reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1202A - VOID BALLOT NOT COUNTED.

34-1202A. VOID BALLOT NOT COUNTED. At any bond election conducted by the state of Idaho, its agencies, institutions, political subdivisions and municipal and quasi-municipal corporations, any ballot or part of a ballot from which it is impossible to determine the elector’s choice shall be void and shall not be counted. It is hereby declared that any qualified elector casting such ballot or part of a ballot shall be deemed not to have voted at or participated in such bond election and such ballot or part of a ballot shall not be counted in determining the number of qualified electors voting at or participating in such bond election.
History:
[34-1202A, added 1978, ch. 51, sec. 1, p. 96.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1203 - COUNTING OF BALLOTS — CERTIFICATES OF JUDGES.

34-1203. COUNTING OF BALLOTS — CERTIFICATES OF JUDGES. (1) The ballots and polls lists agreeing, the election personnel shall then proceed to tally the votes cast. Under each office title, the number of votes for each candidate and such other information required by the secretary of state shall be entered in the tally books together with the total of the above figures in the manner prescribed by the secretary of state. Any ballot or part of a ballot from which it is impossible to determine the elector’s choice shall be void and shall not be counted. When a ballot is sufficiently plain to determine therefrom a part of the voter’s intention, it shall be the duty of the judges to count such part.
(2) Following the counting, the judges must transmit a copy of the results to the county clerk.
(3)(a) For any election in which at least one (1) office election or ballot question in the county occurs in both time zones in Idaho, the county clerk shall release no election results to the public until all voting places in the state have closed on election day.
(b) If no office election or ballot question in the county occurs in both time zones in Idaho, the county clerk may release the election results to the public at any time after all voting places in the county have closed on election day.
(4) The secretary of state shall issue directives or promulgate administrative rules adopting standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in this state.
History:
[34-1203, added 1970, ch. 140, sec. 187, p. 351; am. 1981, ch. 109, sec. 1, p. 163; am. 2003, ch. 48, sec. 12, p. 186; am. 2016, ch. 272, sec. 1, p. 749; am. 2022, ch. 195, sec. 1, p. 642.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1204 - TRANSMISSION OF SUPPLIES TO COUNTY CLERK.

34-1204. TRANSMISSION OF SUPPLIES TO COUNTY CLERK. After the counting of the votes, the judges of the election shall enclose and seal the combination election record and poll book, tally books, all ballot stubs, unused ballot books, and other supplies in a suitable container and deliver them to the county clerk’s office. If the office of the county clerk is closed, the articles shall be delivered to the sheriff or one (1) of his deputies who shall deliver them to the county clerk no later than the day after the election.
History:
[34-1204, added 1970, ch. 140, sec. 188, p. 351; am. 1972, ch. 193, sec. 1, p. 480.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1205 - COUNTY BOARD OF CANVASSERS — MEETINGS.

34-1205. COUNTY BOARD OF CANVASSERS — MEETINGS. The county board of commissioners shall be the county board of canvassers and the county clerk shall serve as their secretary for this purpose. The county board of canvassers shall meet within seven (7) days after a primary election and within ten (10) days after a general election for the purpose of canvassing the election returns of all precincts within the county.
History:
[34-1205, added 1970, ch. 140, sec. 189, p. 351; am. 1972, ch. 193, sec. 2, p. 480; am. 1975, ch. 174, sec. 15, p. 469; am. 2012, ch. 33, sec. 13, p. 104; am. 2015, ch. 292, sec. 9, p. 1171; am. 2023, ch. 208, sec. 16, p. 580.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1206 - BOARD’S STATEMENT OF VOTES CAST.

34-1206. BOARD’S STATEMENT OF VOTES CAST. The board shall examine and make a statement of the total number of votes cast for all candidates or special questions that shall have been voted upon at the election. The statement shall set forth the special questions and the names of the candidates for whom the votes have been cast. It shall also include the total number of votes cast for each candidate for office by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code, and the total number of affirmative and negative votes cast for any special question by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code. The board shall certify that such statement is true, subscribe their names thereto, and deliver it to the county clerk.
History:
[34-1206, added 1970, ch. 140, sec. 190, p. 351; am. 2012, ch. 211, sec. 7, p. 576.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1207 - ABSTRACTS OF RETURNS.

34-1207. ABSTRACTS OF RETURNS. After the canvass of the votes for each office the board shall cause the county clerk to make abstracts of the returns for each candidate which shall then be signed by each member of the board. The abstracts shall be in a form prescribed by the secretary of state and be uniform throughout the state.
The county clerk, by registered mail, shall forward to the secretary of state the abstracts for all candidates for federal, state or district offices.
History:
[34-1207, added 1970, ch. 140, sec. 191, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1208 - CERTIFICATES OF NOMINATION OR ELECTION.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1209 - CERTIFICATES OF ELECTION TO COUNTY CANDIDATES AFTER GENERAL ELECTION.

34-1209. CERTIFICATES OF ELECTION TO COUNTY CANDIDATES AFTER GENERAL ELECTION. Immediately after the general election canvass, the county clerk shall issue a certificate of election to the county candidates who received the highest number of votes for that particular office and they shall be considered duly elected to assume the duties of the office for the next ensuing term.
History:
[34-1209, added 1970, ch. 140, sec. 193, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1210 - TIE VOTES IN COUNTY ELECTIONS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1211 - STATE BOARD OF CANVASSERS — MEETINGS.

34-1211. STATE BOARD OF CANVASSERS — MEETINGS. The secretary of state, state controller and state treasurer shall constitute the state board of canvassers. The functions of the board shall be election functions, and the secretary of state shall be chairman of the board. The state board of canvassers shall meet within fifteen (15) days after the primary election and within fifteen (15) days after the general election in the office of the secretary of state for the purpose of canvassing the abstracts of votes cast for all candidates for federal, state and district offices.
History:
[34-1211, added 1970, ch. 140, sec. 195, p. 351; am. 1972, ch. 193, sec. 3, p. 480; am. 1974, ch. 5, sec. 1, p. 23; am. 1994, ch. 181, sec. 2, p. 576.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1212 - EXAMINATION AND CERTIFICATION OF COUNTY CANVASSES BY STATE BOARD.

34-1212. EXAMINATION AND CERTIFICATION OF COUNTY CANVASSES BY STATE BOARD. The board shall examine the abstracts of votes from the county canvasses 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, and the total number of affirmative and negative votes cast for any special question 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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1213 - CERTIFICATION OF CANVASS OF ABSTRACTS BY BOARD.

34-1213. CERTIFICATION OF CANVASS OF ABSTRACTS BY BOARD. After the canvass of the abstracts, the board shall make a statement of the total number of votes cast at any such election for all the candidates for federal, state or district offices, which statement shall show the names of the persons to whom such votes shall have been cast for the particular offices and the total number cast to each, distinguishing the several districts, counties and precincts in which they were given. They shall certify such statement to be correct, and subscribe their names thereto.
History:
[34-1213, added 1970, ch. 140, sec. 197, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1214 - CERTIFICATES OF NOMINATION OR ELECTION TO FEDERAL, STATE, DISTRICT OR NONPARTISAN OFFICES AFTER PRIMARY.

34-1214. CERTIFICATES OF NOMINATION OR ELECTION TO FEDERAL, STATE, DISTRICT OR NONPARTISAN OFFICES AFTER PRIMARY. (1) Immediately after the primary election canvass, the secretary of state shall issue certificates of nomination to the political party candidates of each party who receive the highest number of votes for their particular federal, state or district office. The candidates so certified shall have their names placed on the general election ballot.
(2) Immediately after the primary election canvass, the secretary of state shall issue certificates of nomination to the nonpartisan candidate or candidates who receive the highest number of votes for the number of vacancies which are to be filled for a particular office and also to the same number of candidates who receive the second highest number of votes for the particular office. The candidates so certified shall have their names placed on the general election ballot. If it appears from the canvass that a particular candidate has received a majority of the total vote cast for the particular office, he shall be issued a certificate of election instead of a certificate of nomination and no candidates shall run for the particular office in the general election.
History:
[34-1214, added 1970, ch. 140, sec. 198, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1215 - CERTIFICATES OF ELECTION TO FEDERAL, STATE AND DISTRICT OFFICES AFTER GENERAL ELECTION.

34-1215. CERTIFICATES OF ELECTION TO FEDERAL, STATE AND DISTRICT OFFICES AFTER GENERAL ELECTION. Immediately after the general election canvass, the secretary of state shall issue certificates of election to the federal, state and district candidates who received the highest number of votes for the particular office and they shall be considered duly elected to assume the duties of the office for the next ensuing term.
History:
[34-1215, added 1970, ch. 140, sec. 200, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1216 - TIE VOTES — IN STATE OR DISTRICT ELECTIONS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1217 - CANVASSING RETURNS OF JUDICIAL ELECTIONS — CERTIFICATES OF NOMINATION OR ELECTION.

34-1217. CANVASSING RETURNS OF JUDICIAL ELECTIONS — CERTIFICATES OF NOMINATION OR ELECTION. The board of county commissioners shall canvass the returns of the judicial nominating election at the time the returns of the primary election are canvassed, shall determine, and cause the county clerk to certify to the secretary of state, the result of said judicial nominating election. In such certificate the clerk shall set forth, following the name of each justice of the supreme court and each district judge for whom a successor is to be elected at the general election in that year, the vote received by each person who had declared himself to be, and who had been voted for as, a candidate to succeed such justice or district judge.
The returns so made to the secretary of state by the county clerk shall be canvassed by the state board of canvassers at the time the other returns of said primary election are canvassed.
If it appears to the state board of canvassers upon the official canvass that at such judicial nominating election any candidate received a majority of all the votes cast for candidates to succeed a particular justice of the supreme court or district judge, said board shall certify to the secretary of state as duly elected to such office the name of the candidate who received such majority and such candidate whose name is so certified shall receive and the secretary of state shall issue and deliver to him a certificate of election to such office and he shall not be required to stand for election at the general election following.
In the event no candidate received a majority of all votes cast for candidates to succeed a particular justice of the supreme court or a particular district judge, the two (2) candidates receiving the greater number of votes cast for all candidates to succeed such justice of the supreme court or such district judge shall be and shall be declared to be nominees to succeed such justice or such district judge and their names as such nominees shall be placed on the official judicial ballot at the general election next following. The secretary of state shall certify the names of such nominees, including with each the name of the incumbent in office whom such candidates were nominated to succeed, to the county clerks at the time he certifies the names of candidates for other offices certified by him; provided, however, if another be appointed to succeed the incumbent person named on such judicial nominating ballot, the secretary of state shall insert in such certificate or in amendment thereto the name of the appointee in the place of the name of the incumbent person named on such judicial nominating ballot.
History:
[34-1217, added 1970, ch. 231, sec. 12, p. 643; am. 1971, ch. 131, sec. 1, p. 513.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1401 - ELECTION ADMINISTRATION.

34-1401. ELECTION ADMINISTRATION. (1) Notwithstanding any provision to the contrary, the county clerk shall administer all elections on behalf of any political subdivision, subject to the provisions of this chapter, including all special district elections and elections of special questions submitted to the electors as provided in this chapter. Water districts governed by chapter 6, title 42, Idaho Code, recreational water and/or sewer districts as defined in section 42-3202A, Idaho Code, aquifer recharge districts governed by chapter 42, title 42, Idaho Code, ground water management districts governed by chapter 51, title 42, Idaho Code, ground water districts governed by chapter 52, title 42, Idaho Code, and irrigation districts governed by title 43, Idaho Code, are exempt from the provisions of this chapter. Municipal elections shall be conducted under the provisions of this chapter except for the specific provisions of chapter 4, title 50, Idaho Code. All school district and highway district elections shall be conducted pursuant to the provisions of this chapter 14, title 34, Idaho Code. All highway district and school district elections shall be administered by the clerk of the county wherein the district lies. Elections in a joint school district or other political subdivisions that extend beyond the boundaries of a single county shall be conducted jointly by the clerks of the respective counties, and the clerk of the home county shall exercise such powers as are necessary to coordinate the election. "Home county" shall be defined as the county in which the business office for the district or political subdivision is located.
(2) For the purposes of achieving uniformity, the secretary of state shall, from time to time, provide directives and instructions to the various county clerks. Unless a specific exception is provided in this chapter, the provisions of this chapter shall govern in all questions regarding the conduct of elections on behalf of all political subdivisions. In all matters not specifically covered by this chapter, other provisions of title 34, Idaho Code, governing elections shall prevail over any special provision which conflicts therewith.
(3) The county clerk shall conduct the elections for political subdivisions and shall perform all necessary duties of the election official of a political subdivision including, but not limited to, notice of the filing deadline, notice of the election, and preparation of the election calendar.
History:
[34-1401, added 1992, ch. 176, sec. 4, p. 555; am. 1993, ch. 313, sec. 5, p. 1160; am. 1993, ch. 379, sec. 1, p. 1392; am. 1996, ch. 298, sec. 1, p. 977; am. 2009, ch. 341, sec. 59, p. 1032; am. 2010, ch. 185, sec. 9, p. 387; am. 2011, ch. 11, sec. 15, p. 32; am. 2021, ch. 325, sec. 3, p. 992.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1402 - REGISTRATION.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1403 - CONDUCT OF ELECTIONS.

34-1403. CONDUCT OF ELECTIONS. All elections conducted in this state on behalf of each political subdivision within the county shall be conducted in a uniform manner with regard to the qualifications of electors and shall be conducted on the dates as provided by law. In the event that a statute governing a political subdivision provides for qualifications more restrictive than the qualifications for an elector in section 34-402, Idaho Code, the election official of the district shall provide an elector’s oath to be executed at the time of the election certifying to the elector’s qualifications for the specific election.
History:
[34-1403, added 1992, ch. 176, sec. 4, p. 556; am. 1993, ch. 313, sec. 6, p. 1160.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1404 - DECLARATION OF CANDIDACY.

34-1404. DECLARATION OF CANDIDACY. (1) Candidates for election in any political subdivision shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the office for which the nomination is made, the term for which nomination is made, the signature of not less than five (5) electors of the candidate’s specific zone or district of the political subdivision, and be filed with the clerk of the political subdivision. The form of the nominating petition shall be as provided by the county clerk and shall be uniform for all political subdivisions. For an election to be held on the third Tuesday in May, in even-numbered years, the nomination petition shall be filed during the period specified in section 34-704, Idaho Code. The clerk of the political subdivision shall verify the qualifications of the nominees and shall, no more than seven (7) days after the close of filing, certify the nominees to be placed on the ballot of the political subdivision. For an election to be held on the first Tuesday after the first Monday of November, in even-numbered years, the nomination shall be filed on or before September 1. The clerk of the political subdivision shall verify the qualifications of the nominees and shall, no more than seven (7) days after the close of filing, certify the nominees to be placed on the ballot of the political subdivisions. For all other elections, the nomination shall be filed not later than 5:00 p.m. on the ninth Friday preceding the election for which the nomination is made. The clerk of the political subdivision shall verify the qualifications of the nominee and shall, no more than seven (7) days following the filing, certify the nominees to be placed on the ballot of the political subdivision.
(2) Nominating petitions shall include campaign contact information for candidates, including phone numbers.
(3) All information in nominating petitions shall be made publicly available upon request.
History:
[34-1404, added 1993, ch. 313, sec. 8, p. 1161; am. 2009, ch. 341, sec. 60, p. 1033; am. 2010, ch. 185, sec. 10, p. 388; am. 2011, ch. 11, sec. 16, p. 33; am. 2014, ch. 162, sec. 3, p. 457; am. 2022, ch. 305, sec. 3, p. 965.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1405 - NOTICE OF ELECTION FILING DEADLINE.

34-1405. NOTICE OF ELECTION FILING DEADLINE. (1) Not more than fourteen (14) nor less than seven (7) days preceding the candidate filing deadline for an election, the county clerk shall cause to be published a notice of the forthcoming candidate filing deadline for all taxing districts. The notice shall include not less than the name of the political subdivision, the place where filing for each office takes place, and a notice of the availability of declarations of candidacy. The notice shall be published in the official newspaper of the political subdivision.
(2) The secretary of state shall compile an election calendar annually which shall include not less than a listing of the political subdivisions which will be conducting candidate elections in the forthcoming year, the place where filing for each office takes place, and the procedure for a declaration of candidacy. Annually in December, the county clerk shall cause to be published the election calendar for the county for the following calendar year. This publication shall be in addition to the publication required by paragraph (1) of this section. The election calendar for the county shall be published in at least two (2) newspapers published within the county, but if this is not possible, the calendar shall be published in one (1) newspaper which has general circulation within the county. Copies of the election calendar shall be available, without charge, from the office of the secretary of state or the county clerk.
History:
[34-1405, added 1992, ch. 176, sec. 4, p. 556; am. 1993, ch. 313, sec. 9, p. 1161; am. 2009, ch. 341, sec. 61, p. 1034.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1405A - WITHDRAWAL OF CANDIDACY.

34-1405A. WITHDRAWAL OF CANDIDACY. A candidate for nomination or candidate for election to an office may withdraw from the election by filing a notarized statement of withdrawal with the officer with whom his declaration of candidacy was filed. The statement must contain all information necessary to identify the candidate and the office sought and the reason for withdrawal. A candidate may not withdraw later than forty-six (46) days before an election.
History:
[34-1405A, added 2011, ch. 11, sec. 17, p. 33; am. 2019, ch. 96, sec. 12, p. 350.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1406 - NOTICE OF ELECTION.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1407 - WRITE-IN CANDIDATES.

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 the eighth 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 the eighth Friday preceding 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 candidates in the primary or general 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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1408 - ABSENTEE BALLOTS.

34-1408. ABSENTEE BALLOTS. Any registered elector may vote at any election by absentee ballot as provided in chapter 10, title 34, Idaho Code. In the event of a written application to the county clerk for an absentee ballot, the application shall be deemed to be an application for all ballots to be voted in the election, and the county clerk shall provide the ballot of the political subdivision to the elector.
History:
[34-1408, added 1992, ch. 176, sec. 4, p. 558; am. 2010, ch. 185, sec. 11, p. 388.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1409 - CONDUCT OF ELECTION ON ELECTION DAY.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1410 - CANVASSING OF ELECTION RESULTS.

34-1410. CANVASSING OF ELECTION RESULTS. The board of county commissioners shall conduct the canvass of the election results within ten (10) days after the election, in the manner provided in chapter 12, title 34, Idaho Code. The county clerk shall certify the election results to the clerk of each political subdivision for which an election was held. Each political subdivision shall issue the appropriate certificates of election.
History:
[34-1410, added 1992, ch. 176, sec. 4, p. 558; am. 2010, ch. 185, sec. 12, p. 389; am. 2011, ch. 11, sec. 20, p. 34.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1411 - PAYMENT OF ELECTION EXPENSES BY COUNTY.

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 subsections (9) and (10) of 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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1412 - TERMS OF OFFICE GOING BEYOND NEXT ELECTION DATE.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1413 - PROCEDURES FOR CERTAIN POLITICAL SUBDIVISION ELECTIONS TO MODIFY VOTING PROCEDURES.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1414 - ELECTION BY ZONES — EXCEPTION FOR CERTAIN POLITICAL SUBDIVISIONS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 14 - UNIFORM DISTRICT ELECTION LAW › Section 34-1415 - ELECTION ZONES, DISTRICTS, AND SUBDISTRICTS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 15 - PRESIDENTIAL ELECTORS › Section 34-1501 - CERTIFICATES OF ELECTION.

34-1501. CERTIFICATES OF ELECTION. The secretary of state shall prepare lists of the names of the electors of president and vice-president of the United States, elected at any election, procure thereto the signature of the governor, affix the seal of the state to the same, and deliver one (1) of such certificates thus signed to each of said electors on or before the second Wednesday in December next after such election.
History:
[(34-1501) 1890-1891, p. 57, sec. 110; reen. 1899, p. 33, sec. 101; reen. R.C. & C.L., sec. 459; C.S., sec. 643; I.C.A., sec. 33-1401.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 15 - PRESIDENTIAL ELECTORS › Section 34-1502 - ELECTION FOR PRESIDENTIAL ELECTORS.

34-1502. ELECTION FOR PRESIDENTIAL ELECTORS. There shall be an election held in this state for the election of such electors, at the times appointed by any law of the Congress or the Constitution of the United States for such election, and when such election shall be special, the same shall be called and held, and the votes polled and canvassed, in all respects as at a general election, and the duties of the electors so elected shall be the same as prescribed by law for electors elected at a general election.
History:
[(34-1502) 1890-1891, p. 57, latter part of sec. 115; reen. 1899, p. 33, sec. 102; am. R.C. & C.L., sec. 460; C.S., sec. 644; I.C.A., sec. 33-1402.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 15 - PRESIDENTIAL ELECTORS › Section 34-1503 - MEETING OF ELECTORS.

34-1503. MEETING OF ELECTORS. The electors chosen to elect a president and vice-president of the United States shall, at twelve (12) o’clock noon on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this state, and then and there perform the duties enjoined upon them by the Constitution and laws of the United States.
History:
[(34-1503) 1890-1891, p. 57, sec. 111; reen. 1899, p. 66, sec. 1; am. R.C. & C.L., sec. 461; C.S., sec. 645; I.C.A., sec. 33-1403.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 15 - PRESIDENTIAL ELECTORS › Section 34-1504 - NOTICE TO GOVERNOR — VACANCIES, HOW FILLED.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 15 - PRESIDENTIAL ELECTORS › Section 34-1505 - FILLING VACANCIES — TIE VOTE.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 15 - PRESIDENTIAL ELECTORS › Section 34-1506 - NOTIFICATION OF ELECTION TO FILL VACANCY.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 15 - PRESIDENTIAL ELECTORS › Section 34-1507 - COMPENSATION AND MILEAGE OF ELECTORS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 17 - RECALL ELECTIONS › Section 34-1701 - OFFICERS SUBJECT TO RECALL.

34-1701. OFFICERS SUBJECT TO RECALL. The following public officers, whether holding their elective office by election or appointment, and none other, are subject to recall:
(1) State officers:
(a) The governor, lieutenant-governor, secretary of state, state controller, state treasurer, attorney general, and superintendent of public instruction;
(b) Members of the state senate, and members of the state house of representatives.
(2) County officers:
(a) The members of the board of county commissioners, sheriff, treasurer, assessor, prosecuting attorney, clerk of the district court, and coroner.
(3) City officers:
(a) The mayor;
(b) Members of the city council.
(4) Special district elected officers for whom recall procedure is not otherwise provided by law.
History:
[I.C., sec. 34-1701, as added by 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 1, p. 302; am. 1994, ch. 181, sec. 3, p. 577; am. 1995, ch. 266, sec. 1, p. 849.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 17 - RECALL ELECTIONS › Section 34-1704 - PRINTING OF PETITION AND SHEETS FOR SIGNATURES — TIME LIMITS FOR PERFECTING PETITION.

34-1704. PRINTING OF PETITION AND SHEETS FOR SIGNATURES — TIME LIMITS FOR PERFECTING PETITION. (1) Before or at the time of beginning to circulate any petition for the recall of any officer subject to recall, the person or persons or organization or organizations under whose authority the recall petition is to be circulated shall send or deliver to the secretary of state or county clerk, as the case may be, a copy of a prospective petition duly signed by at least twenty (20) electors eligible to sign such petition. The receiving officer shall immediately examine the petition and specify the form and kind and size of paper on which the petition shall be printed and circulated for further signatures. All petitions and signature sheets for recall shall be printed on a good quality bond paper of standardized size in substantial conformance within the provisions of section 34-1703, Idaho Code. To every sheet of petitioners’ signatures shall be attached a full and correct copy of the recall petition.
(2) The secretary of state or county clerk, as the case may be, shall indicate in writing on the prospective recall petition that he has approved it as to form and the date of such approval. Upon approval as to form, the secretary of state or county clerk shall inform the person or persons or organization or organizations under whose authority the recall petition is to be circulated, in writing, that the petition must be perfected with the required number of signatures within seventy-five (75) days following the date of approval as to form. Signatures on the prospective petition shall not be counted toward the required number of signatures. Any petition that does not contain the required number of signatures within the seventy-five (75) days allowed shall be declared null and void ab initio in its entirety.
History:
[34-1704, added 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 2, p. 302; am. 2004, ch. 164, sec. 1, p. 533; am. 2013, ch. 135, sec. 6, p. 313; am. 2021, ch. 325, sec. 6, p. 996.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 17 - RECALL ELECTIONS › Section 34-1705 - VERIFICATION ON SHEETS FOR SIGNATURES.

34-1705. VERIFICATION ON SHEETS FOR SIGNATURES. Each and every signature sheet of each petition containing signatures shall be verified on the face thereof in substantially the following form by the person who circulated said sheet of the petition, by his or her affidavit thereon, as a part thereof:
State of Idaho
ss.
County of
I, …., swear, under penalty of perjury, that I am a resident of the State of Idaho and at least eighteen (18) years of age; and that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence. I believe that each has stated his or her name and the accompanying required information on the signature sheet correctly, and that the person was eligible to sign this petition.
Subscribed and sworn to before me this …. day of …., …..
(Notary Seal)
History:
[34-1705, as added by 1972, ch. 283, sec. 3, p. 703; am. 2004, ch. 164, sec. 2, p. 534.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 17 - RECALL ELECTIONS › Section 34-1706 - EXAMINATION AND CERTIFICATION OF SIGNATURES.

34-1706. EXAMINATION AND CERTIFICATION OF SIGNATURES. All petitions with attached signature sheets shall be filed on the same day with the secretary of state or county clerk, as the case may be. The secretary of state shall promptly transmit the petitions and attached signature sheets to the appropriate county clerks. An examination to verify whether or not the petition signers are qualified electors shall be conducted by the county clerk and a certificate shall be attached to the signature sheets as provided in section 34-1807, Idaho Code. This examination shall not exceed fifteen (15) business days from the date of receipt of the petitions.
History:
[34-1706, added 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 3, p. 302; am. 1995, ch. 266, sec. 4, p. 852; am. 2004, ch. 164, sec. 3, p. 535; am. 2013, ch. 135, sec. 7, p. 313; am. 2021, ch. 325, sec. 7, p. 996.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 17 - RECALL ELECTIONS › Section 34-1708 - FORM OF RECALL BALLOT.

34-1708. FORM OF RECALL BALLOT. The ballot at any recall election shall be headed "RECALL BALLOT" and on the ballot shall be printed in not more than two hundred (200) words the reason for demanding the recall of the officer named in the recall petition, and in not more than two hundred (200) words the officer’s justification of his course in office. Then the question of whether the officer should be recalled shall be placed on the ballot in a form substantially similar to the following:
□ FOR recalling ….. who holds office of ….
□ AGAINST recalling ….. who holds office of ….
History:
[I.C., sec. 34-1708, as added by 1972, ch. 283, sec. 3, p. 703; am. 1989, ch. 344, sec. 3, p. 871.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 17 - RECALL ELECTIONS › Section 34-1709 - OFFICER TO CONTINUE IN OFFICE.

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.]