reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2001A - BOND ELECTION AND LEVY CONTESTS — TIME FOR FILING — VALIDATION OF ELECTIONS AND BONDS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2002 - TERM INCUMBENT DEFINED.

34-2002. TERM INCUMBENT DEFINED. The term "incumbent" in this chapter means the person whom the canvassers declare elected.
History:
[(34-2002) 1890-1891, p. 57, sec. 133; reen. 1899, p. 33, sec. 120; reen. R.C. & C.L., sec. 5027; C.S., sec. 7275; I.C.A., sec. 33-1702.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2003 - MISCONDUCT OF JUDGES.

34-2003. MISCONDUCT OF JUDGES. When the misconduct complained of is on the part of the judges of election, it shall not be held sufficient to set aside the election, unless the vote of the precinct, township or ward would change the result as to that office.
History:
[(34-2003) 1890-1891, p. 57, sec. 134; reen. 1899, p. 33, sec. 121; reen. R.C. & C.L., sec. 5028; C.S., sec. 7276; I.C.A., sec. 33-1703.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2004 - JURISDICTION — CONTESTS OVER JUDICIAL OFFICES.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2005 - JURISDICTION — REMOVAL OF COUNTY SEATS AND SPECIAL QUESTIONS.

34-2005. JURISDICTION — REMOVAL OF COUNTY SEATS AND SPECIAL QUESTIONS. The district courts of the respective counties shall hear and determine contests of election in regard to the removal of county seats, and in regard to any other subject which may by law be submitted to the vote of the people of the county, and the proceedings therein shall be conducted as near as may be hereinafter provided for contesting the election of county officers.
History:
[(34-2005) 1890-1891, p. 57, sec. 138; reen. 1899, p. 33, sec. 125; reen. R.C. & C.L., sec. 5030; C.S., sec. 7278; I.C.A., sec. 33-1705.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2006 - JURISDICTION — COUNTY AND PRECINCT OFFICERS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2007 - WHO MAY CONTEST ELECTIONS.

34-2007. WHO MAY CONTEST ELECTIONS. The election of any person declared elected to any office, other than executive state officers and members of the legislature, may be contested by any elector of the state, judicial district, county, township, precinct, city or incorporated village in and for which the person is declared elected.
History:
[(34-2007) 1890-1891, p. 57, sec. 148; reen. 1899, p. 33, sec. 135; reen. R.C. & C.L., sec. 5032; C.S., sec. 7280; I.C.A., sec. 33-1707.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2008 - COMPLAINT AND SECURITY FOR COSTS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2009 - COMPLAINT — SPECIFIC ALLEGATIONS.

34-2009. COMPLAINT — SPECIFIC ALLEGATIONS. When the reception of illegal or the rejection of legal votes is alleged as a cause of contest, the names of the persons who so voted, or whose votes were rejected, if known, with the precinct, township or ward where they voted or offered to vote, shall be set forth in the complaint.
History:
[(34-2009) 1890-1891, p. 57, sec. 150; reen. 1899, p. 33, sec. 137; reen. R.C. & C.L., sec. 5034; C.S., sec. 7282; I.C.A., sec. 33-1709.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2010 - ISSUANCE OF SUMMONS.

34-2010. ISSUANCE OF SUMMONS. Upon the filing of such complaint summons shall issue against the person whose office is contested, as prescribed in the Idaho Rules of Civil Procedure.
History:
[(34-2010) 1890-1891, p. 57, sec. 151; reen. 1899, p. 33, sec. 138; reen. R.C. & C.L., sec. 5035; C.S., sec. 7283; I.C.A., sec. 33-1710; am. 1982, ch. 209, sec. 3, p. 574.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2011 - TIME FOR TRIAL.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2012 - POSTPONEMENT OF TRIAL.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2013 - PROCEDURE IN GENERAL.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2014 - TESTIMONY — SUBPOENA FOR WITNESSES.

34-2014. TESTIMONY — SUBPOENA FOR WITNESSES. The testimony may be oral, or by depositions taken pursuant to the Idaho Rules of Civil Procedure. Subpoenas for witnesses may be issued pursuant to the Idaho Rules of Civil Procedure.
History:
[(34-2014) 1890-1891, p. 57, sec. 155; reen. 1899, p. 33, sec. 142; reen. R.C. & C.L., sec. 5039; C.S., sec. 7287; I.C.A., sec. 33-1714; am. 1982, ch. 209, sec. 5, p. 574.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2015 - AMENDMENTS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2016 - FORM AND SERVICE OF PROCESS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2017 - VOTERS TO TESTIFY AS TO QUALIFICATIONS.

34-2017. VOTERS TO TESTIFY AS TO QUALIFICATIONS. (a) The court may require any person called as a witness, who voted at such election, to answer touching his qualifications as a voter; and if he was not a qualified voter in the county where he voted, then to answer for whom he voted; and if the witness answer such questions no part of his testimony on that trial shall be used against him in any criminal action.
(b) No testimony shall be received as to any illegal votes unless the party contesting the election delivers to the opposing party at least three (3) days before trial, a written list of the number of illegal votes and by whom given, which he intends to prove on such trial. No testimony shall be received as to any illegal votes, except as to such as are specified in this list.
History:
[(34-2017) 1890-1891, p. 57, sec. 158; reen. 1899, p. 33, sec. 145; reen. R.C. & C.L., sec. 5042; C.S., sec. 7290; I.C.A., sec. 33-1717; am. 1982, ch. 209, sec. 6, p. 575.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2018 - INSPECTION OF BALLOTS AND POLL BOOKS.

34-2018. INSPECTION OF BALLOTS AND POLL BOOKS. If an inspection of the ballots or poll books of any election district in this state shall become necessary for the determination of any election contest before any court, the presiding judge thereof may, by order naming the district or districts, require the proper officer to procure the same from the county auditor, or other person in whose possession or custody the same may be, and such clerk or person shall deliver the same to said officer, who shall deliver them unopened to such presiding judge.
History:
[(34-2018) 1890-1891, p. 57, sec. 159; reen. 1899, p. 33, sec. 146; reen. R.C. & C.L., sec. 5043; C.S., sec. 7291; I.C.A., sec. 33-1718.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2019 - BALLOTS AND POLL BOOKS — RETURN TO COUNTY AUDITOR.

34-2019. BALLOTS AND POLL BOOKS — RETURN TO COUNTY AUDITOR. The presiding officer shall open and inspect the same in open court, in the presence of the parties or their attorneys, and immediately after such inspection shall again seal them in an envelope and return them, by mail or otherwise, to the office of the county auditor in which they were at first required to be filed.
History:
[(34-2019) 1890-1891, p. 57, sec. 160; reen. 1899, p. 33, sec. 147; reen. R.C. & C.L., sec. 5044; C.S., sec. 7292; I.C.A., sec. 33-1719.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2020 - LIABILITY FOR COSTS.

34-2020. LIABILITY FOR COSTS. (a) The contestant and the incumbent are liable to the officers and witnesses for the costs made by them respectively. But if the election be confirmed, or the complaint be dismissed, or the prosecution fail, judgment shall be rendered against the contestant for costs, and if the judgment be against the incumbent, or the election be set aside, it shall be against him for costs.
(b) If the election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the returns, the contest costs shall be a charge against the county or political subdivision where the election was held.
History:
[(34-2020) 1890-1891, p. 57, sec. 161; reen. 1899, p. 33, sec. 148; reen. R.C. & C.L., sec. 5045; C.S., sec. 7293; I.C.A., sec. 33-1720; am. 1982, ch. 209, sec. 7, p. 575.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2021 - FORM OF JUDGMENT.

34-2021. FORM OF JUDGMENT. The judgment of the court in cases of contested election shall confirm or annul the election according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected or, in the alternative, order the office to be filled according to chapter 9, title 59, Idaho Code, or order a new election to be held at a time and place as determined by the court.
History:
[(34-2021) 1890-1891, p. 57, sec. 162; reen. 1899, p. 33, sec. 149; reen. R.C. & C.L., sec. 5046; C.S., sec. 7294; I.C.A., sec. 33-1721; am. 1982, ch. 209, sec. 8, p. 575.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2022 - DETERMINATION OF TIE VOTE.

34-2022. DETERMINATION OF TIE VOTE. If it appears that two (2) or more persons have–or would have had if the legal ballots cast or intended to be cast for them had been counted–the highest and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the court shall by written order direct, which of them shall be declared duly elected, and the judgment shall be entered accordingly.
History:
[(34-2022) 1890-1891, p. 57, sec. 163; reen. 1899, p. 33, sec. 150; reen. R.C. & C.L., sec. 5047; C.S., sec. 7295; I.C.A., sec. 33-1722.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2023 - ORDER FOR POSSESSION.

34-2023. ORDER FOR POSSESSION. When either the contestant or incumbent shall be in possession of the office by holding over, or otherwise, the court shall, if the judgment be against the party so in possession of the office and in favor of his antagonist, issue an order to carry into effect the judgment of the court, which order shall be under the seal of the court, and shall command the sheriff of the county to put the successful party into possession of the office without delay, and to deliver to him all books and papers belonging to the same; and the sheriff shall execute such order as other writs.
History:
[(34-2023) 1890-1891, p. 57, sec. 164; reen. 1899, p. 33, sec. 151; reen. R.C. & C.L., sec. 5048; C.S., sec. 7296; I.C.A., sec. 33-1723.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2024 - ELECTION DECLARED VOID.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2025 - APPEAL AND SUPERSEDEAS.

34-2025. APPEAL AND SUPERSEDEAS. (a) The party against whom judgment is rendered in cases tried in the district court may appeal to the Supreme Court, and if the appellant be in possession of the office, such appeal shall not supersede the execution of the judgment of the court, as provided in the preceding section, unless he give a bond with security, to be approved by the court, in a sum to be fixed by the court, and which shall be at least double the probable compensation of such officer for six (6) months, which bond shall be conditioned that he will prosecute his appeal without delay, and that if the judgment appealed from be affirmed he will pay over to the successful party all compensation received by him while in possession of said office after the judgment appealed from was rendered, and such bond shall contain the express consent that judgment may be rendered against the sureties on the appeal as provided in the following section.
(b) All appeals to the Supreme Court shall be brought within ten (10) days of the judgment by the district court.
History:
[(34-2025) 1890-1891, p. 57, sec. 166; reen. 1899, p. 33, sec. 153; reen. R.C. & C.L., sec. 5050; C.S., sec. 7298; I.C.A., sec. 33-1725; am. 1982, ch. 209, sec. 9, p. 576.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2026 - JUDGMENT OF AFFIRMANCE.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2027 - COST OF BOND ON APPEAL.

34-2027. COST OF BOND ON APPEAL. If upon appeal the appellant shall not be in possession of the office, he shall give bond, with security to be approved by the court where the judgment is rendered, conditioned to pay all costs that may be adjudged against him upon such appeal.
History:
[(34-2027) 1890-1891, p. 57, sec. 168; reen. 1899, p. 33, sec. 155; reen. R.C. & C.L., sec. 5052; C.S., sec. 7300; I.C.A., sec. 33-1727.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2028 - CONTEST OF NOMINATION AT PRIMARIES.

34-2028. CONTEST OF NOMINATION AT PRIMARIES. A candidate at a primary election may contest the nomination of any candidate for the same office based upon the grounds as set out in this chapter.
History:
[34-2028, added 1982, ch. 209, sec. 10, p. 576.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2029 - JURISDICTION OVER PRIMARY CONTEST.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2030 - FILING OF AFFIDAVIT.

34-2030. FILING OF AFFIDAVIT. A candidate wishing to contest a primary election shall file an affidavit with the appropriate court within five (5) days of the completion of the canvass of the election. The affidavit shall set forth information as required in section 34-2008, Idaho Code. The affidavit shall be served on all necessary parties in the same manner as a complaint and summons are served pursuant to the Idaho Rules of Civil Procedure.
History:
[34-2030, added 1982, ch. 209, sec. 12, p. 576.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2031 - SECURITY FOR COSTS.

34-2031. SECURITY FOR COSTS. Upon filing of the affidavit the contestant shall file with the court a bond, in the amount of five hundred dollars ($500), to be used to pay costs of the contestee in the event the primary election be confirmed or the prosecution fail.
History:
[34-2031, added 1982, ch. 209, sec. 13, p. 577.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2032 - FRAUD OR ERROR BY THE ELECTION OFFICIAL.

34-2032. FRAUD OR ERROR BY THE ELECTION OFFICIAL. If the primary election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the election returns, the contest costs shall be a charge against the county or city where the election was held.
History:
[34-2032, added 1982, ch. 209, sec. 14, p. 577.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2033 - DISCOVERY.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2034 - REMEDIES.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2035 - APPEALS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES › Section 34-2036 - COST ON APPEAL.

34-2036. COST ON APPEAL. The appellant shall file a bond sufficient to cover the cost of appeal of a primary contest. Costs shall be awarded to the prevailing party on appeal. The amount of the bond on appeal shall be set by the court.
History:
[34-2036, added 1982, ch. 209, sec. 18, p. 578.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2101 - SHORT TITLE — INTENT.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2102 - DEFINITIONS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2103 - JURISDICTION — CONTESTS OVER LEGISLATIVE OFFICES — CONTESTS OVER EXECUTIVE OFFICES.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2104 - GROUNDS OF CONTEST.

34-2104. GROUNDS OF CONTEST. The election of any person to any legislative or state executive office may be contested:
(1) For misconduct, fraud or corruption as provided in section 34-2107, Idaho Code, on the part of one (1) or more judges of election in any precinct or township, or on the part of one (1) or more members of any board of canvassers sufficient to change the result;
(2) When, in an election contest regarding a legislative seat, the contestee was not eligible for the office at the time of the election as provided in section 34-614, Idaho Code;
(3) When, in an election contest regarding an executive office, the contestee was not eligible for the office at the time of the election as provided in chapter 6 of this title;
(4) When the contestee has been convicted of one (1) or more felonies, unless at the time of the election his civil rights have been restored;
(5) When the contestee has been charged with giving or offering to any elector, clerk, or canvasser of the election, or to any judge as provided in section 34-2107, Idaho Code, any bribe or reward in money or property, for the purpose of procuring his election;
(6) When the contestee has been charged with violating one (1) or more of the provisions found in sections 18-2301 through 18-2313, Idaho Code;
(7) When illegal votes have been received or legal votes rejected at the polls sufficient to change the result;
(8) For any error in any board of canvassers in counting votes or in declaring the result of the election, if the error would change the result;
(9) When the contestee holds the office of the state treasurer or the state controller as provided in section 1, article IV, of the constitution of the state of Idaho, and is in default as a collector and custodian of public money or property;
(10) For any other cause or allegation which, if sustained, would show that a person other than the contestee was the person duly elected to the office in question.
History:
[34-2104, added 2017, ch. 293, sec. 2, p. 768.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2105 - LEGISLATIVE RULES.

34-2105. LEGISLATIVE RULES. In addition to the provisions of this chapter, the legislature may provide:
(1) Senate rules regarding senate election contests.
(2) House of representatives rules regarding house of representatives election contests.
(3) Joint rules regarding executive department election contests.
In the event the provisions of this chapter are inconsistent with legislative rules, the legislative rules control.
History:
[34-2105, added 2017, ch. 293, sec. 2, p. 769.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2106 - CONTEST FOR LEGISLATIVE OFFICES — EXCEPTION REGARDING PRESIDING OFFICERS.

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.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2107 - MISCONDUCT OF ELECTION JUDGES — WHEN SUFFICIENT TO SET ASIDE AN ELECTION.

34-2107. MISCONDUCT OF ELECTION JUDGES — WHEN SUFFICIENT TO SET ASIDE AN ELECTION. Misconduct on the part of the judges of election is sufficient to set aside the election if the misconduct would change the result regarding that office.
History:
[34-2107, added 2017, ch. 293, sec. 2, p. 769.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2109 - SUMMARY DISMISSAL.

34-2109. SUMMARY DISMISSAL. (1) If the notice of contest fails to recite any grounds required by section 34-2104, Idaho Code, or fails to identify anticipated discovery as provided in section 34-2108, Idaho Code, or the contestor fails to timely post bond as provided in section 34-2118, Idaho Code, or the contestor otherwise fails to comply with the provisions of this chapter in a material way, the notice of contest may be stayed or dismissed as provided in subsections (3) and (4) of this section.
(2) Failure to advance contest. If the contestor fails to advance the contest due to death, incapacity, failure to comply with orders of the presiding officer, relocation out of the contested legislative district, or failure to advance the contest, then the presiding officer may enter a written order staying the proceedings. The provisions of subsections (3) and (4) of this section will then apply.
(3) Stay of proceedings. The presiding officer may enter a written order staying the proceedings if any of the instances provided in subsection (1) or (2) of this section apply. Upon issuance of the order, discovery in the contest must cease. The order must state the basis for the stay.
(4) Ratification or rejection. On or after the second day of the next regular session of the legislature, the body must either accept or reject the presiding officer’s stay.
(a) A vote by the body to accept the order constitutes a dismissal of the contest.
(b) A vote by the body to reject the order constitutes a reversal of the order. Following the rejection of the order, the presiding officer or his designee must issue an order to the parties providing a schedule for reasonable discovery and hearing. The order must provide reasonable time for the parties to develop their record, not to exceed twenty (20) days. The order must define how and when the record must be completed and delivered to the office of the secretary of state and when the secretary of state will deliver the contest papers to the appropriate body.
History:
[34-2109, added 2017, ch. 293, sec. 2, p. 770.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2110 - EXAMINATION OF WITNESSES — SUBPOENAS.

34-2110. EXAMINATION OF WITNESSES — SUBPOENAS. Unless otherwise provided for in legislative rule, the following provisions apply:
(1) Examination of witnesses. Unless otherwise ordered by the presiding officer or his designee, any party may take the testimony of any person by deposition upon oral examination pursuant to the provisions of the Idaho rules of civil procedure. Depositions must be transcribed in writing. Any other form of deposition must be approved by the presiding officer or his designee. All testimony and discovery must be completed on or before December 29 following the election. The completed record must be delivered to the office of the secretary of state no later than the close of business on the next business day following December 29.
(2) (a) Subpoenas and subpoenas duces tecum. An election contest held pursuant to the provisions of this chapter is not a judicial proceeding. The principles of rule 45 of the Idaho rules of civil procedure, however, must be used as a framework for the form, content, issuance and service of subpoenas. Every subpoena and subpoena duces tecum must reasonably approximate the form found in appendix B of the Idaho rules of civil procedure.
(b) Unless prevented by sickness or unavoidable necessity, any person who has been summoned in the manner provided for in this section and refuses or neglects to attend and testify:
(i) Forfeits the sum of twenty dollars ($20.00), to be recovered by the party at whose instance the subpoena was issued; and
(ii) Is guilty of a misdemeanor.
(c) Every witness who provides testimony pursuant to a subpoena provided for in this chapter is entitled to receive the witness fees as allowed under the Idaho rules of civil procedure.
History:
[34-2110, added 2017, ch. 293, sec. 2, p. 770.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2111 - TESTIMONY — HOW TAKEN, CERTIFIED AND PRESERVED.

34-2111. TESTIMONY — HOW TAKEN, CERTIFIED AND PRESERVED. The testimony by deposition upon oral examination must be taken and preserved pursuant to the provisions of the Idaho rules of civil procedure. The deposition record must be entitled: "Deposition taken in the matter of the contest of the election of [INSERT NAME OF CONTESTEE HERE] to the office of….," and be directed to the secretary of state, who must preserve the same, until the meeting of the legislature. Any testimony taken pursuant to this section must be filed with the secretary of state. Upon request of a presiding officer, the secretary of state must provide copies of depositions to the requesting presiding officer in a timely manner, prior to the time established in section 34-2114, Idaho Code.
History:
[34-2111, added 2017, ch. 293, sec. 2, p. 771.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2112 - PRODUCTION OF PAPERS — REFUSAL OR NEGLECT TO PRODUCE A MISDEMEANOR.

34-2112. PRODUCTION OF PAPERS — REFUSAL OR NEGLECT TO PRODUCE A MISDEMEANOR. The presiding officer has power to require the production of papers. Any person who refuses or neglects to produce and deliver any paper or papers in his possession pertaining to the election or, in case they be official papers, refuses or neglects to produce and deliver certified or sworn copies of the same shall be guilty of a misdemeanor.
History:
[34-2112, added 2017, ch. 293, sec. 2, p. 771.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2113 - EXAMINATION OF POLL BOOKS AND BALLOTS.

34-2113. EXAMINATION OF POLL BOOKS AND BALLOTS. (1) Except as provided in subsection (2) of this section, if, at the time of taking depositions to be used in a contested election, the notice of contest alleges that it is necessary for the determination of the contest that the ballots or the poll books of any election district or districts should be inspected, then, on the request of either party to the contest, the presiding officer may issue an order requiring the county auditor, or other person in whose custody or possession the ballots or poll books may be, naming the district or districts mentioned in the notice, to deliver them to the person or persons issuing the order. The officer or officers must transmit the ballots or poll books to the secretary of state, who must preserve the same unopened until the meeting of the legislature.
(2) Any order issued pursuant to subsection (1) of this section must not be executed until after the time has lapsed for the filing of:
(a) An election contest provided for in chapter 20 of this title; or
(b) A recount filed as provided for in chapter 23 of this title.
(c)(i) If more than one (1) election contest is filed pursuant to chapter 20 or 21 of this title that implicate the same ballots or poll books, or part of the same ballots or poll books, the office of the secretary of state and the appropriate county auditor, or other person in whose custody or possession the ballots or poll books may be, must agree to a process for the examination of ballots or poll books that reasonably accommodates each contest filed.
(ii) If one (1) or more election contests are filed pursuant to chapter 20 or 21 of this title and one (1) or more recounts of ballots are filed pursuant to chapter 23 of this title, and if the election contests and the recounts of ballots implicate the same ballots or poll books, or part of the same ballots or poll books, the office of the secretary of state, the office of the attorney general and the appropriate county auditor or other person in whose custody or possession the ballots or poll books may be must agree to a process for the examination of ballots or poll books that reasonably accommodates each contest filed and each recount of ballots filed.
History:
[34-2113, added 2017, ch. 293, sec. 2, p. 771.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2114 - CONTEST PAPERS DELIVERED TO PRESIDING OFFICERS.

34-2114. CONTEST PAPERS DELIVERED TO PRESIDING OFFICERS. (1) Senate election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the presiding officer of the senate all papers regarding a contested election of any member of the senate.
(2) House of representatives election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the presiding officer of the house of representatives all papers regarding a contested election of any member of the house of representatives.
(3) Executive department election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the speaker of the house of representatives all papers regarding a contest of elections of executive officers. The senate president pro tempore, or his designee, must attend the house of representatives during its receipt of the contest papers.
History:
[34-2114, added 2017, ch. 293, sec. 2, p. 772.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2115 - NOTICE OF RECEIVING PAPERS.

34-2115. NOTICE OF RECEIVING PAPERS. (1) Senate election contest. On the day of the receipt by the presiding officer of the senate, or his designee, of papers relating to contested elections, the presiding officer, in the appropriate order of business, must give notice to the senate of receipt of the papers.
(2) House of representatives election contest. On the day of the receipt by the presiding officer of the house of representatives, or his designee, of papers relating to contested elections, the presiding officer, in the appropriate order of business, must give notice to the house of representatives of receipt of the papers.
(3) State Executive Department Election Contest. Where the papers relate to the contest of a state executive officer, the house of representatives must notify the senate, and the day must be fixed by both houses, by concurrent resolution, for uniting the two (2) bodies to decide upon the same, in which decision the yeas and nays must be taken and entered upon the journal. A joint committee may be appointed by the presiding officers, or designees, of the two (2) bodies to produce a committee report on the election contest.
History:
[34-2115, added 2017, ch. 293, sec. 2, p. 772.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2116 - OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE.

34-2116. OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE. (1) Unless otherwise provided by legislative rule, the papers relating to any contest of election must be opened only in the presence of the body as directed by the presiding officer. Except as provided in subsection (2) of this section or unless otherwise provided for by legislative rule, the papers must remain in the custody of the presiding officer or his designee until the election contest is decided. Upon a final decision by the body, the provisions of section 34-2117, Idaho Code, governing preservation of evidence will apply.
(2) Appointment of committee. The presiding officer may appoint a standing or special committee to hear the contest of election.
(a) The chairman of the committee will act as the temporary custodian of the papers. The presiding officer, or his designee, has discretion to deliver to the committee chairman all papers delivered to the presiding officer by the secretary of state or a portion of those papers. The committee chairman, or his designee, is authorized to efficiently manage or organize the papers.
(b) Upon conclusion of hearing the contest, the committee will report to the body its recommendation on the contest. The body must vote on the committee report. Upon the body’s vote on the report, the committee chairman must return the papers to the presiding officer, who will preserve the evidence as provided in section 34-2117, Idaho Code.
History:
[34-2116, added 2017, ch. 293, sec. 2, p. 772.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2117 - PRESERVATION OF EVIDENCE.

34-2117. PRESERVATION OF EVIDENCE. (1) Except as provided for in subsection (2) of this section, all the evidence in any contest provided for in this chapter will be returned by the presiding officer, or his designee, to the secretary of state and will be preserved in the office of the secretary of state.
(2) Any ballots or poll books, other than copies, will be returned by the presiding officer to the secretary of state, who will return them to the office of the county auditor in which they were first required to be filed.
History:
[34-2117, added 2017, ch. 293, sec. 2, p. 773.]