reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-113 - “CANDIDATE” DEFINED.

34-113. "CANDIDATE" DEFINED. "Candidate" means and includes every person for whom it is contemplated or desired that votes be cast at any political convention, primary, general or special election, and who either tacitly or expressly consents to be so considered, except candidates for president and vice-president of the United States.
History:
[34-113, added 1970, ch. 140, sec. 13, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-114 - “TALLY BOOK” OR “TALLY LIST” DEFINED.

34-114. "TALLY BOOK" OR "TALLY LIST" DEFINED. "Tally book" or "tally list" means the forms in which the votes cast for any candidate or special question are counted and totaled at the polling precinct.
History:
[34-114, added 1970, ch. 140, sec. 14, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-115 - REFERENCES TO MALE INCLUDE FEMALE AND MASCULINE INCLUDES FEMININE.

34-115. REFERENCES TO MALE INCLUDE FEMALE AND MASCULINE INCLUDES FEMININE. All references to the male elector includes [include] the female elector and the masculine pronoun includes the feminine.
History:
[34-115, added 1970, ch. 140, sec. 15, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-116 - CALENDAR DAYS USED IN COMPUTATION OF TIME.

34-116. CALENDAR DAYS USED IN COMPUTATION OF TIME. Calendar days shall be used in all computations of time made under the provisions of this act. In computing time for any act to be done before any election, the first day shall be included and the last, or election day, shall be excluded. Sundays, Saturdays and legal holidays shall be included, but if the time for any act to be done shall fall on Sunday, Saturday or a legal holiday, such act shall be done upon the day following such Sunday, Saturday or legal holiday.
History:
[34-116, added 1970, ch. 140, sec. 16, p. 351; am. 1995, ch. 215, sec. 1, p. 748.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-117 - “JUDICIAL NOMINATING ELECTION” DEFINED.

34-117. "JUDICIAL NOMINATING ELECTION" DEFINED. "Judicial nominating election" means an election held for the purpose of selecting justices of the supreme court and judges of the district court as are by law to be selected at such election. This election shall be held on the date of the statewide primary election.
History:
[I.C., sec. 34-117, as added by 1971, ch. 194, sec. 9, p. 881.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-201 - SECRETARY OF STATE CHIEF ELECTION OFFICER.

34-201. SECRETARY OF STATE CHIEF ELECTION OFFICER. The secretary of state is the chief election officer of this state, and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws.
The secretary of state is responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed service voters and overseas voters with respect to elections for federal office as required by section 102 of the uniformed and overseas citizens absentee voting act (42 U.S.C. section 1973 et seq.).
If a national or local emergency or other situation arises which makes substantial compliance with the provisions of the uniformed and overseas citizens absentee voting act impossible or unreasonable, such as a natural disaster or an armed conflict involving United States armed forces, mobilization of those forces, including state national guard and reserve components of this state, the secretary of state may prescribe, by directive, such special procedures or requirements as may be necessary to facilitate absentee voting by those citizens directly affected who otherwise are eligible to vote in this state.
History:
[34-201, added 1970, ch. 140, sec. 17, p. 351; am. 2003, ch. 48, sec. 1, p. 181.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-202 - SECRETARY OF STATE TO DISTRIBUTE COMPREHENSIVE DIRECTIVES AND INSTRUCTIONS RELATING TO ELECTION LAWS TO ALL COUNTY CLERKS.

34-202. SECRETARY OF STATE TO DISTRIBUTE COMPREHENSIVE DIRECTIVES AND INSTRUCTIONS RELATING TO ELECTION LAWS TO ALL COUNTY CLERKS. In carrying out his responsibility under section 34-201, Idaho Code, the secretary of state shall cause to be prepared and distributed to each county clerk detailed and comprehensive written directives and instructions relating to and based upon the election laws as they apply to elections, registration of electors and voting procedures which by law are under the direction and control of the county clerk. Such directives and instructions shall include sample forms of ballots, papers, documents, records and other materials and supplies required by such election laws. The secretary of state shall develop and provide to each county clerk instructions and standards for the verification, acceptance, and rejection of elector signatures for any process requiring signature verification. The secretary of state shall prescribe a form for voter registration cards based on the voter registration laws and, from time to time, shall cause to be prepared and distributed to each county clerk such written corrections of such directives and instructions and of the form for registration cards as are necessary to maintain uniformity in the application, operation and interpretation of and to reflect changes in the election laws. Each county clerk affected thereby shall comply with such directives and instruction, and corrections thereof, and shall provide voter registration cards prepared in accordance with the prescribed form.
History:
[34-202, added 1970, ch. 140, sec. 18, p. 351; am. 2021, ch. 262, sec. 1, p. 807.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-203 - ASSISTANCE AND ADVICE TO COUNTY CLERKS.

34-203. ASSISTANCE AND ADVICE TO COUNTY CLERKS. In carrying out his responsibility under section 17 [34-201], the secretary of state shall assist and advise each county clerk with regard to the application, operation and interpretation of the election laws as they apply to elections, registration of electors and voting procedures which by laws are under the direction and control of the county clerk.
History:
[34-203, added 1970, ch. 140, sec. 19, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-204 - CONFERENCES WITH COUNTY CLERKS ON ADMINISTRATION OF ELECTION LAWS.

34-204. CONFERENCES WITH COUNTY CLERKS ON ADMINISTRATION OF ELECTION LAWS. In carrying out his responsibility under section 34-201, Idaho Code, the secretary of state shall cause to be organized and conducted at convenient places and times in this state at least three (3) conferences on the administration of the election laws. The secretary of state shall cause written notice of the place and time of each conference to be given to each county clerk. Each county clerk or his designated deputy shall attend at least one (1) of the conferences and shall comply with the instructions given under the authority of the secretary of state at each conference such county clerk attends.
History:
[34-204, added 1970, ch. 140, sec. 20, p. 351; am. 2015, ch. 292, sec. 3, p. 1168.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-205 - DUTIES OF SECRETARY OF STATE RELATING TO ELECTION LAWS.

34-205. DUTIES OF SECRETARY OF STATE RELATING TO ELECTION LAWS. The secretary of state shall:
(1) Prepare and cause to be printed, in appropriate and convenient form, periodic compilations and digests of the election laws.
(2) Distribute in appropriate quantities to the county clerks for use by such county clerks and by election boards, copies of such compilations and digests and the sample form of such supplies and materials necessary to conduct elections as the secretary of state considers appropriate, including poll books, tally sheets, return sheets and abstract of vote sheets.
(3) Make such compilations and digests available for distribution, free or at cost, to interested persons.
History:
[34-205, added 1970, ch. 140, sec. 21, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-206 - GENERAL SUPERVISION OF ADMINISTRATION OF ELECTION LAWS BY COUNTY CLERKS.

34-206. GENERAL SUPERVISION OF ADMINISTRATION OF ELECTION LAWS BY COUNTY CLERKS. Subject to and in accordance with the directives and instructions prepared and distributed or given under the authority of the secretary of state, each county clerk shall exercise general supervision of the administration of the election laws by each local election official in his county for the purpose of achieving and maintaining a maximum degree of correctness, impartiality, efficiency and uniformity in such administration by local election officials. Such directives and instructions shall be directed to and shall be complied with by each local election official affected thereby.
History:
[34-206, added 1970, ch. 140, sec. 22, p. 351; am. 1971, ch. 69, sec. 1, p. 155.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-208 - DUTIES OF COUNTY CLERKS RELATING TO SUPERVISION OF ELECTION LAWS.

34-208. DUTIES OF COUNTY CLERKS RELATING TO SUPERVISION OF ELECTION LAWS. In carrying out his exercise of general supervision under section 34-206, each county clerk shall:
(1) Require that each local election official shall use such ballots, papers, documents, records and other materials and supplies as directed by the secretary of state.
(2) Require each local election official in his county to submit reports pertaining to the administration of the election laws by such local election official. Each local election official shall comply with any such requirement.
(3) Inspect and observe the administration of the election laws by any local election official in his county at any time he deems necessary.
(4) Carry on a program of in-service training for local election officials in his county by periodically distributing to them such bulletins, manuals and other informational instructional materials and by establishing and conducting such classes of instruction pertaining to the administration of the election laws by local election officials as the county clerk considers desirable.
History:
[34-208, added 1970, ch. 140, sec. 24, p. 351; am. 1971, ch. 69, sec. 3, p. 155.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-209 - POWERS OF COUNTY CLERKS.

34-209. POWERS OF COUNTY CLERKS. (1) The county clerk may employ such personnel and procure such equipment, supplies, materials, books, papers, records and facilities of every kind as he considers necessary to facilitate and assist in carrying out his functions in connection with administering the election laws; except that procurement of voting machines or vote tally systems shall be conducted in accordance with the provisions of section 34-2405, Idaho Code.
(2) The necessary expenses incurred by the county clerk in administering the election laws, including reasonable rental for polling places, shall be allowed by the board of commissioners and paid out of the county treasury.
(3) The county clerk and his deputies may administer oaths and affirmations in connection with the performance of their functions in administering the election laws.
History:
[34-209, added 1970, ch. 140, sec. 25, p. 351; am. 1972, ch. 131, sec. 1, p. 260.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-210 - PREPARATION OF BALLOTS, PAPERS, DOCUMENTS, RECORDS, AND OTHER MATERIALS AND SUPPLIES REQUIRED.

34-210. PREPARATION OF BALLOTS, PAPERS, DOCUMENTS, RECORDS, AND OTHER MATERIALS AND SUPPLIES REQUIRED. Subject to any applicable election law, the county clerk may devise, prepare and use in his administration of the election laws the ballots, papers, documents, records and other materials and supplies required or permitted by the election laws or otherwise necessary in such administration by such county clerk.
History:
[34-210, added 1970, ch. 140, sec. 26, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-211 - OFFICE OF COUNTY CLERK OPEN AS LONG AS POLLS ARE OPEN.

34-211. OFFICE OF COUNTY CLERK OPEN AS LONG AS POLLS ARE OPEN. On the day of any general, special or primary election held throughout the county, the county clerk shall keep his office open for the transaction of business pertaining to the election from the time the polls are opened in the morning continuously until the polls are closed.
History:
[34-211, added 1970, ch. 140, sec. 27, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-212 - REPORTS TO PROSECUTING ATTORNEY OF NONCOMPLIANCE WITH ELECTION LAWS BY COUNTY CLERK.

34-212. REPORTS TO PROSECUTING ATTORNEY OF NONCOMPLIANCE WITH ELECTION LAWS BY COUNTY CLERK. (1) Any person having knowledge of any failure of a county clerk to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state may notify the prosecuting attorney of the county. Upon receipt of such notification the prosecuting attorney shall proceed immediately to investigate the alleged failure of the county clerk to comply. Upon the conclusion of the investigation the prosecuting attorney shall advise and direct the county clerk with regard to how he must proceed in connection with the matter. The county clerk shall proceed immediately to comply with the directive of the prosecuting attorney.
(2) If the prosecuting attorney, upon the conclusion of an investigation under subsection (1) of this section, determines that the county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, and that such failure to comply involves a violation by the county clerk of any statute, the violation of which is punishable by a criminal penalty or forfeiture of office, the prosecuting attorney shall promptly proceed to prosecute such violation by the county clerk.
(3) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, or who violates any statute.
History:
[34-212, added 1970, ch. 140, sec. 28, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-213 - MANDAMUS TO ENFORCE COMPLIANCE BY COUNTY CLERK.

34-213. MANDAMUS TO ENFORCE COMPLIANCE BY COUNTY CLERK. (1) Whenever it appears to the secretary of state that a county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, the secretary of state may apply to the appropriate district court or a judge thereof for a writ of mandamus to compel the county clerk to comply with such directive or instruction. In any such mandamus proceeding it is a defense that the directive or instruction in question is unlawful.
(2) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state.
History:
[34-213, added 1970, ch. 140, sec. 29, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-214 - NONCOMPLIANCE BY LOCAL COUNTY ELECTION OFFICIALS — ENFORCEMENT BY COUNTY CLERK.

34-214. NONCOMPLIANCE BY LOCAL COUNTY ELECTION OFFICIALS — ENFORCEMENT BY COUNTY CLERK. (1) Whenever it appears to a county clerk that any local election official in his county has failed to comply with any election law or any directive or instruction prepared and issued by the county clerk, the county clerk may issue an order to such local election official. The order shall specify in what manner the local election official has failed to comply, indicate the proper manner of compliance and direct the local election official to so comply with such law or directive or instruction within a designated reasonable time.
(2) If the local election official fails to comply as directed by the order of the county clerk, the county clerk may apply to a judge of the district court for the county in which the county clerk holds office for an order, returnable within five (5) days from the date thereof, to compel the local election official to comply with the order of the county clerk or to show cause why he should not be so compelled. Upon receipt of the application of the county clerk the judge shall issue the appropriate order, which shall be final. The judge shall dispose of the matter as soon as possible and not more than ten (10) days after his order is returned by the local election official.
(3) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against the non-complying local election official.
History:
[34-214, added 1970, ch. 140, sec. 30, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-215 - APPEALS BY AGGRIEVED PERSONS.

34-215. APPEALS BY AGGRIEVED PERSONS. (1) Any person adversely affected by any act or failure to act by the secretary of state or a county clerk under any election law, or by any order, rule, regulation, directive or instruction made under the authority of the secretary of state or of a county clerk under any election law, may appeal therefrom to the district court for the county in which the act or failure to act occurred or in which the order, rule, regulation, directive or instruction was made or in which such person resides.
(2) Any party to the appeal proceedings in the district court under subsection (1) of this section may appeal from the decision of the district court to the supreme court.
(3) The district courts and supreme court, in their discretion, may give such precedence on their dockets to appeals under this section as the circumstances may require.
(4) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against any act or failure to act by the secretary of state or a county clerk under any election law or against any order, rule, regulation, directive or instruction made under the authority of the secretary of state or a county clerk under any election law.
History:
[34-215, added 1970, ch. 140, sec. 31, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-216 - GRIEVANCE PROCEDURES.

34-216. GRIEVANCE PROCEDURES. The secretary of state shall promulgate rules in compliance with chapter 52, title 67, Idaho Code, establishing a state-based administrative complaint procedure as required by the help America vote act (P.L. 107-252).
History:
[34-216, added 2003, ch. 48, sec. 2, p. 182.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-217 - RETENTION OF COUNTY ELECTION RECORDS.

34-217. RETENTION OF COUNTY ELECTION RECORDS. County election records shall be maintained by the county clerk for the time periods outlined in this section. Records shall be maintained for the period specified beginning with the date the record is created or has become no longer valid, whichever is greater.
(1) The following records shall be retained for not less than five (5) years:
(a) Voter registration cards for electors whose registration has been terminated;
(b) Correspondence relating to an elector’s voter registration;
(c) Combination election record and poll book, including the ballot accounting page;
(d) Declaration of candidacy and petition of candidacy forms filed with the county clerk;
(e) Maps of precinct boundaries with legal descriptions;
(f) List of absentee voters; and
(g) County initiatives and petitions that qualify for placement on the ballot.
(2) The following shall be retained for two (2) years:
(a) Completed absentee ballot request forms;
(b) Tally books;
(c) Voted ballots;
(d) Any ballots that were required to be duplicated before being counted;
(e) Certified lists of candidates or declaration of candidacy forms from special districts used for ballot preparation;
(f) Certified ballot language from special districts for any question placed on the ballot; and
(g) Absentee ballot affidavit envelopes, including the indication of the signature’s acceptance or rejection.
(3) The following shall be maintained for one (1) year:
(a) Notice of election;
(b) Personal identification affidavit;
(c) Ballot tracking logs;
(d) Automated tabulation election logs;
(e) Copy of the election definition and program used in tabulating ballots electronically and in the ballot marking device; and
(f) Record of the number of ballots printed and furnished to each polling place.
(4) Other election supplies, including but not limited to unused ballots, official election ballot identification or official ballot stamps, receipts for supplies, and spoiled ballots, may be disposed of sixty (60) days following the deadline for requesting a recount or filing an election contest pursuant to chapters 20 and 21, title 34, Idaho Code.
History:
[34-217, added 2011, ch. 285, sec. 2, p. 779; am. 2012, ch. 211, sec. 2, p. 573; am. 2013, ch. 285, sec. 1, p. 735; am. 2018, ch. 78, sec. 1, p. 177; am. 2021, ch. 262, sec. 2, p. 807.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-218 - ELECTION ADMINISTRATION — PRIVATE MONEYS PROHIBITED.

34-218. ELECTION ADMINISTRATION — PRIVATE MONEYS PROHIBITED. Elections held in this state must be funded only by lawful appropriations from the government of the United States, the state of Idaho, or other local governments, including counties, cities, and special taxing districts. No official or employee of the state of Idaho, county clerk, local elections office, or other local governing body administering or conducting an election may accept or expend moneys in any amount or accept any items or goods with a total value in excess of one hundred dollars ($100) from any private persons, corporations, organizations, business entities, political parties, or any other private entity. This section does not apply to the collection of fees authorized by law or to the donation of a facility or space for the use of election officials in holding an election.
History:
[34-218, added 2021, ch. 275, sec. 1, p. 827; am. 2023, ch. 20, sec. 1, p. 130.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-219 - INVESTIGATION OF CANDIDATE QUALIFICATIONS.

34-219. INVESTIGATION OF CANDIDATE QUALIFICATIONS. (1) Upon the request of a registered voter, the secretary of state or a county clerk shall investigate the legal qualifications of a candidate for office and shall exclude from the ballot a candidate who fails to satisfy the legal qualifications for the office being sought. A person excluded from the ballot pursuant to this subsection may challenge such exclusion in the district court in which the person’s residence for voting purposes is located.
(2) The secretary of state or a county clerk may establish a deadline by which a request made pursuant to subsection (1) of this section must be filed, which deadline shall not be earlier than fourteen (14) days following the deadline to file a declaration of candidacy pursuant to section 34-704, Idaho Code.
(3) Upon the request of the secretary of state or a county clerk, the state or a political subdivision shall provide information within the state’s or the political subdivision’s possession that is needed to ascertain the legal qualifications of a candidate for office.
History:
[34-219, added 2022, ch. 81, sec. 2, p. 230.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 2 - DUTIES OF OFFICERS › Section 34-220 - JUDICIAL REVIEW — ELECTION RESULTS.

34-220. JUDICIAL REVIEW — ELECTION RESULTS. (1) If the vote count in an election has been completed and it appears to the secretary of state or a county clerk that an error has occurred in the administration of such election that may be sufficient to change the result of the election, then the secretary of state or clerk of the county in which such error appears to have occurred may petition the district court of the county in which the error appears to have occurred for judicial review of the election. The petition shall be filed within twenty-eight (28) days of the date of the election.
(2) The secretary of state or the county clerk initiating a petition under this section shall serve notice of the petition on:
(a) Any candidate appearing on the ballot in such election; and
(b) Any taxing district or other party responsible for placing an initiative, a referendum, or another question on the ballot in such election.
(3) The district court may:
(a) Give such precedence on its docket to a petition under this section as the circumstances may require; and
(b) Consider any evidence related to the error alleged in the petition.
(4) The scope of the district court’s review shall be limited to whether the error alleged in the petition occurred and, if so, whether the error was sufficient to change the result of the election. If the court determines that the error was sufficient to change the result of the election, then the court shall declare the election void and order a new election to be held at the expense of the agency where the error occurred. The new election shall be held as soon as practicable and need not occur on a date provided in section 34-106, Idaho Code.
(5) Court proceedings held pursuant to this section shall be conducted according to the Idaho rules of civil procedure, as applicable, and any other rules deemed pertinent by the district court.
History:
[(34-220) 34-219, added 2022, ch. 73, sec. 1, p. 212; am. and redesig. 2023, ch. 218, sec. 8, p. 612.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 3 - ELECTION PRECINCTS AND JUDGES › Section 34-301 - ESTABLISHMENT OF ELECTION PRECINCTS BY COUNTY COMMISSIONERS — LISTS AND MAPS TO BE FURNISHED TO SECRETARY OF STATE.

34-301. ESTABLISHMENT OF ELECTION PRECINCTS BY COUNTY COMMISSIONERS — LISTS AND MAPS TO BE FURNISHED TO SECRETARY OF STATE. (1) The board of county commissioners in each county shall establish a convenient number of election precincts therein. The board of county commissioners may establish an absentee voting precinct for each legislative district within the county. The boundaries of such absentee precincts shall be the same as those of the legislative districts for which they were established. The board shall have the authority to create new or consolidate established precincts only within the boundaries of legislative districts. No county shall have less than two (2) precincts. This board action shall be done no later than January 15 in a general election year. The January 15 deadline shall be waived during a general election year in which a legislative or court-ordered redistricting plan is adopted. In such cases, any precinct boundary adjustments shall be accomplished by the county commissioners as soon as is practicable.
(2) The county clerk of each county shall provide, and the secretary of state shall maintain in his office, a current and accurate report of the following:
(a) A list of all precincts within the county;
(b) A map and description of all precincts within the county;
(c) A count of voters registered for the latest general election, by precinct; and
(d) A count of votes cast at the latest general election, by precinct.
History:
[34-301, added 1970, ch. 140, sec. 32, p. 351; am. 1971, ch. 210, sec. 1, p. 919; am. 1972, ch. 141, sec. 1, p. 308; am. 1973, ch. 177, sec. 1, p. 393; am. 1974, ch. 212, sec. 1, p. 1557; am. 1976, ch. 73, sec. 1, p. 242; am. 1977, ch. 8, sec. 3, p. 17; am. 1992, ch. 152, sec. 1, p. 458; am. 2009, ch. 52, sec. 13, p. 145; am. 2019, ch. 96, sec. 1, p. 344.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 3 - ELECTION PRECINCTS AND JUDGES › Section 34-302 - DESIGNATION OF PRECINCT POLLING PLACES.

34-302. DESIGNATION OF PRECINCT POLLING PLACES. The board shall, by the fifth Friday before any election, designate a suitable polling place for each election precinct. Insofar as possible, the board shall designate the same polling place for the general election that it designated for the primary election. The physical arrangements of the polling place shall be sufficient to guarantee all voters the right to cast a secret ballot. Public school facilities shall be made available to the board as precinct polling places. All polling places designated as provided herein shall conform to the accessibility standards adopted by the secretary of state pursuant to the voting accessibility for the elderly and handicapped act, 52 U.S.C. 20101 et seq. The expense of providing such polling places shall be a public charge and paid out of the county treasury.
History:
[34-302, added 1970, ch. 140, sec. 33, p. 351; am. 1973, ch. 304, sec. 2, p. 646; am. 1978, ch. 38, sec. 1, p. 67; am. 1985, ch. 115, sec. 2, p. 238; am. 2019, ch. 96, sec. 2, p. 345; am. 2019, ch. 283, sec. 1, p. 824.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 3 - ELECTION PRECINCTS AND JUDGES › Section 34-303 - APPOINTMENT OF ELECTION JUDGES BY COUNTY CLERK.

34-303. APPOINTMENT OF ELECTION JUDGES BY COUNTY CLERK. (1) The county clerk shall appoint two (2) or more election judges, one (1) of whom shall be designated chief judge, and the number of clerks deemed necessary by him for each polling place. In the event a single polling place is designated for two (2) or more precincts, an individual may serve simultaneously on the election board for two (2) or more precincts thus served by a single polling place. The precinct committeemen shall recommend persons for the position in their respective precincts to the county clerk in writing by the fifth Friday prior to the primary election and the county clerk shall appoint the judges from such lists if the persons recommended are qualified.
(2) The chief election judge shall be responsible for the conduct of the proceedings in the polling place. Compensation for all election personnel shall be determined by the board of county commissioners at no less than the minimum wage as prescribed by the laws of the state of Idaho.
(3) Each election board shall contain personnel representing all existing political parties if a list of applicants has been provided to the county clerk by the precinct committeemen of the precincts by the prescribed deadline.
(4) In order to provide for a greater awareness of the election process, the rights and responsibilities of voters and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, a county clerk may appoint not more than two (2) students per precinct to serve under the direct supervision of election board members designated by the county clerk. A student may be appointed, notwithstanding lack of eligibility to vote, if the student possesses the following qualifications:
(a) Is at least sixteen (16) years of age at the time of the election for which he or she is serving as a member of an election board; and
(b) Is a citizen of the United States.
History:
[34-303, added 1970, ch. 140, sec. 34, p. 351; am. 1971, ch. 210, sec. 2, p. 919; am. 1977, ch. 8, sec. 4, p. 17; am. 2003, ch. 48, sec. 3, p. 182; am. 2004, ch. 113, sec. 1, p. 386; am. 2018, ch. 154, sec. 1, p. 311; am. 2019, ch. 96, sec. 3, p. 345.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 3 - ELECTION PRECINCTS AND JUDGES › Section 34-304 - CHALLENGERS — WATCHERS.

34-304. CHALLENGERS — WATCHERS. The county clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the day of election, direct that the election judges permit one (1) person authorized by each political party, if the election is a partisan election, to be at the polling place for the purpose of challenging voters, and shall, if requested, permit any one (1) person authorized by a candidate, several candidates or political party, to be present to serve as a watcher to observe the conduct of the election. Such authorization shall be evidenced by a writing signed by the county chairman and secretary of the political party, if the election is a partisan election, or by the candidate or candidates, and filed with the county clerk. Where the issue before the electors is other than the election of officers, the clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the date of voting on the issue or issues, direct that the election judges permit one (1) pro and one (1) con person to be at the polling place for the purpose of challenging voters and to observe the conduct of the election. Such authorization shall be evidenced in writing signed by the requesting person and shall state which position relative to the issue or issues the person represents. Persons who are authorized to serve as challengers or watchers shall wear a visible name tag which includes their respective titles. A watcher is entitled to observe any activity conducted at the location at which the watcher is serving, provided however, that the watcher does not interfere with the orderly conduct of the election. If the watchers are present at the polling place when ballots are counted they shall not absent themselves until the polls are closed. A watcher serving at a central counting station may be present at any time the station is open for the purpose of processing or preparing to process election results and until the election officers complete their duties at the station. If the county clerk does not receive the list of names of those desired to be present for the purpose of either poll watching or challenging within the time prescribed above, the clerk shall not allow the presence of such persons later seeking to serve in those capacities.
History:
[34-304, added 1970, ch. 140, sec. 35, p. 351; am. 1972, ch. 141, sec. 2, p. 308; am. 1973, ch. 304, sec. 3, p. 646; am. 2006, ch. 70, sec. 1, p. 214; am. 2009, ch. 341, sec. 56, p. 1031.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 3 - ELECTION PRECINCTS AND JUDGES › Section 34-305 - COUNTY CLERK CHIEF COUNTY ELECTIONS OFFICER.

34-305. COUNTY CLERK CHIEF COUNTY ELECTIONS OFFICER. The county clerk is the chief elections officer of his county and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. The county clerk shall comply with the lawful directives and instructions given him by the secretary of state.
History:
[I.C., sec. 34-305, as added by 1971, ch. 210, sec. 3, p. 919.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 3 - ELECTION PRECINCTS AND JUDGES › Section 34-306 - PRECINCT BOUNDARY REQUIREMENTS.

34-306. PRECINCT BOUNDARY REQUIREMENTS. (1) Precinct boundaries shall follow visible, easily recognizable physical features on the ground including, but not limited to, streets, railroad tracks, roads, streams and lakes. The exception shall be when a precinct boundary coincides with a city, county, Indian reservation or school district boundary which does not follow a visible feature.
(2) In order to achieve compliance with the requirements of this section, and simultaneously maintain legislative district boundaries which may not follow visible features, a county may designate subprecincts within precincts, the internal boundaries of which do not follow visible features.
History:
[34-306, added 1977, ch. 8, sec. 2, p. 16; am. 1989, ch. 261, sec. 1, p. 639; am. 1992, ch. 284, sec. 1, p. 876.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 3 - ELECTION PRECINCTS AND JUDGES › Section 34-307 - PRECINCT BOUNDARIES MAINTAINED.

34-307. PRECINCT BOUNDARIES MAINTAINED. From January 15 in any year ending in 8 through September 15 in any year ending in 1, the board of county commissioners shall make no changes in precinct boundaries, except that a single precinct may be divided into two (2) or more new precincts wholly contained within the original precinct.
History:
[34-307, added 1998, ch. 276, sec. 1, p. 907.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-401 - ELECTORS PRIVILEGED FROM ARREST DURING ATTENDANCE AT POLLING PLACE — EXCEPTION.

34-401. ELECTORS PRIVILEGED FROM ARREST DURING ATTENDANCE AT POLLING PLACE — EXCEPTION. Electors are privileged from arrest, except for treason, a felony or breach of the peace, during their attendance at a polling place.
History:
[34-401, added 1970, ch. 140, sec. 36, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-402 - QUALIFICATIONS OF ELECTORS.

34-402. QUALIFICATIONS OF ELECTORS. Every male or female citizen of the United States, eighteen (18) years old, who has resided in this state and in the county for thirty (30) days where he or she offers to vote prior to the day of election, if registered within the time period provided by law, is a qualified elector.
History:
[34-402, added 1970, ch. 140, sec. 37, p. 351; am. 1971, ch. 192, sec. 1, p. 874; am. 1972, ch. 392, sec. 1, p. 1131; am. 1973, ch. 304, sec. 4, p. 646; am. 1982, ch. 253, sec. 2, p. 646.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-403 - DISQUALIFIED ELECTORS NOT PERMITTED TO VOTE.

34-403. DISQUALIFIED ELECTORS NOT PERMITTED TO VOTE. No elector shall be permitted to vote if he is disqualified as provided in article 6, sections 2 and 3 of the state constitution.
History:
[34-403, added 1970, ch. 140, sec. 38, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-404 - REGISTRATION OF ELECTORS — POLITICAL PARTY AFFILIATION — UNAFFILIATED DESIGNATION.

34-404. REGISTRATION OF ELECTORS — POLITICAL PARTY AFFILIATION — UNAFFILIATED DESIGNATION. (1) All electors must register before being able to vote at any primary, general, special, school or any other election governed by the provisions of title 34, Idaho Code. Registration of a qualified person occurs when a legible, accurate and complete registration application and proof of identity and residence are received in the office of the county clerk or at the polls pursuant to section 34-408(3), 34-408A, or 34-1012, Idaho Code.
(2) Each elector may select on the registration application an affiliation with a political party qualified to participate in elections pursuant to section 34-501, Idaho Code, or may select to be designated as unaffiliated. The county clerk shall record the party affiliation or unaffiliated designation so selected as part of the elector’s registration record. If an elector shall fail or refuse to make such a selection, the county clerk shall enter on the registration records that such elector is unaffiliated.
(3) In order to provide an elector with the appropriate primary election ballot, pursuant to section 34-904A, Idaho Code, the poll book for primary elections shall include the party affiliation or designation as unaffiliated for each elector so registered. An unaffiliated elector shall declare to the poll worker which primary election ballot the elector chooses to vote in, pursuant to section 34-904A, Idaho Code, and the poll worker or other authorized election personnel shall record such declaration in the poll book. The poll book shall contain checkoff boxes to allow the poll worker or other authorized election personnel to record such unaffiliated elector’s selection.
History:
[34-404, added 1970, ch. 140, sec. 39, p. 351; am. 1971, ch. 192, sec. 2, p. 874; am. 1972, ch. 197, sec. 1, p. 498; am. 1987, ch. 256, sec. 2, p. 520; am. 1997, ch. 356, sec. 1, p. 1051; am. 2011, ch. 319, sec. 3, p. 931; am. 2016, ch. 359, sec. 3, p. 1054; am. 2023, ch. 293, sec. 1, p. 887.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-405 - GAIN OR LOSS OF RESIDENCE BY REASON OF ABSENCE FROM STATE.

34-405. GAIN OR LOSS OF RESIDENCE BY REASON OF ABSENCE FROM STATE. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his absence while employed in the service of this state or the United States, while a student of any institution of learning, while kept at any state institution at public expense, nor absent from the state with the intent to have this state remain his residence. If a person is absent from this state but intends to maintain his residence for voting purposes here, he shall not register to vote in any other state during his absence.
History:
[34-405, added 1970, ch. 140, sec. 40, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-406 - APPOINTMENT OF REGISTRARS.

34-406. APPOINTMENT OF REGISTRARS. (1) The county clerk shall provide for voter registration in the clerk’s office and may appoint registrars to assist in voter registration throughout the county.
(2) The county clerk shall provide all political parties within the county with a supply of the registration form prescribed in section 34-411, Idaho Code.
History:
[34-406, added 1994, ch. 67, sec. 3, p. 138; am. 2011, ch. 319, sec. 4, p. 931.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-407 - PROCEDURE FOR REGISTRATION.

34-407. PROCEDURE FOR REGISTRATION. (1) Any county clerk or official registrar shall register without charge any elector who personally appears in the office of the county clerk or before the official registrar, as the case may be, and requests to be registered.
(2) Upon receipt of a written application to the county clerk from any elector who, by reason of illness or physical incapacity is prevented from personally appearing in the office of the county clerk or before an official registrar, the county clerk or an official registrar so directed by the county clerk shall register such elector at the place of abode of the elector.
History:
[34-407, added 1970, ch. 140, sec. 42, p. 351; am. 1971, ch. 192, sec. 4, p. 874; am. 1991, ch. 337, sec. 1, p. 874; am. 1995, ch. 215, sec. 2, p. 748.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-408 - CLOSING OF REGISTER — TIME LIMIT.

34-408. CLOSING OF REGISTER — TIME LIMIT. (1) No elector may register in the office of the county clerk within twenty-four (24) days preceding any election held throughout the county in which he resides for the purpose of voting at such election; provided however, a legible, accurate and complete registration application received in the office of the county clerk during the twenty-four (24) day period preceding an election shall be accepted and held by the county clerk until the day following the election when registration reopens, at which time the registration shall become effective. This deadline shall also apply to any registrars the county clerk may have appointed.
(2) Any elector who will complete his residence requirement or attain the requisite voting age during the period when the register of electors is closed may register prior to the closing of the register.
(3) Notwithstanding subsection (1) of this section, an individual who is eligible to vote may also register, upon completing a registration application and showing proof of identity and residence pursuant to section 34-411, Idaho Code, at the absent electors’ polling place provided in section 34-1006, Idaho Code, or at an early voting station provided in section 34-1012, Idaho Code.
History:
[34-408, added 1970, ch. 140, sec. 43, p. 351; am. 1971, ch. 192, sec. 5, p. 874; am. 1974, ch. 172, sec. 1, p. 1431; am. 1981, ch. 105, sec. 1, p. 159; am. 1994, ch. 67, sec. 4, p. 138; am. 2001, ch. 99, sec. 1, p. 248; am. 2005, ch. 127, sec. 1, p. 412; am. 2016, ch. 359, sec. 4, p. 1055; am. 2023, ch. 293, sec. 2, p. 887.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-408A - ELECTION DAY REGISTRATION.

34-408A. ELECTION DAY REGISTRATION. (1) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, completing a registration application, showing proof of identity and residence pursuant to section 34-411, Idaho Code, and making an oath in the form prescribed by the secretary of state.
(2) Election day registration provided in this section shall apply to all elections conducted under title 34, Idaho Code, and to school district and municipal elections.
History:
[34-408A, added 1994, ch. 67, sec. 5, p. 138; am. 1995, ch. 215, sec. 3, p. 749; am. 1997, ch. 356, sec. 2, p. 1052; am. 2011, ch. 285, sec. 3, p. 779; am. 2016, ch. 359, sec. 5, p. 1055; am. 2023, ch. 293, sec. 3, p. 888.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 4 - VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION › Section 34-409 - ELECTRONIC REGISTRATION.

34-409. ELECTRONIC REGISTRATION. (1) The office of the secretary of state may create and maintain an electronic system for voter registration that is publicly available on its official website. Any qualified elector who has a current valid driver’s license or identification card issued pursuant to title 49, Idaho Code, that reflects the person’s current principal place of residence, may register to vote by submitting a completed voter registration application electronically through such website. Electronic voter registration applications shall be submitted before the close of registration as provided in section 34-408, Idaho Code.
(2) The electronic voter registration application shall be in a form prescribed by the secretary of state and shall:
(a) Require the information under oath or affirmation set forth in section 34-411, Idaho Code;
(b) Include notice of the requirement to provide personal identification before voting at the polls as set forth in sections 34-1113 and 34-1114, Idaho Code; and
(c) Require an electronic signature of the applicant.
(3) The office of the secretary of state shall obtain a digital copy of the applicant’s driver’s license or identification card signature from the Idaho transportation department. The Idaho transportation department shall, upon request of the office of the secretary of state, provide a digital copy of the applicant’s driver’s license or identification card signature.
(4) Upon receipt of a completed voter registration application and a digital copy of the applicant’s driver’s license or identification card signature from the Idaho transportation department, the office of the secretary of state shall send the information to the county clerk for the county in which the applicant resides. The county clerk shall prepare and issue to each elector registering electronically a verification of registration containing the name and residence of the elector and the name or number of the precinct in which the elector resides. Such verification of registration may be sent by nonforwardable first-class mail or by electronic mail at the elector’s option. If a verification is returned undeliverable, then the county clerk shall remove the elector from the register of electors.
(5) An applicant using the electronic system for voter registration pursuant to this section shall not be required to complete a printed registration card.
(6) The office of the secretary of state shall use such security measures necessary to ensure the accuracy and integrity of an electronically submitted voter registration application.
History:
[34-409, added 2016, ch. 359, sec. 1, p. 1052.]