 CERTIFICATE OF RATIFICATION.
Status: in_force

34-2211. Certificate of ratification. If the convention shall agree, by a vote of a majority of the total number of delegates, to the ratification of the proposed amendment, a certificate to that effect shall be executed by the president and secretary of the convention and transmitted to the secretary of state of this state, who shall transmit the certificate under the great seal of the state to the secretary of state of the United States.

History:

[34-2211, added 1933, ch. 179, sec. 11, p. 328.]
Idaho Code § 34-433 — Idaho Code / Title 34 / Chapter 4 / Section 34-433
34-433 ACCURACY OF VOTER REGISTRATION INFORMATION.
Status: in_force

34-433. Accuracy of Voter Registration Information. (1) In order to maintain the accuracy of voter registration records in Idaho:

(a) The following state entities shall furnish to the secretary of state on or about the twenty-fifth day of each month all data relevant to determining the accuracy of voter registrations as follows:

(i) The department of health and welfare shall furnish a listing showing the legal name, date of birth, county of residence, and residence address of each Idaho resident who has died during the preceding month, and all other data relevant to determining the accuracy of voter registrations, including but not limited to age information, social security numbers, driver's license numbers, and citizenship information, including United States customs and immigration services numbers or alien registration numbers if available, of any person included in its records;

(ii) The department of transportation shall furnish a listing showing driver's license and state identification address changes and new driver's license and state identification issuances, including photographs and digital signatures, and all other data relevant to determining the accuracy of voter registrations, including but not limited to legal names, dates of birth, age information, social security numbers, driver's license numbers, residence addresses, and citizenship information, including United States customs and immigration services numbers or alien registration numbers if available, of any person included in its records; and

(iii) The department of correction shall furnish a listing showing the legal names, dates of birth, conviction statuses, probation or parole data, former counties of residence, and former residence addresses of all offenders in its custody, in addition to all other data relevant to determining the accuracy of voter registrations, including but not limited to age information, social security numbers, driver's license numbers, residence addresses, and citizenship information, including United States customs and immigration services numbers or alien registration numbers if available, of any person in its custody; and

(b) The secretary of state shall:

(i) Annually, but no later than December 31 of each year, request from the state tax commission a listing showing the legal names, dates of birth, residence addresses, residence changes, social security numbers, driver's license numbers, citizenship statuses, alien registration numbers, and homestead exemption records of any person included in its records. Once requested, the tax commission shall furnish such information no later than thirty (30) days from the date of the request;

(ii) Biannually, but no later than February 1 and July 31 of each year, request from the federal government any data available and relevant to assist in ensuring the integrity and accuracy of Idaho's voter registration information. Such data requested may include but shall not be limited to legal names, dates of birth, residence addresses, residence changes, social security numbers, driver's license numbers, citizenship statuses and verifications, death records, United States customs and immigration services numbers, alien registration numbers, and all available information contained in the systematic alien verification for entitlements database administered by the United States department of homeland security and criminal conviction records;

(iii) On a monthly basis, request from the United States social security administration any data relevant to assist in ensuring the integrity and accuracy of voter registration information, including but not limited to data available from the help America vote verification information system maintained by the social security administration;

(iv) At any time and at the discretion of the secretary of state, request from the federal government, including but not limited to the United States department of homeland security, the offices of the United States attorneys, the social security administration, and United States postal service, any data available and relevant that would assist in ensuring the integrity of Idaho's voter registration information, verify voter eligibility, and verify United States citizenship status, including but not limited to dates of birth, driver's license numbers, addresses, United States customs and immigration services numbers, alien registration numbers, and death records; and

(v) At any time and at the discretion of the secretary of state, request from any entity, including cities, counties, state entities, other states, and third-party data providers any information that would assist in ensuring the integrity of Idaho's voter registration information, verify voter eligibility, and verify United States citizenship status, including dates of birth, driver's license numbers, addresses, and death records. Entities located in or subject to the jurisdiction of Idaho subject to the provisions of this subparagraph shall comply within thirty (30) days of the secretary of state's request.

(2) The secretary of state may enter into cooperative compacts and agreements with other states or groups of states to compare voter lists, to identify individuals who are registered to vote in more than one (1) state, to maintain the accuracy of voter lists, and to determine the current residence of each such individual to verify such individual's eligibility to remain registered to vote in Idaho. The secretary of state is authorized to contract with commercial data providers, including but not limited to credit agencies and commercial data providers, to assist the secretary of state's efforts in verifying and auditing information in voter registration lists, including but not limited to citizenship status and residence; provided, however, that the secretary of state shall not disseminate sensitive personal data to commercial data providers and credit agencies in its contracts. All sensitive personal data, such as driver's license numbers, social security numbers, and dates of birth, shall be protected from public disclosure except as provided in chapter 1, title 74, Idaho Code.

(3)(a) No later than ninety (90) days before a statewide election, the secretary of state shall review all new voter registration data received since the previous statewide election and verify the accuracy of the new voter registration data by comparing such against the data provided by the systematic alien verification for entitlements program operated by the United States department of homeland security.

(b) After completing any comparisons of the information provided in paragraph (a) of this subsection, the secretary of state shall sort all statewide voter registration information by county and furnish a copy of the same to each county clerk along with all relevant information concerning voter eligibility of individuals in each county. Each county clerk shall immediately review the information and initiate cancellations of all registrations of individuals reported as deceased or determined to be ineligible to vote.

(c) The secretary of state and county clerks shall conduct routine reviews of the voter registration records within the statewide voter registration system to identify any anomalies, such as duplicate registrations, registrations at business addresses, large numbers of registrations at a single address, and correct districting information.

(4) The secretary of state shall, in conjunction with the county clerks, make an annual report to the legislature regarding voter registration maintenance actions performed by them, and provide recommendations to the legislature to improve and ensure an effective list maintenance process.

(5) The secretary of state shall process voter registration data in a secured cloud system using cryptography standards consistent with federal regulations. Voter registration verification requests pursuant to this section approved by the secretary of state shall be processed on a dedicated secured system where all access and activity are logged. Data received and processed by the secretary of state and used for verification purposes pursuant to this section shall be retained for thirty (30) days or until properly processed pursuant to the provisions of this section.

History:

[34-433, added 2025, ch. 276, sec. 3, p. 1170.]
Idaho Code § 34-108 — Idaho Code / Title 34 / Chapter 1 / Section 34-108
34-108 “ELECTION OFFICIAL” DEFINED.
Status: in_force

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

History:

[34-108, added 1970, ch. 140, sec. 8, p. 351; am. 1971, ch. 194, sec. 8, p. 881.]
Idaho Code § 34-626 — Idaho Code / Title 34 / Chapter 6 / Section 34-626
34-626 PETITION IN LIEU OF FILING FEE.
Status: in_force

34-626. Petition in lieu of filing fee. In lieu of paying the filing fee, candidates may qualify for the offices mentioned in section 34-604 through section 34-623, Idaho Code, by filing a declaration of candidacy and a nominating petition. The petition shall contain the signatures of qualified electors as follows:

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

(b) Five hundred (500) for any congressional district office (all signatures within proper district);

(c) Two hundred (200) for the office of district judge (all signatures within proper district);

(d) Fifty (50) for any legislative district office (all signatures within proper district);

(e) Five (5) for any county office (county commissioner signatures shall be within commissioner district).

Signatures on such nominating petitions shall be verified in the manner prescribed in section 34-1807, Idaho Code.

History:

[34-626, added 1996, ch. 28, sec. 22, p. 75.]
Idaho Code § 34-1820 — Idaho Code / Title 34 / Chapter 18 / Section 34-1820
34-1820 SIGNING MORE THAN ONCE OR WHEN NOT QUALIFIED UNLAWFUL.
Status: in_force

34-1820. Signing more than once or when not qualified unlawful. It shall be unlawful for any person to knowingly sign his own name more than once to any petition mentioned in sections 34-1801—34-1822, or to sign his name to any such petition knowing himself at the time of such signing not to be qualified to sign the same.

History:

[34-1820, added 1933, ch. 210, sec. 20, p. 431.]
Idaho Code § 34-2016 — Idaho Code / Title 34 / Chapter 20 / Section 34-2016
34-2016 FORM AND SERVICE OF PROCESS.
Status: in_force

34-2016. Form and service of process. The style, form and manner of service of process and papers, and the fees of officers and witnesses shall be the same as in other cases in the court where the cause is tried.

History:

[(34-2016) 1890-1891, p. 57, sec. 157; reen. 1899, p. 33, sec. 144; reen. R.C. & C.L., sec. 5041; C.S., sec. 7289; I.C.A. sec. 33-1716.]
Idaho Code § 34-2026 — Idaho Code / Title 34 / Chapter 20 / Section 34-2026
34-2026 JUDGMENT OF AFFIRMANCE.
Status: in_force

34-2026. Judgment of affirmance. If upon the appeal the judgment be affirmed, the appellate court shall render judgment against the appellant and the sureties on his bond, or either of them, for the amount which the appellee is entitled to recover from the appellant on account of such contest, together with the costs; but in such case the sureties, or either of them, shall be entitled to produce and examine witnesses concerning the amount of such recovery.

History:

[(34-2026) 1890-1891, p. 57, sec. 167; reen. 1899, p. 33, sec. 154; reen. R.C. & C.L., sec. 5051; C.S., sec. 7299; I.C.A., sec. 33-1726.]
Idaho Code § 34-2427 — Idaho Code / Title 34 / Chapter 24 / Section 34-2427
34-2427 VOTERS WITH PHYSICAL OR OTHER DISABILITY.
Status: in_force

34-2427. voters with physical or other disability. (1) The election board clerks shall instruct electors on how to record their votes on the voting machine or vote tally system, and shall give assistance to any elector who declares that he is unable by reason of physical or other disability to record his vote on the machine or vote tally system, and on request by the elector after he has entered the voting booth, shall give him the necessary information to enable him to record his vote.

(2) Any elector who, because of blindness, physical or other disability, is unable to mark his ballot shall, upon request, receive the assistance of the election board clerks or some other person chosen by the elector in the marking thereof. Such clerks or person shall ascertain the wishes of the elector and mark his ballot in accordance therewith, and shall thereafter give no information regarding such marking. Whenever an elector receives assistance in this manner, a clerk shall make a notation thereof in the combination election record and poll book following the name of the elector.

(3) If any elector, after entering the voting booth, asks for information regarding the operation of the voting machine or marking device, the election board clerks shall give him the necessary information.

History:

[34-2427, added 1970, ch. 140, sec. 158, p. 351; am. 1972, ch. 129, sec. 2, p. 257; am. 2010, ch. 235, sec. 20, p. 557; am. 2015, ch. 282, sec. 8, p. 1150.]
Idaho Code § 34-705 — Idaho Code / Title 34 / Chapter 7 / Section 34-705
34-705 WITH WHOM DECLARATIONS FILED.
Status: in_force

34-705. With whom declarations filed. (1) All candidates for county offices and single countywide highway district offices pursuant to section 40-1404A, Idaho Code, whether political party candidates or independent candidates, and all political party candidates for precinct offices shall file their declarations of candidacy with the county clerk of their respective counties. All candidates for district, state and federal offices shall file their declarations of candidacy with the secretary of state.

(2) The secretary of state shall certify to the county clerks, no later than 5:00 p.m. on the tenth Friday before the primary election, the names of the political party candidates who filed for federal, state, and legislative district offices and are qualified for placement on the ballot.

(3) The secretary of state shall certify the name of a candidate being appointed by the appropriate central committee pursuant to section 34-714, 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 (2) of this section.

History:

[34-705, added 1971, ch. 5, sec. 4, p. 11; am. 1971 (E.S.), ch. 9, sec. 3, p. 20; am. 1976, ch. 60, sec. 4, p. 203; am. 2019, ch. 96, sec. 8, p. 347; am. 2025, ch. 113, sec. 12, p. 606; am. 2026, ch. 333, sec. 6, p. 1310.]
Idaho Code § 34-2411 — Idaho Code / Title 34 / Chapter 24 / Section 34-2411
34-2411 DUTIES OF CLERKS OF ELECTION BOARDS.
Status: in_force

34-2411. Duties of clerks of election boards. (1) The secretary of state shall issue an administrative order outlining the duties of each of the clerks on the election board. He shall devise and prescribe for use by each local election officer the contents, form, character and kinds of ballots, ballot cards, formats, records, papers and documents and other materials and supplies and procedures necessary in the use of voting machines or vote tally systems and in the process of counting and tabulating the ballots by mechanical or electrical counting devices or equipment or computers.

(2) The secretary of state shall prescribe rules to achieve and maintain the maximum degree of correctness, impartiality, and efficiency on the procedures of voting and of counting, tabulating, and recording votes by the devices, machines or vote tally systems and methods provided by this chapter.

History:

[34-2411, added 1970, ch. 140, sec. 142, p. 351; am. 2024, ch. 260, sec. 6, p. 905.]
Idaho Code § 34-2101 — Idaho Code / Title 34 / Chapter 21 / Section 34-2101
34-2101 SHORT TITLE — INTENT.
Status: in_force

34-2101. short title — intent. (1) This chapter shall be known and may be cited as the "Election Contests Act."

(2) The purpose of this act is to simplify and clarify the laws governing election contests of legislative seats and election contests for all officers of the executive department.

History:

[34-2101, added 2017, ch. 293, sec. 2, p. 767.]
Idaho Code § 34-2015 — Idaho Code / Title 34 / Chapter 20 / Section 34-2015
34-2015 AMENDMENTS.
Status: in_force

34-2015. Amendments. The proceedings shall not be dismissed for want of form, if the particular causes of contest are alleged with such certainty as will sufficiently advise the incumbent of the real grounds of contest. If any part of the causes are held insufficient they may be amended, but the incumbent will be entitled to an adjournment if he state on oath that he has a matter to answer to the amended causes, for the preparation of which he needs further time. Such adjournment shall be upon such terms as the court deems reasonable; but if all the causes are held insufficient, and an amendment is asked the adjournment shall be at the cost of the contestant. If no amendment is asked for or made, or in case of entire failure to prosecute, the proceedings may be dismissed.

History:

[(34-2015) 1890-1891, p. 57, sec. 156; reen. 1899, p. 33, sec. 143; reen. R.C. & C.L., sec. 5040; C.S., sec. 7288; I.C.A., sec. 33-1715.]
Idaho Code § 34-305 — Idaho Code / Title 34 / Chapter 3 / Section 34-305
34-305 COUNTY CLERK CHIEF COUNTY ELECTIONS OFFICER.
Status: in_force

34-305. County clerk chief county elections officer. The county clerk is the chief elections officer of his county and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. The county clerk shall comply with the lawful directives and instructions given him by the secretary of state.

History:

[I.C., sec. 34-305, as added by 1971, ch. 210, sec. 3, p. 919.]
Idaho Code § 34-2001A — Idaho Code / Title 34 / Chapter 20 / Section 34-2001A
34-2001A BOND ELECTION AND LEVY CONTESTS — TIME FOR FILING — VALIDATION OF ELECTIONS AND BONDS.
Status: in_force

34-2001A. Bond election and levy contests — Time for filing — Validation of elections and bonds. (1) The provisions of this chapter with respect to the contest of elections shall be applicable to bond elections conducted by cities, counties, school districts, and water and sewer districts and to elections conducted by school districts for levy increases as authorized by sections 33-802, 33-803, and 33-804, Idaho Code. Any such contest shall be regarded as one contesting the outcome of the vote on the bond or levy proposition, rather than election to office, and the public entity calling the election, rather than a person declared to have been elected to office, shall be regarded as the defendant.

(2) When the validity of any bond or levy election is contested on any of the grounds enumerated in section 34-2001, Idaho Code, on the grounds of a failure to comply with the requirements of section 34-913 or 34-914, Idaho Code, or on any other grounds whatsoever the plaintiff or plaintiffs must, within forty (40) days after the votes are canvassed and the results thereof declared, file in the proper court a verified written complaint setting forth, in addition to the other requirements of this chapter, the following:

(a) The name of the party contesting the bond or levy election, and that he is an elector of the public entity conducting the bond or levy election;

(b) The proposition or propositions voted on at the election that are contested; and

(c) The particular grounds of such contest.

(3) No such election contest shall be maintained and no bond or levy election shall be set aside or held invalid unless a complaint is filed as permitted under this section within the period prescribed in this section.

(4) All bond elections conducted by cities, counties, school districts, and water and sewer districts prior to the effective date of this act, and all proceedings had in the authorization and issuance of the bonds authorized thereat, are hereby validated, ratified, and confirmed and all such bonds 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 is being contested at the time this act takes effect, or any election, the legality of which is contested within the forty (40) day period from and after the effective date of this act.

History:

[I.C., sec. 34-2001A, as added by 1969, ch. 208, sec. 1, p. 604; am. 1976, ch. 291, sec. 1, p. 1008; am. 2021, ch. 288, sec. 5, p. 865.]
Idaho Code § 34-1002 — Idaho Code / Title 34 / Chapter 10 / Section 34-1002
34-1002 APPLICATION FOR ABSENTEE BALLOT.
Status: in_force

34-1002. Application for absentee ballot. (1) Any registered elector may make written application to the county clerk, or other proper officer charged by law with the duty of issuing official ballots for such election, for an official ballot or ballots of the kind or kinds to be voted at the election. The application shall contain the name of the elector, the elector's home address, county, and address to which such ballot shall be forwarded.

(2) In order to provide the appropriate primary election ballot to electors, in the event a political party elects to allow unaffiliated electors to vote in that party's primary election pursuant to section 34-904A, Idaho Code, the elector shall designate, as part of the written application for a ballot for primary elections, the elector's party affiliation or designation as "unaffiliated." The application shall contain checkoff boxes for unaffiliated electors by which such electors shall indicate for which party's primary ballot the unaffiliated elector chooses to vote. Provided however, that no political party's primary election ballot shall be provided to an unaffiliated elector for a political party that has not elected to allow unaffiliated electors to vote in that political party's primary election pursuant to section 34-904A, Idaho Code. If an unaffiliated elector does not indicate a choice of political party's primary election ballot, the elector shall receive a nonpartisan ballot.

(3) In order to provide the appropriate primary election ballot to electors, in the event one (1) or more political parties elect to allow electors affiliated with a different political party to vote in that party's primary election, the application shall contain checkoff boxes by which such electors may indicate the primary ballot in which the elector wishes to vote.

(4) For electors who are registered to vote as of January 1, 2012, and who remain registered electors, the elector shall designate, as part of the written application for a ballot for the 2012 primary elections, the elector's party affiliation or designation as "unaffiliated." The application shall contain checkoff boxes for unaffiliated electors by which such electors shall indicate for which party's primary election ballot the unaffiliated elector chooses to vote, pursuant to section 34-904A, Idaho Code. Provided however, that no political party's primary election ballot shall be provided to an unaffiliated elector for a political party that has not elected to allow unaffiliated electors to vote in the party's primary election pursuant to section 34-904A, Idaho Code. If an unaffiliated elector does not indicate a choice of political party's primary election ballot, the elector shall receive a nonpartisan ballot. After the 2012 primary election, the county clerk shall record the party affiliation or unaffiliated designation so selected on the application for an absentee ballot as part of such an elector's record within the voter registration system as provided for in section 34-437A, Idaho Code.

(5) After the 2012 primary election, electors who remain registered voters and who did not vote in the 2012 primary elections and who make written application for an absentee ballot shall be designated as unaffiliated electors as provided in section 34-404, Idaho Code, and such electors shall be given the appropriate ballot for such "unaffiliated" designation pursuant to the provisions of this act.

(6) An elector may not change party affiliation or designation as "unaffiliated" on an application for absentee ballot. For primary elections, an elector may change party affiliation or designation as "unaffiliated" as provided for in section 34-411A, Idaho Code.

(7) The application for an absent elector's ballot shall be signed personally by the applicant. The application for a mail-in absentee ballot shall be received by the county clerk not later than 5:00 p.m. on the eleventh day before the election. An application for in-person absentee voting at the absent elector's polling place described in section 34-1006, Idaho Code, shall be received by the county clerk not later than 5:00 p.m. on the Friday before the election. Application for an absentee ballot may be made by using a facsimile machine or other electronic transmission.

(8) A person may make application for an absent elector's ballot by use of a properly executed federal postcard application as provided for in the laws of the United States known as uniformed and overseas citizens absentee voting act (UOCAVA, 52 U.S.C. 20301 et seq., as amended). The issuing officer shall keep as a part of the records of such officer's office a list of all applications so received and of the manner and time of delivery or mailing to and receipt of returned ballot.

(9) The county clerk shall, not later than seventy-five (75) days after the date of each general election, submit a report to the secretary of state containing information concerning absentee voters as required by federal law.

History:

[34-1002, added 1970, ch. 140, sec. 163, p. 351; am. 1972, ch. 157, sec. 1, p. 349; am. 1973, ch. 304, sec. 7, p. 646; am. 1976, ch. 353, sec. 2, p. 1166; am. 1987, ch. 167, sec. 1, p. 328; am. 1994, ch. 122, sec. 2, p. 272; am. 1995, ch. 215, sec. 12, p. 752; am. 2002, ch. 236, sec. 1, p. 707; am. 2003, ch. 48, sec. 11, p. 186; am. 2010, ch. 332, sec. 1, p. 881; am. 2011, ch. 319, sec. 9, p. 934; am. 2013, ch. 135, sec. 4, p. 309; am. 2016, ch. 137, sec. 1, p. 402; am. 2019, ch. 96, sec. 10, p. 348; am. 2020, ch. 286, sec. 1, p. 829.]
Idaho Code § 34-1817 — Idaho Code / Title 34 / Chapter 18 / Section 34-1817
34-1817 CIRCULATING PETITION WITH FALSE, FORGED OR FICTITIOUS NAMES UNLAWFUL.
Status: in_force

34-1817. Circulating petition with false, forged or fictitious names unlawful. It shall be unlawful for any person to circulate or cause to be circulated any petition mentioned in sections 34-1801—34-1822, knowing the same to contain false, forged or fictitious names.

History:

[34-1817, added 1933, ch. 210, sec. 17, p. 431.]
Idaho Code § 34-2212 — Idaho Code / Title 34 / Chapter 22 / Section 34-2212
34-2212 NO COMPENSATION — EXPENSES, HOW ALLOWED.
Status: in_force

34-2212. No compensation — Expenses, how allowed. No delegate to a constitutional convention shall receive any compensation except that such delegate shall be paid his actual, necessary and reasonable expenses in traveling to and from and attendance at said convention.

History:

[34-2212, added 1933, ch. 179, sec. 12, p. 328.]
Idaho Code § 34-903A — Idaho Code / Title 34 / Chapter 9 / Section 34-903A
34-903A NAME ON BALLOT.
Status: in_force

34-903A. Name on ballot. Should it appear to the secretary of state or county clerk that a person has filed as a candidate and that such person has changed their name and has changed their name to words that convey or attempt to convey a political message, the secretary of state or county clerk shall make an inquiry to determine: (i) if such person has changed their name; and (ii) if such name contains words that convey a political message to voters on the ballot; and (iii) if an explanation on the ballot would clarify the ballot and would assist in eliminating voter confusion. If the secretary of state or county clerk finds affirmatively that all three (3) criteria have been met, the secretary of state or county clerk shall be required to note on the ballot immediately following the name that appears to be a political proposition the following statement in parentheses: (A person, formerly known as …… ……..), inserting in the blank within the parentheses the name by which the candidate who changed their name was formerly known.

History:

[34-903A, added 2008, ch. 408, sec. 2, p. 1124.]
Idaho Code § 34-436 — Idaho Code / Title 34 / Chapter 4 / Section 34-436
34-436 RETENTION OF CORRESPONDENCE RELATING TO CANCELLATION OF VOTER'S REGISTRATION.
Status: in_force

34-436. Retention of correspondence relating to cancellation of voter's registration. All correspondence relating to the cancellation of an elector's registration shall be preserved by the county clerk for a period of two (2) years following the time of any general election.

History:

[34-436, added 1970, ch. 140, sec. 71, p. 351.]
Idaho Code § 34-2034 — Idaho Code / Title 34 / Chapter 20 / Section 34-2034
34-2034 REMEDIES.
Status: in_force

34-2034. Remedies. The court shall render an opinion in a primary contest as soon as is reasonably possible and shall prescribe such remedies as provided in this chapter as it deems just.

History:

[34-2034, added 1982, ch. 209, sec. 16, p. 577.]
Idaho Code § 34-1714 — Idaho Code / Title 34 / Chapter 17 / Section 34-1714
34-1714 PROHIBITED ACTS — PENALTIES.
Status: in_force

34-1714. Prohibited acts — Penalties. (1) A person is guilty of a felony who:

(a) Signs any name other than his own to any recall petition;

(b) Knowingly signs his name more than once on the same recall petition;

(c) Knowingly signs his name to any recall petition for the recall of any state, county, city, or special district officer if he is not a registered elector;

(d) Willfully or knowingly circulates, publishes or exhibits any false statement or representation concerning the contents, purport or effect of any recall petition for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such recall petition;

(e) Presents to any officer for filing any recall petition to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent, or not the genuine signature of the person purporting to sign such petition, or whose name is attached, appended or subscribed thereto;

(f) Circulates or causes to circulate any recall petition, knowing the same to contain false, forged or fictitious names;

(g) Makes any false affidavit concerning any recall petition or the signatures appended thereto;

(h) Offers, proposes or threatens for any pecuniary reward or consideration:

(i) To offer, propose, threaten or attempt to sell, hinder or delay any recall petition or any part thereof or any signatures thereon;

(ii) To offer, propose or threaten to desist from beginning, promoting or circulating any recall petition;

(iii) To offer, propose, attempt or threaten in any manner or form to use any recall petition or any power of promotion or opposition in any manner or form for extortion, blackmail or secret or private intimidation of any person or business interest.

(2) A public officer is guilty of a felony who knowingly makes any false return, certification or affidavit concerning any recall petition, or the signatures appended thereto.

History:

[34-1714, added 1972, ch. 283, sec. 3, p. 703; am. 1972, ch. 382, sec. 1, p. 1114; am. 2021, ch. 325, sec. 10, p. 998.]
Idaho Code § 34-2402 — Idaho Code / Title 34 / Chapter 24 / Section 34-2402
34-2402 AUTHORITY TO USE.
Status: in_force

34-2402. Authority to use. It is the policy of this state that at all elections, including bond issue elections, that ballots or votes may be cast, registered, recorded and counted by means of voting machines or vote tally systems as provided in this chapter.

History:

[I.C., sec. 34-2402, as added by 1974, ch. 3, sec. 3, p. 17.]
Idaho Code § 34-1801 — Idaho Code / Title 34 / Chapter 18 / Section 34-1801
34-1801 STATEMENT OF LEGISLATIVE INTENT AND LEGISLATIVE PURPOSE.
Status: in_force

34-1801. Statement of legislative intent and legislative purpose. The legislature of the state of Idaho finds that there have been incidents of fraudulent and misleading practices in soliciting and obtaining signatures on initiative or referendum petitions, or both, that false signatures have been placed upon initiative or referendum petitions, or both, that difficulties have arisen in determining the identity of petition circulators and that substantial danger exists that such unlawful practices will or may continue in the future. In order to prevent and deter such behavior, the legislature determines that it is necessary to provide easy identity to the public of those persons who solicit or obtain signatures on initiative or referendum petitions, or both, and of those persons for whom they are soliciting and obtaining signatures and to inform the public concerning the solicitation and obtaining of such signatures. It is the purpose of the legislature in enacting this act to fulfill the foregoing statement of intent and remedy the foregoing practices.

History:

[34-1801, added 1997, ch. 266, sec. 2, p. 758.]
Idaho Code § 34-1504 — Idaho Code / Title 34 / Chapter 15 / Section 34-1504
34-1504 NOTICE TO GOVERNOR — VACANCIES, HOW FILLED.
Status: in_force

34-1504. Notice to governor — Vacancies, how filled. Each elector of president and vice-president of the United States shall, before the hour of twelve (12) o'clock on the day next preceding the day fixed by the law of Congress to elect a president and vice-president, give notice to the governor that he is at the seat of government and ready at the proper time to perform the duties of an elector; and the governor shall forthwith deliver to the electors present a certificate of all the names of the electors; and if any elector named therein fails to appear before nine (9) o'clock on the morning of the day of election of president and vice-president as aforesaid, the electors then present shall immediately proceed to elect, by ballot, in the presence of the governor, persons to fill such vacancies.

History:

[(34-1504) 1890-1891, p. 57, sec. 112; reen. 1899, p. 66, sec. 2; am. R.C. & C.L., sec. 462; C.S., sec. 646; I.C.A., sec. 33-1404.]
Idaho Code § 34-624A — Idaho Code / Title 34 / Chapter 6 / Section 34-624A
34-624A ALTERNATIVE TO PRECINCT COMMITTEEMAN — PRECINCT COMMITTEEMAN AND VOTERS' DELEGATE TO THE PARTY'S COUNTY AND DISTRICT CONVENTIONS.
Status: in_force

34-624A. Alternative to precinct committeeman — Precinct committeeman and voters' delegate to the party's county and district conventions. (1) At least sixty (60) days prior to an election at which precinct committeemen are to be elected, the state chairman of any Idaho political party may request the secretary of state to replace, as to that party chairman's party, the ballot position title of "precinct committeeman" with the ballot position title "precinct committeeman and voters' delegate to the party's county and district conventions." The party chairman making such a request to the secretary of state shall include with his request a sworn and acknowledged affidavit stating that he is the party chairman for his political party and that it is the state policy of his party that precinct committeemen be delegates to the party's county and district conventions.

(2) Upon receipt of such request and affidavit, the secretary of state shall have the duty to implement the request when prescribing the form and content of ballots and related documents and when preparing ballot instructions for Idaho counties.

(3) After the secretary of state has ordered such use, whenever the title "precinct committeeman" or its plural form shall be used in the Idaho Code, the title shall be construed to include within its meaning the title "precinct committeeman and voters' delegate to the party's county and district conventions" or its plural form.

History:

[34-624A, added 1976, ch. 346, sec. 1, p. 1153.]
Idaho Code § 34-113 — Idaho Code / Title 34 / Chapter 1 / Section 34-113
34-113 “CANDIDATE” DEFINED.
Status: in_force

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

History:

[34-113, added 1970, ch. 140, sec. 13, p. 351.]
Idaho Code § 34-1711 — Idaho Code / Title 34 / Chapter 17 / Section 34-1711
34-1711 CANVASS OF RETURNS.
Status: in_force

34-1711. Canvass of returns. (1) The board of county commissioners shall act as the board of canvassers for all special recall elections that involve elections held wholly or partly within their county.

(a) For all special recall elections involving state officers, the board of county commissioners shall meet within ten (10) days after said election to canvass the votes cast at such election, and shall immediately transmit to the secretary of state an abstract of the votes cast.

(b) Within fifteen (15) days following the special recall election held to recall a state officer, the state board of canvassers shall meet and canvass the votes cast at such election, and the secretary of state shall immediately after the completion thereof, proclaim the results.

(c) For all special recall elections involving county officers, the board of county commissioners shall meet within ten (10) days after said election to canvass the votes cast at such election, and the county clerk shall immediately after the completion thereof, proclaim the results.

(d) For all special recall elections involving city or special district officials, the board of county commissioners shall meet within ten (10) days after said election to canvass the votes cast at such election, and the county clerk shall immediately after the completion thereof, proclaim the results. The county clerk shall certify the results of the recall election to the clerk of the political subdivision for which the election was held.

History:

[34-1711, as added by 1972, ch. 283, sec. 3, p. 703; am. 2004, ch. 164, sec. 5, p. 539; am. 2013, ch. 135, sec. 9, p. 315.]
Idaho Code § 34-619 — Idaho Code / Title 34 / Chapter 6 / Section 34-619
34-619 ELECTION OF CLERKS OF DISTRICT COURTS — QUALIFICATIONS.
Status: in_force

34-619. Election of clerks of district courts — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, a clerk of the district court shall be elected in every county. The clerk of the district court shall be the ex officio auditor and recorder.

(2) No person shall be elected to the office of clerk of the district court unless he has attained the age of twenty-one (21) years at the time of his 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.

History:

[34-619, added 1970, ch. 140, sec. 99, p. 351; am. 1996, ch. 28, sec. 15, p. 73.]
Idaho Code § 34-714 — Idaho Code / Title 34 / Chapter 7 / Section 34-714
34-714 FILLING VACANCIES IN SLATE OF POLITICAL PARTY CANDIDATES OCCURRING PRIOR TO PRIMARY ELECTION.
Status: in_force

34-714. Filling vacancies in slate of political party candidates occurring prior to primary election. (1) Vacancies that occur before the primary election in the slate of candidates of any political party because of the death, disqualification for any reason, or withdrawal from the nomination process by the candidate shall be filled in the following manner if there is only one (1) candidate declared for that particular office:

(a) By the county central committee if the vacancy occurs for the office of precinct committeeman, 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 the vacancy occurs for the office of state representative or state senator.

(c) By the state central committee if the vacancy occurs for a federal or state office.

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 primary election.

Any political party candidate so appointed by the proper central committee must, in order to have his name on the primary 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 primary election.

(2) No central committee shall fill any vacancy that occurs after 5:00 p.m. on the eighth Friday before the primary election. Vacancies that occur after this date because of the death, disqualification for any reason, or withdrawal from the nomination process by the candidate shall be filled according to the provisions of section 34-715, Idaho Code.

(3) 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:

[34-714, added 1970, ch. 140, sec. 118, p. 351; am. 1971 (E.S.), ch. 9, sec. 7, p. 20; am. 1975, ch. 21, sec. 3, p. 30; am. 1976, ch. 60, sec. 10, p. 205; am. 1989, ch. 70, sec. 3, p. 112; am. 1996, ch. 28, sec. 26, p. 77; am. 1999, ch. 222, sec. 1, p. 588; am. 2025, ch. 113, sec. 14, p. 607; am. 2026, ch. 333, sec. 10, p. 1311.]
Idaho Code § 34-2302 — Idaho Code / Title 34 / Chapter 23 / Section 34-2302
34-2302 PRECINCTS SPECIFIED FOR RECOUNT — REMITTANCE.
Status: in_force

34-2302. Precincts specified for recount — Remittance. In his application he shall state the precinct or precincts in which he desires recount to be made and shall remit to the attorney general or county clerk, pursuant to section 34-2301, Idaho Code, together with his application the sum of one hundred dollars ($100) for each such precinct in which he desires a recount made.

History:

[34-2302, added 1957, ch. 198, sec. 2, p. 410; am. 2011, ch. 285, sec. 16, p. 784.]
Idaho Code § 34-2301 — Idaho Code / Title 34 / Chapter 23 / Section 34-2301
34-2301 APPLICATION FOR RECOUNT OF BALLOTS.
Status: in_force

34-2301. Application for recount of ballots. (1) Any candidate for federal, state, county or municipal office desiring a recount of the ballots cast in any nominating or general election or person supporting or opposing a state, county or city measure, may apply to the attorney general therefor, within twenty (20) days of the canvass of such election, by the state board of canvassers if for federal and state office, or within twenty (20) days of the canvass of such election by the county commissioners if for a county or municipal office.

(2) Candidates for all other offices and supporters and opponents to all other ballot measures desiring a recount may apply to the county clerk within twenty (20) days of the canvass of said election by the board of county commissioners.

History:

[34-2301, added 1957, ch. 198, sec. 1, p. 410; am. 1985, ch. 41, sec. 1, p. 84; am. 2009, ch. 341, sec. 64, p. 1035; am. 2011, ch. 285, sec. 15, p. 784.]
Idaho Code § 34-2304 — Idaho Code / Title 34 / Chapter 23 / Section 34-2304
34-2304 ORDER FOR RECOUNT — PROCEDURE — NOTICE.
Status: in_force

34-2304. Order for recount — Procedure — Notice. The attorney general or county clerk shall then issue an order for recount. The order shall name the prior election judges and clerks of the precinct to act in the same capacity and receive the same compensation as they did on election day. The order shall provide for the place where the recount is to be made; that all candidates named on the ballot for the office contested, or a representative of either or all of them, may be present to watch the counting; and that every other person interested may be present. The order shall state the date on which the recount is to be made which shall not be more than ten (10) days from the date of the order. Copies of the order shall be mailed to each candidate named on the ballot for the office to be recounted.

History:

[34-2304, added 1957, ch. 198, sec. 4, p. 410; am. 1985, ch. 41, sec. 2, p. 85; am. 2011, ch. 285, sec. 18, p. 785.]
Idaho Code § 34-1104 — Idaho Code / Title 34 / Chapter 11 / Section 34-1104
34-1104 JUDGES MAY ADMINISTER OATHS — CHALLENGE OF VOTERS.
Status: in_force

34-1104. Judges may administer oaths — Challenge of voters. Any judge may administer and certify any oath required to be administered during the progress of an election or challenge any elector.

History:

[34-1104, added 1970, ch. 140, sec. 176, p. 351.]
Idaho Code § 34-1815 — Idaho Code / Title 34 / Chapter 18 / Section 34-1815
34-1815 FALSE STATEMENTS SPOKEN OR WRITTEN CONCERNING PETITION UNLAWFUL — FAILURE TO DISCLOSE MATERIAL PROVISIONS.
Status: in_force

34-1815. False statements spoken or written concerning petition unlawful — Failure to disclose material provisions. It shall be unlawful for any person to wilfully or knowingly circulate, publish or exhibit any false statement or representation, whether spoken or written, or to fail to disclose any material provision in a petition, concerning the contents, purport or effect of any petition mentioned in sections 34-1801A through 34-1822, Idaho Code, for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such petition. It shall be unlawful for any person to solicit or obtain any signature on a petition without first showing the signer both the short title and the general title as defined in section 34-1809, Idaho Code, so that the signer has an opportunity to read them before signing the petition.

Any signature obtained without compliance with this section is null and void.

History:

[34-1815, added 1933, ch. 210, sec. 15, p. 431; am. 1997, ch. 266, sec. 10, p. 763.]
Idaho Code § 34-606 — Idaho Code / Title 34 / Chapter 6 / Section 34-606
34-606 ELECTION OF PRESIDENTIAL ELECTORS.
Status: in_force

34-606. Election of presidential electors. (1) At the general election, 1972, and every four (4) years thereafter, there shall be elected such a number of electors of president and vice president of the United States as the state may be entitled to in the electoral college.

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

(3) Such electors shall be certified to the secretary of state as provided for by law.

History:

[34-606, added 1970, ch. 140, sec. 86, p. 351.]
Idaho Code § 34-1808 — Idaho Code / Title 34 / Chapter 18 / Section 34-1808
34-1808 FILING OF PETITION — MANDATE — INJUNCTION.
Status: in_force

34-1808. Filing of petition — Mandate — Injunction. If the secretary of state shall refuse to accept and file any petition for the initiative or for the referendum with the requisite number of signatures of qualified electors thereto attached, any citizen may apply, within ten (10) 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 shall then file it, with a certified copy of the judgment attached thereto, as of the date on which it was originally offered for filing in his office. On a showing that any petition filed is not legally sufficient, the court may enjoin the secretary of state and all other officers from certifying or printing on the official ballot for the ensuing election the ballot title and numbers of such measure. 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 Supreme Court within ten (10) days after a decision is rendered. The district court of the fourth judicial district of the state of Idaho in and for Ada County shall have jurisdiction in all cases of measures to be submitted to the qualified electors of the state at large.

History:

[34-1808, added 1933, ch. 210, sec. 8, p. 431; am. 1988, ch. 48, sec. 5, p. 70.]
Idaho Code § 34-1812A — Idaho Code / Title 34 / Chapter 18 / Section 34-1812A
34-1812A ARGUMENTS CONCERNING INITIATIVE AND REFERENDUM MEASURES.
Status: in_force

34-1812A. Arguments concerning initiative and referendum measures. Any voter or group of voters may on or before July 31 prepare and file an argument, not to exceed five hundred (500) words, for or against any measure. Such argument shall not be accepted unless accompanied by the name and address or names and addresses of the person or persons submitting it, or, if submitted on behalf of an organization, the name and address of the organization and the names and addresses of at least two (2) of its principal officers.

If more than one (1) argument for or more than one (1) argument against any measure is filed within the time prescribed, the secretary of state shall select one (1) of the arguments for printing in the voters' pamphlets. In selecting the argument the secretary of state shall be required to give priority in the order named to the arguments of the following:

(1) The proponent of the initiative or referendum petition.

(2) Bona fide associations of citizens.

(3) Individual voters.

History:

[34-1812A, added 1979, ch. 135, sec. 2, p. 430; am. 2025, ch. 305, sec. 2, p. 1300.]
Idaho Code § 34-205 — Idaho Code / Title 34 / Chapter 2 / Section 34-205
34-205 DUTIES OF SECRETARY OF STATE RELATING TO ELECTION LAWS.
Status: in_force

34-205. Duties of secretary of state relating to election laws. The secretary of state shall:

(1) Prepare and cause to be printed, in appropriate and convenient form, periodic compilations and digests of the election laws.

(2) Distribute in appropriate quantities to the county clerks for use by such county clerks and by election boards, copies of such compilations and digests and the sample form of such supplies and materials necessary to conduct elections as the secretary of state considers appropriate, including poll books, tally sheets, return sheets and abstract of vote sheets.

(3) Make such compilations and digests available for distribution, free or at cost, to interested persons.

History:

[34-205, added 1970, ch. 140, sec. 21, p. 351.]
Idaho Code § 34-206 — Idaho Code / Title 34 / Chapter 2 / Section 34-206
34-206 GENERAL SUPERVISION OF ADMINISTRATION OF ELECTION LAWS BY COUNTY CLERKS.
Status: in_force

34-206. General supervision of administration of election laws by county clerks. Subject to and in accordance with the directives and instructions prepared and distributed or given under the authority of the secretary of state, each county clerk shall exercise general supervision of the administration of the election laws by each local election official in his county for the purpose of achieving and maintaining a maximum degree of correctness, impartiality, efficiency and uniformity in such administration by local election officials. Such directives and instructions shall be directed to and shall be complied with by each local election official affected thereby.

History:

[34-206, added 1970, ch. 140, sec. 22, p. 351; am. 1971, ch. 69, sec. 1, p. 155.]
Idaho Code § 34-2406 — Idaho Code / Title 34 / Chapter 24 / Section 34-2406
34-2406 JOINT PURCHASE AND USE OF MACHINES AUTHORIZED.
Status: in_force

34-2406. Joint purchase and use of machines authorized. (1) In procuring the necessary voting machines or vote tally systems to be used, a governing body of any county, city, district or other political subdivision in the county, may by agreement entered into by the board of county commissioners and the governing bodies of cities, districts or other political subdivisions, provide for the joint purchase and subsequent ownership of voting machines or vote tally systems and for the care, maintenance and use of the machines or vote tally systems.

(2) The governing body of two (2) or more counties may by agreement provide for the joint use of voting machines or vote tally systems.

History:

[34-2406, added 1970, ch. 140, sec. 137, p. 351.]
Idaho Code § 34-209 — Idaho Code / Title 34 / Chapter 2 / Section 34-209
34-209 POWERS OF COUNTY CLERKS.
Status: in_force

34-209. Powers of county clerks. (1) The county clerk may employ such personnel and procure such equipment, supplies, materials, books, papers, records and facilities of every kind as he considers necessary to facilitate and assist in carrying out his functions in connection with administering the election laws; except that procurement of voting machines or vote tally systems shall be conducted in accordance with the provisions of section 34-2405, Idaho Code.

(2) The necessary expenses incurred by the county clerk in administering the election laws, including reasonable rental for polling places, shall be allowed by the board of commissioners and paid out of the county treasury.

(3) The county clerk and his deputies may administer oaths and affirmations in connection with the performance of their functions in administering the election laws.

History:

[34-209, added 1970, ch. 140, sec. 25, p. 351; am. 1972, ch. 131, sec. 1, p. 260.]
Idaho Code § 34-607 — Idaho Code / Title 34 / Chapter 6 / Section 34-607
34-607 ELECTION OF GOVERNOR — QUALIFICATIONS.
Status: in_force

34-607. Election of governor — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, a governor shall be elected.

(2) No person shall be elected to the office of 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 three hundred dollars ($300) which shall be deposited in the general fund.

History:

[34-607, added 1970, ch. 140, sec. 87, p. 351; am. 1996, ch. 28, sec. 3, p. 68.]
Idaho Code § 34-101 — Idaho Code / Title 34 / Chapter 1 / Section 34-101
34-101 “GENERAL ELECTION” DEFINED — OFFICES TO BE FILLED — CONSTITUTIONAL AMENDMENTS.
Status: in_force

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

At these elections there shall be chosen all congressional, state and county officers, including electors of president and vice-president of the United States, as are by law to be elected in such years.

All amendments to the Idaho constitution shall be submitted to the voters for their approval at these elections.

History:

[34-101, added 1970, ch. 140, sec. 1, p. 351; am. 1971, ch. 194, sec. 1, p. 881.]
Idaho Code § 34-1212 — Idaho Code / Title 34 / Chapter 12 / Section 34-1212
34-1212 EXAMINATION AND CERTIFICATION OF COUNTY CANVASSES BY STATE BOARD.
Status: in_force

34-1212. Examination and certification of county canvasses by state board. The board shall examine the canvass reports and make a statement of the total number of votes cast for all federal, state and district 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 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. The board shall certify that such statement is true, subscribe their names thereto, and deliver it to the secretary of state.

History:

[34-1212, added 1970, ch. 140, sec. 196, p. 351; am. 2024, ch. 201, sec. 3, p. 716.]
Idaho Code § 34-2202 — Idaho Code / Title 34 / Chapter 22 / Section 34-2202
34-2202 QUALIFICATIONS OF VOTERS.
Status: in_force

34-2202. Qualifications of voters. At such election all persons qualified to vote for presidential electors shall be entitled to vote.

History:

[34-2202, added 1933, ch. 179, sec. 2, p. 328.]
Idaho Code § 34-1802 — Idaho Code / Title 34 / Chapter 18 / Section 34-1802
34-1802 INITIATIVE PETITIONS — TIME FOR GATHERING SIGNATURES — TIME FOR SUBMISSION OF SIGNATURES TO THE COUNTY CLERK — TIME FOR FILING.
Status: in_force

34-1802. Initiative petitions — Time for gathering signatures — Time for submission of signatures to the county clerk — Time for filing. (1) Except as provided in section 34-1804, Idaho Code, petitions for an initiative shall be circulated and signatures obtained beginning upon the date that the petitioners receive both the fiscal impact statement and the official ballot title from the secretary of state and extending eighteen (18) months from that date, or April 30 of the year of the next general election, whichever occurs earlier. The last day for circulating petitions and obtaining signatures shall be the last day of April in the year an election on the initiative will be held.

(2) The person or persons or organization or organizations under whose authority the measure is to be initiated shall submit the petitions containing signatures to the county clerk for verification pursuant to the provisions of section 34-1807, Idaho Code. The signatures required shall be submitted to the county clerk not later than the close of business on the first day of May in the year an election on the initiative will be held, or eighteen (18) months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier.

(3) The county clerk shall, within sixty (60) calendar days of the deadline for the submission of the signatures, verify the signatures contained in the petitions, but in no event shall the time extend beyond the last day of June in the year an election on the initiative will be held.

(4) Initiative petitions with the requisite number of signatures attached shall be filed with the secretary of state not less than four (4) months before the election at which they are to be voted upon.

History:

[34-1802, added 1933, ch. 210, sec. 2, p. 431; am. 1997, ch. 266, sec. 3, p. 758; am. 2011, ch. 285, sec. 14, p. 784; am. 2020, ch. 317, sec. 1, p. 902.]
Idaho Code § 34-903B — Idaho Code / Title 34 / Chapter 9 / Section 34-903B
34-903B RANKED CHOICE VOTING PROHIBITED.
Status: in_force

34-903B. ranked choice voting prohibited. (1) No county elections office shall use ranked choice voting or instant runoff voting to conduct an election or nomination of any candidate in this state for any local government, statewide, or federal elective office.

(2) For the purpose of this section:

(a) "Local government" means any municipality, county, school district, special taxing district, or any other regional or local district or unit of government that is governed by one (1) or more elected officials.

(b) "Ranked choice voting" or "instant runoff voting" means a method of casting and tabulating votes in which:

(i) Voters rank candidates in order of preference;

(ii) Tabulation proceeds in rounds such that in each round either a candidate or candidates are elected or the last-place candidate is defeated;

(iii) Votes are transferred from elected or defeated candidates to the voters' next ranked candidate or candidates in order of preference; and

(iv) Tabulation ends when a candidate receives the majority of votes cast or the number of candidates elected equals the number of offices to be filled.

(3) Any local government ordinance in conflict with this section is void.

History:

[34-903B, added 2023, ch. 135, sec. 1, p. 379.]
Idaho Code § 34-204 — Idaho Code / Title 34 / Chapter 2 / Section 34-204
34-204 CONFERENCES WITH COUNTY CLERKS ON ADMINISTRATION OF ELECTION LAWS.
Status: in_force

34-204. Conferences with county clerks on administration of election laws. In carrying out his responsibility under section 34-201, Idaho Code, the secretary of state shall cause to be organized and conducted at convenient places and times in this state at least three (3) conferences on the administration of the election laws. The secretary of state shall cause written notice of the place and time of each conference to be given to each county clerk. Each county clerk or his designated deputy shall attend at least one (1) of the conferences and shall comply with the instructions given under the authority of the secretary of state at each conference such county clerk attends.

History:

[34-204, added 1970, ch. 140, sec. 20, p. 351; am. 2015, ch. 292, sec. 3, p. 1168.]
Idaho Code § 34-1406 — Idaho Code / Title 34 / Chapter 14 / Section 34-1406
34-1406 NOTICE OF ELECTION.
Status: in_force

34-1406. Notice of election. The county clerk shall give notice for each political subdivision for any election by publishing such notice in the official newspaper of the county. The notice shall state the date of the election, the polling places, and the hours during which the polls shall be open for the purpose of voting. The first publication shall be made not less than twelve (12) days prior to the election, and the last publication of notice shall be made not less than five (5) days prior to the election. For each primary, general and special election, the county clerk shall cause to be published a facsimile, except as to size, of the sample ballot in at least two (2) newspapers published within the county, but if this is not possible, the sample ballot shall be published in one (1) newspaper published within the county or one (1) newspaper that has general circulation within the county. Such publication shall be in conjunction with the second notice of election required by this section. The political subdivision shall notify the county clerk in writing of the official newspaper of the political subdivision.

History:

[34-1406, added 1992, ch. 176, sec. 4, p. 557; am. 1993, ch. 313, sec. 10, p. 1162; am. 2009, ch. 341, sec. 62, p. 1034; am. 2011, ch. 11, sec. 18, p. 34.]
Idaho Code § 34-2106 — Idaho Code / Title 34 / Chapter 21 / Section 34-2106
34-2106 CONTEST FOR LEGISLATIVE OFFICES — EXCEPTION REGARDING PRESIDING OFFICERS.
Status: in_force

34-2106. contest for legislative offices — exception regarding presiding officers. Notwithstanding the provisions of sections 34-2101 through 34-2119, Idaho Code, in the event a presiding officer occupies the legislative seat that is the subject of an election contest, the majority leader or the next available and willing member of majority leadership of the appropriate body must serve as the presiding officer for purposes of this chapter.

History:

[34-2106, added 2017, ch. 293, sec. 2, p. 769.]
Idaho Code § 34-614 — Idaho Code / Title 34 / Chapter 6 / Section 34-614
34-614 ELECTION OF STATE REPRESENTATIVES AND SENATORS — QUALIFICATIONS.
Status: in_force

34-614. Election of state representatives and senators — Qualifications. [effective until January 1, 2027] (1) At the general election, 1972, and every alternate year thereafter, there shall be elected in each legislative district such representatives and senators as they may be severally entitled.

(2) No person shall be elected to the office of representative or senator unless he shall have attained the age of twenty-one (21) years at the time of the general election, is a citizen of the United States and shall have been a registered elector within the legislative district one (1) year next preceding the general election at which he offers his candidacy.

(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 thirty dollars ($30.00) which shall be deposited in the general fund.

34-614. Election of state representatives and senators — Qualifications. [effective January 1, 2027] (1) At the general election, 1972, and every alternate year thereafter, there shall be elected in each legislative district such representatives and senators as they may be severally entitled.

(2) No person shall be elected to the office of representative or senator unless he shall have attained the age of twenty-one (21) years at the time of the general election, is a citizen of the United States, has been a registered elector within the legislative district for one (1) year immediately preceding the general election at which he offers his candidacy, and has maintained a fixed habitation within the legislative district boundaries for one (1) year immediately preceding the date such candidate files a declaration of candidacy for the office of representative or senator. For the purposes of this subsection, "fixed habitation" means a residence as defined in section 34-107, Idaho Code, at which the candidate maintains actual physical presence and occupancy for at least one hundred twenty (120) nights during the one (1) year period immediately preceding the date such candidate files a declaration of candidacy for the office of representative or senator. A candidate shall receive an exemption to the fixed habitation requirement due to active military service during the one (1) year period.

(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 thirty dollars ($30.00) which shall be deposited in the general fund.

History:

[34-614, added 1970, ch. 140, sec. 94, p. 351; am. 1981 (E.S.), ch. 2, sec. 1, p. 3; am. 1996, ch. 28, sec. 10, p. 71; am. 2019, ch. 227, sec. 1, p. 711; am. 2026, ch. 307, sec. 1, p. 1246.]
Idaho Code § 34-306 — Idaho Code / Title 34 / Chapter 3 / Section 34-306
34-306 PRECINCT BOUNDARY REQUIREMENTS.
Status: in_force

34-306. Precinct boundary requirements. (1) Precinct boundaries shall follow visible, easily recognizable physical features on the ground including, but not limited to, streets, railroad tracks, roads, streams and lakes. The exception shall be when a precinct boundary coincides with a city, county, Indian reservation or school district boundary which does not follow a visible feature.

(2) In order to achieve compliance with the requirements of this section, and simultaneously maintain legislative district boundaries which may not follow visible features, a county may designate subprecincts within precincts, the internal boundaries of which do not follow visible features.

History:

[34-306, added 1977, ch. 8, sec. 2, p. 16; am. 1989, ch. 261, sec. 1, p. 639; am. 1992, ch. 284, sec. 1, p. 876.]
Idaho Code § 34-2205 — Idaho Code / Title 34 / Chapter 22 / Section 34-2205
34-2205 QUALIFICATIONS OF DELEGATES — NOMINATING PETITIONS — DECLARATIONS OF CANDIDATES AND SIGNERS — CERTIFICATION.
Status: in_force

34-2205. Qualifications of delegates — Nominating petitions — Declarations of candidates and signers — Certification. Candidates for the office of delegate to the convention shall be qualified electors of the state of Idaho. Nomination shall be by petition and not otherwise. A single petition shall nominate but one (1) candidate, who may have one (1) or more separate petitions. Nominations shall be without party or political designation, but the nominating petitions shall each contain a declaration of the candidate that he is a candidate for election to the office of delegate to the constitutional convention, and a statement to the effect that he favors ratification of, or that he is against ratification of the proposed constitutional amendment to be acted upon by the constitutional convention, and the total number of voters joining in the nomination of a candidate shall not be less than one hundred (100).

The candidate's declaration in the nominating petition shall be in substantially the following form, to-wit:

I, the undersigned, being a qualified elector of …. precinct, …. County, State of Idaho, hereby declare myself to be a candidate for the office of delegate to the constitutional convention, to be voted for at the election to be held on the …. day of …., …., and that I …. (insert one only of the following: "favor ratification of" …. or "am against ratification of") the proposed constitutional amendment to be acted upon by the constitutional convention, and certify that I possess the legal qualifications to fill said office, and that my post-office address is …..

I further certify and declare that if nominated I hereby accept said office.

All blank spaces shall be properly filled in with the necessary information and the declaration of candidacy shall be subscribed and sworn to before an officer authorized to administer oaths, and the signatures of the voters joining in such petitions, each of which signature shall be followed by the signer's residence address and date, shall be prefaced by a declaration in substantially the following form, to-wit:

I, the undersigned, being a qualified elector of the State of Idaho, do hereby declare that I am in accord with the statement and declaration of …., a candidate for the office of delegate to the constitutional convention, to be voted for at the election to be held on the …. day of …., …., and do hereby join in this petition for his nomination for such office.

Name of Petitioner Post office Date of Signing …………….. ……….. …………..

Each nominating petition shall, at the time of filing in the office of the secretary of state, bear an affidavit in substantially the following form, executed and verified by a citizen and resident of the State of Idaho:–

State of Idaho

ss.

County of ….

I do solemnly swear (or affirm) that I am a citizen and resident of the State of Idaho; that each of the petitioners whose name is affixed to the above paper signed the same personally, together with his post-office address and date of signing, and that each signed the same with full knowledge of its contents; that to the best of my knowledge each is a qualified elector of the State of Idaho.

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

No voter shall sign more than twenty-one (21) nominating petitions nor more than one (1) petition for the same candidate, and if he does either, his signatures shall not be counted on any nominating petition.

All acceptances and petitions shall be filed with the secretary of state not less than forty-five (45) days before the date fixed for the election. No nomination shall be effective except those of the twenty-one (21) candidates in favor of ratification and the twenty-one (21) candidates against ratification whose nominating petitions have respectively been signed by the largest number of voters, ties, if any, to be decided by lot drawn by the secretary of state; provided, however, that if there be less than twenty-one (21) candidates in favor of ratification, all such candidates shall be considered as nominated, or if there be less than twenty-one (21) candidates against ratification all such candidates shall be considered as nominated.

Within ten (10) days after the petitions are filed with him, the secretary of state shall certify to each county auditor within the state, a certified list of the candidates of each group entitled to be voted for at such election, as appears from the acceptances and nominating petitions filed in the office of the secretary of state.

History:

[34-2205, added 1933, ch. 179, sec. 5, p. 328; am. 2007, ch. 90, sec. 17, p. 254.]
Idaho Code § 34-419 — Idaho Code / Title 34 / Chapter 4 / Section 34-419
34-419 SUSPENSION OF REGISTRATION OF ELECTORS WHO APPEAR NOT TO BE CITIZENS OF THE UNITED STATES.
Status: in_force

34-419. Suspension of registration of electors who appear not to be citizens of the United States. The county clerk shall remove from the register of electors the official registration application of any elector who appears by the registration records in the office of the county clerk not to be a citizen of the United States and shall suspend the registration of such elector. The county clerk shall mail a written notice of such removal and suspension to the elector at his residence address indicated on the application. If the elector proves to the county clerk that he is in fact a citizen of the United States, his application shall be replaced in the register and his registration reinstated.

History:

[34-419, added 1970, ch. 140, sec. 54, p. 351; am. 2016, ch. 359, sec. 7, p. 1056.]
Idaho Code § 34-1402 — Idaho Code / Title 34 / Chapter 14 / Section 34-1402
34-1402 REGISTRATION.
Status: in_force

34-1402. Registration. All electors must register with the county clerk before being able to vote in any primary, general, special or any other election conducted in this state. The county clerk shall determine, for each registered elector, the elections for which he is eligible to vote by a determination of the applicable code areas. The determination of tax code area shall be made for all political subdivisions including those otherwise exempt from the provisions of this chapter.

The county clerk shall conform to the provisions of chapter 4, title 34, Idaho Code, in the administration of registration for all political subdivisions within the county.

History:

[34-1402, added 1992, ch. 176, sec. 4, p. 555; am. 2003, ch. 48, sec. 13, p. 187; am. 2011, ch. 285, sec. 12, p. 783.]
Idaho Code § 34-2306 — Idaho Code / Title 34 / Chapter 23 / Section 34-2306
34-2306 DIFFERENCE REVEALED BY RECOUNT — CANDIDATE RELIEVED OF COSTS.
Status: in_force

34-2306. Difference revealed by recount — Candidate relieved of costs. If the results of the recount indicate a difference, which if projected across all the precincts of the office in question would change the result of the election in favor of the candidate requesting the recount or change in the measure being recounted, then the cost of such recount shall be borne by the county or state and the sums of money theretofore paid for the recount shall be returned to the candidate or person who requested the recount of a ballot measure.

In order to be relieved of the costs of the recount, the candidate or person must request that at least twenty (20) precincts containing not less than five thousand (5,000) votes cast be recounted if for a federal or state office or measure, or five (5) precincts containing not less than one thousand two hundred fifty (1,250) votes cast be recounted for a state legislative district office, or at least two (2) precincts having not less than five hundred (500) votes cast be recounted for a county office or measure, or two (2) precincts having not less than two hundred (200) votes cast to be recounted in city or district elections.

History:

[34-2306, added 1957, ch. 198, sec. 6, p. 410; am. 1985, ch. 41, sec. 4, p. 85; am. 2011, ch. 285, sec. 20, p. 785.]
Idaho Code § 34-711A — Idaho Code / Title 34 / Chapter 7 / Section 34-711A
34-711A CERTIFICATION OF INDEPENDENT PRESIDENTIAL ELECTORS.
Status: in_force

34-711A. Certification of independent presidential electors. Independent presidential candidates who have qualified for ballot status pursuant to section 34-708A, Idaho Code, shall certify the names of the vice presidential candidate and of presidential electors to the secretary of state on or before September 1, unless an extension of no more than five (5) days is granted by the secretary of state, in order for them to appear on the general election ballot. The secretary of state shall certify the independent presidential electors and the independent candidates for president and vice president to the county clerks on or before September 7.

History:

[34-711A, added 1977, ch. 14, sec. 2, p. 30; am. 1984, ch. 131, sec. 4, p. 306; am. 1985, ch. 42, sec. 5, p. 90; am. 2025, ch. 306, sec. 2, p. 1302.]
Idaho Code § 34-1210 — Idaho Code / Title 34 / Chapter 12 / Section 34-1210
34-1210 TIE VOTES IN COUNTY ELECTIONS.
Status: in_force

34-1210. Tie votes in county elections. In the case of a tie vote between candidates at a primary election or general election, the interested candidates shall appear before the county clerk within two (2) days after the canvass and the tie shall be determined by a toss of a coin.

History:

[34-1210, added 1970, ch. 140, sec. 194, p. 351.]
Idaho Code § 34-1012 — Idaho Code / Title 34 / Chapter 10 / Section 34-1012
34-1012 ALTERNATIVE PROCEDURES FOR ABSENTEE VOTING — EARLY VOTING.
Status: in_force

34-1012. alternative procedures for absentee voting — early voting. (1) Those counties that utilize absentee voting facilities that have access to the Idaho statewide voter registration system and count ballots at a central location or utilize a polling location-based tabulation system may elect to conduct "early voting" according to the provisions of this section. For those counties that elect to do "early voting," early voting shall begin on or after the fourth Monday before the election and end at 5:00 p.m. on the Friday before the election. Primary election ballots shall be issued pursuant to section 34-1002(2), Idaho Code.

(2) A voter who appears at an "early voting" station to vote shall state his or her name and address to the election official and present the voter's identification as required by sections 34-1113 and 34-1114, Idaho Code.

(3) The election official shall examine the records to ascertain whether or not such applicant is registered and lawfully entitled to vote as requested. The provisions of section 34-408A, Idaho Code, authorizing election day registration shall also apply in determining the applicant's qualifications to vote.

(4) Before receiving a ballot, each elector shall sign his or her name in the election register and poll book provided for early voting.

(5) The elector shall then be given the appropriate ballots containing the official election ballot identification pursuant to section 34-901, Idaho Code, and shall be given folding instructions for such ballots, if appropriate.

(6) Upon receipt of the ballots, the elector shall retire to a vacant voting booth and mark the ballots according to the instructions provided.

(7) After marking the ballot, the elector shall present himself or herself to the election official at the ballot box and state his or her name and address. The elector shall then deposit the ballot in the ballot box or hand it to the election official, who shall deposit it. The election official shall then record that the elector has voted and proclaim the same in an audible voice.

(8) Voters requiring assistance shall be provided with such assistance in accordance with section 34-1108, Idaho Code.

(9) Electioneering is prohibited at an early voting polling place as provided in section 18-2318, Idaho Code.

History:

[34-1012, added 2013, ch. 132, sec. 1, p. 302; am. 2016, ch. 138, sec. 1, p. 403; am. 2025, ch. 113, sec. 17, p. 608.]
Idaho Code § 34-1806 — Idaho Code / Title 34 / Chapter 18 / Section 34-1806
34-1806 BINDING OF PETITION AND SIGNATURE SHEETS — APPROVED MEASURES TO BE PRINTED WITH SESSION LAWS.
Status: in_force

34-1806. Binding of petition and signature sheets — Approved measures to be printed with session laws. When any such initiative or referendum petition shall be offered for filing the secretary of state shall detach the sheets containing the signatures and affidavits and cause them all to be attached to one or more printed copies of the measure so proposed by initiative or referendum petitions. The secretary of state shall file and keep such petitions as official public records. The secretary of state shall cause every such measure so approved by the people to be printed with the general laws enacted by the next ensuing session of the state legislature with the date of the governor's proclamation declaring the same to have been approved by the people.

History:

[34-1806, added 1933, ch. 210, sec. 6, p. 431; am. 1988, ch. 48, sec. 3, p. 68.]
Idaho Code § 34-1803B — Idaho Code / Title 34 / Chapter 18 / Section 34-1803B
34-1803B INITIATIVE AND REFERENDUM PETITIONS — REMOVAL OF SIGNATURES.
Status: in_force

34-1803B. Initiative and referendum petitions — Removal of signatures. (1) The signer of any initiative or referendum petition may remove his or her own name from the petition by crossing out, obliterating or otherwise defacing his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification.

(2) The signer of any initiative or referendum petition may have his or her name removed from the petition at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. The statement shall contain sufficient information to clearly identify the signer. The county clerk shall immediately strike the signer's name from the petition, and adjust the total of certified signatures on the petition accordingly. The statement shall be attached to, and become a part of the initiative or referendum petition.

(3) Each signature page of an initiative or referendum petition shall state that any person signing a petition may remove his signature pursuant to this section.

History:

[34-1803B, added 1997, ch. 266, sec. 4, p. 759; am. 2020, ch. 336, sec. 2, p. 978.]
Idaho Code § 34-1412 — Idaho Code / Title 34 / Chapter 14 / Section 34-1412
34-1412 TERMS OF OFFICE GOING BEYOND NEXT ELECTION DATE.
Status: in_force

34-1412. terms of office going beyond next election date. Notwithstanding any other provision of law to the contrary, whenever a member of the governing board of a taxing district has been elected to a term of office that goes beyond the next election date as provided by statute, such member of the governing board shall be entitled to serve his or her term of office and shall continue to serve until the following election provided by statute. All governing board members elected on and after January 1, 2011, shall serve terms of office beginning and ending as otherwise provided by statute.

History:

[34-1412, added 2011, ch. 11, sec. 21, p. 34.]
Idaho Code § 34-2208 — Idaho Code / Title 34 / Chapter 22 / Section 34-2208
34-2208 MEETING AND ORGANIZATION OF DELEGATES.
Status: in_force

34-2208. Meeting and organization of delegates. The delegates to the convention shall meet and assemble in the house of representatives in the capitol at Boise, Idaho, on the twenty-eighth day after their election, at twelve (12) o'clock noon, and shall thereupon organize as, be and constitute a convention to pass upon the question of whether or not the proposed amendment shall be ratified.

History:

[34-2208, added 1933, ch. 179, sec. 8, p. 328.]
Idaho Code § 34-622 — Idaho Code / Title 34 / Chapter 6 / Section 34-622
34-622 ELECTION OF COUNTY CORONERS — QUALIFICATIONS.
Status: in_force

34-622. Election of county coroners — Qualifications. (1) At the general election, 1986, and every four (4) years thereafter, a coroner shall be elected in every county.

(2) No person shall be elected to the office of coroner unless he has attained twenty-one (21) years of age at the time of his 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) All newly elected or appointed county coroners shall attend a coroner's school within one (1) year of taking office. Such school shall be sponsored or endorsed by the Idaho state association of county coroners, pursuant to section 31-2810, Idaho Code.

History:

[34-622, added 1970, ch. 140, sec. 102, p. 351; am. 1994, ch. 54, sec. 5, p. 94; am. 1996, ch. 28, sec. 18, p. 74; am. 2010, ch. 355, sec. 2, p. 933; am. 2025, ch. 96, sec. 9, p. 515.]
Idaho Code § 34-712 — Idaho Code / Title 34 / Chapter 7 / Section 34-712
34-712 SAMPLE FORM FOR PRIMARY ELECTION BALLOTS.
Status: in_force

34-712. Sample form for primary election ballots. The secretary of state shall provide the sample form of the primary election ballot to each of the county clerks no later than the ninth Friday before the primary election. The sample ballot shall contain the proper political party candidates to be voted on within the county whose declarations were filed and certified in the office of the secretary of state with instructions for the placing of political party candidates seeking the political party nomination for county offices, single countywide highway district offices pursuant to section 40-1404A, Idaho Code, and precinct offices. If a county is within more than one (1) legislative district, the secretary of state shall provide a sample ballot for each legislative district that includes part of the county.

History:

[34-712, added 1970, ch. 140, sec. 116, p. 351; am. 1970, ch. 231, sec. 4, p. 643; am. 1971, ch. 188, sec. 4, p. 867; am. 1971 (E.S.), ch. 9, sec. 6, p. 20; am. 1972, ch. 346, sec. 3, p. 1015; am. 1976, ch. 60, sec. 8, p. 204; am. 2025, ch. 113, sec. 13, p. 606; am. 2026, ch. 333, sec. 9, p. 1311.]
Idaho Code § 34-2013 — Idaho Code / Title 34 / Chapter 20 / Section 34-2013
34-2013 PROCEDURE IN GENERAL.
Status: in_force

34-2013. Procedure in general. The proceedings shall be held according to the Idaho Rules of Civil Procedure so far as practicable, but shall be under the control and direction of the court, which shall have all the powers necessary to the right hearing and determination of the matter; to compel the attendance of witnesses, swear them and direct their examination; to punish for contempt in its presence or by disobedience to its lawful mandate; to adjourn from day to day; to make any order concerning immediate costs, and to enforce its orders by attachment. It shall be governed by the rules of law and evidence applicable to the case.

History:

[(34-2013) 1890-1891, p. 57, sec. 154; reen. 1899, p. 33, sec. 141; reen. R.C. & C.L., sec. 5038; C.S., sec. 7286; I.C.A., sec. 33-1713; am. 1982, ch. 209, sec. 4, p. 574.]
Idaho Code § 34-503 — Idaho Code / Title 34 / Chapter 5 / Section 34-503
34-503 LEGISLATIVE DISTRICT CENTRAL COMMITTEE — MEMBERSHIP — OFFICERS.
Status: in_force

34-503. Legislative district central committee — Membership — Officers. The legislative district central committee of each political party in each legislative district shall consist of the precinct committeemen representing the precincts within the legislative district, and the legislative district chairman elected by the precinct committeemen. The precinct committeemen within each legislative district shall meet within the legislative district or at a convenient location in a legislative district contiguous to the legislative district, or at a convenient location in a county in which any portion of the legislative district sits, within eleven (11) days after the primary election, the meeting time and place to be designated by the incumbent legislative district chairman. At this meeting the precinct committeemen shall organize by electing a chairman, vice chairman, a secretary and such other officers as they may desire, who shall hold office at the pleasure of the legislative district central committee or until their successors are elected.

Unless state party rules, adopted as provided in section 34-506, Idaho Code, provide otherwise, when a vacancy exists in the office of legislative district central committee chairman, it shall be the duty of the state central committee chairman to call a meeting of the precinct committeemen of the legislative district, and the precinct committeemen shall proceed to elect a chairman of the legislative district central committee for the balance of the unexpired term.

History:

[34-503, added 1970, ch. 140, sec. 76, p. 351; am. 1976, ch. 351, sec. 2, p. 1161; am. 2006, ch. 397, sec. 1, p. 1222.]
Idaho Code § 34-2420 — Idaho Code / Title 34 / Chapter 24 / Section 34-2420
34-2420 EXAMINATIONS OF MACHINE DURING ELECTION.
Status: in_force

34-2420. Examinations of machine during election. The election board shall occasionally examine the voting machine and the ballots to determine that the machine and the ballots have not been damaged or tampered with.

History:

[34-2420, added 1970, ch. 140, sec. 151, p. 351; am. 2024, ch. 260, sec. 10, p. 906.]
Idaho Code § 34-912 — Idaho Code / Title 34 / Chapter 9 / Section 34-912
34-912 PROCEDURE FOR CORRECTION OF BALLOTS WHEN VACANCY OCCURS AFTER PRINTING — NOTICE.
Status: in_force

34-912. Procedure for correction of ballots when vacancy occurs after printing — Notice. When any vacancy occurs after the printing of the ballots and is filled as provided by law, the county clerk shall thereupon have printed a sufficient number of stickers containing the name of the candidate designated to fill the vacancy and shall deliver them to the judges of elections of the precincts interested therein.

The distributing clerk shall affix such stickers on the ballot before it is given to the elector. The sticker shall be placed over the name of the previous candidate. If the vacancy occurs after the deadline for filling the same, the distributing clerk shall cross the name of such candidate off the ballot and no votes shall be cast for the candidate. The county clerk shall notify the precincts of this authorization as soon as a vacancy occurs.

History:

[34-912, added 1970, ch. 140, sec. 131, p. 351.]
Idaho Code § 34-2008 — Idaho Code / Title 34 / Chapter 20 / Section 34-2008
34-2008 COMPLAINT AND SECURITY FOR COSTS.
Status: in_force

34-2008. Complaint and security for costs. The contestants shall file in the proper court, within twenty (20) days after the votes are canvassed, a complaint setting forth the name of the contestant, and that he is an elector competent to contest such election; the name of the incumbent, the office contested, the time of the election, and the particular causes of contest, which complaint shall be verified by the affidavit of the contestant, that the causes set forth are true as he verily believes. The contestant must also file a bond, with security to be approved by the clerk of the court or district judge, as the case may be, conditioned to pay all costs in case the election be confirmed, the complaint dismissed, or the prosecution fail.

History:

[(34-2008) 1890-1891, p. 57, sec. 149; reen. 1899, p. 33, sec. 136; reen. R.C. & C.L., sec. 5033; C.S., sec. 7281; I.C.A., sec. 33-1708.]
Idaho Code § 34-611 — Idaho Code / Title 34 / Chapter 6 / Section 34-611
34-611 ELECTION OF STATE TREASURER — QUALIFICATIONS.
Status: in_force

34-611. Election of state treasurer — Qualifications. (1) At the general election, 1974, and every four (4) years thereafter, a state treasurer shall be elected.

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

[34-611, added 1970, ch. 140, sec. 91, p. 351; am. 1996, ch. 28, sec. 7, p. 70.]
Idaho Code § 34-1507 — Idaho Code / Title 34 / Chapter 15 / Section 34-1507
34-1507 COMPENSATION AND MILEAGE OF ELECTORS.
Status: in_force

34-1507. Compensation and mileage of electors. Every elector of this state for the election of president and vice president of the United States, hereafter elected, who shall attend and give his vote for those offices at the time and place appointed by law, shall be compensated as provided by section 59-509(d), Idaho Code.

History:

[(34-1507) 1890-1891, p. 57, sec. 115; reen. 1899, p. 66, sec. 5; am. R.C. & C.L., sec. 465; C.S., sec. 649; I.C.A., sec. 33-1407; am. 1980, ch. 247, sec. 28, p. 601.]
Idaho Code § 34-910 — Idaho Code / Title 34 / Chapter 9 / Section 34-910
34-910 DUTY OF COUNTY CLERK TO FURNISH SUFFICIENT BALLOTS TO EACH VOTING PRECINCT — RECORD OF NUMBER OF BALLOTS PRINTED AND FURNISHED.
Status: in_force

34-910. Duty of county clerk to furnish sufficient ballots to each voting precinct — Record of number of ballots printed and furnished. (1) It shall be the duty of the county clerk to furnish and cause to be delivered a sufficient number of election ballots to the judges of elections of each voting precinct. The ballots shall be delivered to the polling place within the precinct on or before the opening of the polls for the election together with the official election ballot identification in sealed packages. Upon receipt of the ballots and supplies, the chief judge of elections or other designated judge must return a written receipt to the county clerk.

(2) The county clerk shall keep a record of the number of ballots printed and furnished to each polling place within the county and preserve the same for one (1) year.

History:

[34-910, added 1970, ch. 140, sec. 129, p. 351; am. 2011, ch. 285, sec. 9, p. 782; am. 2013, ch. 285, sec. 4, p. 737.]
Idaho Code § 34-2404 — Idaho Code / Title 34 / Chapter 24 / Section 34-2404
34-2404 TAMPERING WITH MACHINES PROHIBITED.
Status: in_force

34-2404. Tampering with machines prohibited. (1) No person shall:

(a) Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election;

(b) Tamper with any voting machine or vote tally system that has been used in an election; or

(c) Prevent or attempt to prevent the correct operation of any voting machine or vote tally system.

(2) No unauthorized person shall make or have in his possession a key to a voting machine to be used or being used in an election.

(3) The secretary of state may authorize access to voting machines or vote tally systems with consent of the county clerk for the purposes of testing, inspection, maintenance, or any other reason deemed necessary by the secretary of state. Such authorization shall be in writing.

(4) Neither the secretary of state nor any officer or employee of any county, city, district or other political subdivision using voting machines or vote tally systems shall solicit or accept any compensation, other than amounts paid by the governmental unit, in connection with the sale, lease or use of voting machines or vote tally systems.

History:

[34-2404, added 1970, ch. 140, sec. 135, p. 351; am. 2024, ch. 260, sec. 3, p. 902.]