reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-902 - COUNTY COMMISSIONERS TO PROVIDE SUFFICIENT BALLOTS AND BALLOT BOXES FOR EACH POLLING PLACE AT ALL ELECTIONS.

34-902. COUNTY COMMISSIONERS TO PROVIDE SUFFICIENT BALLOTS AND BALLOT BOXES FOR EACH POLLING PLACE AT ALL ELECTIONS. The board of county commissioners shall authorize that a suitable number of ballots be printed for each polling place. The county clerk shall cause such ballots to be printed upon receiving final instructions from the secretary of state, and the cost shall be paid from the county treasury. The board of county commissioners shall authorize the printing of ballots in the same manner for special elections when such special election is ordered by the governor or provided by law.
The board of county commissioners shall also provide a suitable number of ballot boxes for each polling place within the county, and shall have complete authority to determine the specifications for such ballot boxes.
History:
[34-902, added 1970, ch. 140, sec. 122, p. 351; am. 1975, ch. 174, sec. 14, p. 469; am. 1979, ch. 309, sec. 10, p. 838; am. 2011, ch. 11, sec. 13, p. 31.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-903 - SECRETARY OF STATE TO PRESCRIBE FORM AND CONTENTS OF ALL BALLOTS AND RELATED DOCUMENTS.

34-903. SECRETARY OF STATE TO PRESCRIBE FORM AND CONTENTS OF ALL BALLOTS AND RELATED DOCUMENTS. (1) The secretary of state shall, in a manner consistent with the election laws of this state, prescribe the form for all ballots, absentee ballots, diagrams, sample ballots, ballot labels, voting machine labels or booklets, certificates, notices, declarations of candidacy, affidavits of all types, lists, applications, poll books, tally sheets, registers, rosters, statements, and abstracts if required by the election laws of this state.
(2) The secretary of state shall prescribe the arrangement of the matter to be printed on each kind of ballot and label, including:
(a) The placement and listing of all offices, candidates and issues upon which voting is statewide, which shall be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices and issues upon which voting is not statewide.
(3) The names of candidates for legislative or special district offices shall be printed only on the ballots and ballot labels furnished to voters of such district.
(4)(a) The names of candidates that appear on election ballots for federal, state, county, and city offices shall be rotated in the manner determined by the secretary of state.
(b) The names of candidates that appear on election ballots for other offices shall be rotated in the manner determined by the secretary of state for any political entity whose number of registered voters at the last general election exceeds one hundred thousand (100,000).
(c) The order of candidates for office in all other elections shall be determined by applying the first letter of each candidate’s last name to a random alphabet selected prior to each election by the secretary of state.
(5) No candidate’s name may appear on a ballot for more than one (1) partisan office or one (1) judicial office, except that a candidate for precinct committeeman may seek one (1) additional office upon the same ballot. The provisions of this subsection shall not apply to the election of electors of president and vice president of the United States.
History:
[34-903, added 1970, ch. 140, sec. 123, p. 351; am. 1971, ch. 189, sec. 1, p. 870; am. 1987, ch. 313, sec. 1, p. 656; am. 2011, ch. 285, sec. 8, p. 781; am. 2012, ch. 211, sec. 6, p. 575; am. 2015, ch. 282, sec. 5, p. 1148; am. 2022, ch. 99, sec. 1, p. 343.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-903A - NAME ON BALLOT.

34-903A. NAME ON BALLOT. Should it appear to the secretary of state or county clerk that a person has filed as a candidate and that such person has changed their name and has changed their name to words that convey or attempt to convey a political message, the secretary of state or county clerk shall make an inquiry to determine: (i) if such person has changed their name; and (ii) if such name contains words that convey a political message to voters on the ballot; and (iii) if an explanation on the ballot would clarify the ballot and would assist in eliminating voter confusion. If the secretary of state or county clerk finds affirmatively that all three (3) criteria have been met, the secretary of state or county clerk shall be required to note on the ballot immediately following the name that appears to be a political proposition the following statement in parentheses: (A person, formerly known as …… ……..), inserting in the blank within the parentheses the name by which the candidate who changed their name was formerly known.
History:
[34-903A, added 2008, ch. 408, sec. 2, p. 1124.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-903B - RANKED CHOICE VOTING PROHIBITED.

34-903B. RANKED CHOICE VOTING PROHIBITED. (1) No county elections office shall use ranked choice voting or instant runoff voting to conduct an election or nomination of any candidate in this state for any local government, statewide, or federal elective office.
(2) For the purpose of this section:
(a) "Local government" means any municipality, county, school district, special taxing district, or any other regional or local district or unit of government that is governed by one (1) or more elected officials.
(b) "Ranked choice voting" or "instant runoff voting" means a method of casting and tabulating votes in which:
(i) Voters rank candidates in order of preference;
(ii) Tabulation proceeds in rounds such that in each round either a candidate or candidates are elected or the last-place candidate is defeated;
(iii) Votes are transferred from elected or defeated candidates to the voters’ next ranked candidate or candidates in order of preference; and
(iv) Tabulation ends when a candidate receives the majority of votes cast or the number of candidates elected equals the number of offices to be filled.
(3) Any local government ordinance in conflict with this section is void.
History:
[34-903B, added 2023, ch. 135, sec. 1, p. 379.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-904 - PRIMARY ELECTION BALLOTS.

34-904. PRIMARY ELECTION BALLOTS. (1) There shall be a separate primary election ballot for each political party upon which its ticket shall be printed; however, a county may use a separate ballot for the office of precinct committeeman. All candidates who have filed their declarations of candidacy and are subsequently certified shall be listed under the proper office titles on their political party ticket. The secretary of state shall design the primary election ballot to allow for write-in candidates when needed.
(2) The office titles shall be listed in order beginning with the highest federal office and ending with precinct offices. The secretary of state has the discretion and authority to arrange the classifications of offices as provided by law.
(3) It is not necessary to print a primary ballot for a political party which does not have candidates for more than half of the federal or statewide offices on the ballot if no more than one (1) candidate files for nomination by that party for any of the offices on the ballot. The secretary of state shall certify that no primary election is necessary for that party if such is the case and shall certify to the county clerk the names of candidates for that party for the general election ballot only.
History:
[34-904, added 1970, ch. 140, sec. 124, p. 351; am. 1971, ch. 189, sec. 2, p. 870; am. 1972, ch. 130, sec. 1, p. 259; am. 1983, ch. 213, sec. 10, p. 593; am. 2001, ch. 272, sec. 2, p. 994; am. 2011, ch. 319, sec. 7, p. 932; am. 2012, ch. 57, sec. 1, p. 157; am. 2020, ch. 69, sec. 3, p. 158.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-905 - NONPARTISAN BALLOTS FOR ELECTION OF JUSTICES OF SUPREME COURT, JUDGES OF THE COURT OF APPEALS, AND DISTRICT JUDGES.

34-905. NONPARTISAN BALLOTS FOR ELECTION OF JUSTICES OF SUPREME COURT, JUDGES OF THE COURT OF APPEALS, AND DISTRICT JUDGES. There shall be a single nonpartisan ballot for the election of justices of the supreme court, judges of the court of appeals, and district judges. The names of all candidates for each office shall be listed under the proper office title by the secretary of state. A similar ballot shall be prepared for any general election, whenever it shall be necessary to conduct an election for judicial office.
History:
[34-905, added 1970, ch. 140, sec. 125, p. 351; am. 1970, ch. 231, sec. 5, p. 643; am. 1971 (E.S.), ch. 9, sec. 8, p. 20; am. 2023, ch. 210, sec. 3, p. 587.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-905A - NONPARTISAN BALLOTS FOR ELECTION OF HIGHWAY DISTRICT COMMISSIONERS — PLURALITY REQUIRED FOR ELECTION.

34-905A. NONPARTISAN BALLOTS FOR ELECTION OF HIGHWAY DISTRICT COMMISSIONERS — PLURALITY REQUIRED FOR ELECTION. There shall be a single nonpartisan ballot for the election of highway district commissioners in each highway district. The ballot shall designate the highway district commissioners subdistrict and the names of all candidates for that office shall be listed thereon. The ballot shall also contain the words: "Vote for One," followed by the names of the candidates for the office. The candidate with the most votes shall be declared the successful candidate.
History:
[I.C., sec. 34-905A, as added by S.L. 1972, ch. 345, sec. 2, p. 1013.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-906 - BALLOTS FOR GENERAL ELECTIONS.

34-906. BALLOTS FOR GENERAL ELECTIONS. (1) There shall be a single general election ballot on which the complete ticket of each political party shall be printed. Each political party ticket shall include that party’s nominee for each particular office. The secretary of state shall design the general election ballot to allow for write-in candidates when needed.
(2) The office titles shall be listed in order beginning with the highest federal office. The secretary of state has the discretion and authority to arrange the above classifications of offices as provided by law.
(3) At any general election at which the electors are to vote upon constitutional amendments or other issues, the secretary of state shall provide separate general election ballot forms on which such amendments and issues shall be printed.
History:
[34-906, added 1970, ch. 140, sec. 126, p. 351; am. 1971, ch. 189, sec. 3, p. 870; am. 1977, ch. 12, sec. 1, p. 24; am. 2020, ch. 69, sec. 4, p. 158.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-908 - EACH BALLOT TO CARRY OFFICIAL ELECTION BALLOT IDENTIFICATION ON OUTSIDE — MARKING OF BALLOT BY VOTER.

34-908. EACH BALLOT TO CARRY OFFICIAL ELECTION BALLOT IDENTIFICATION ON OUTSIDE — MARKING OF BALLOT BY VOTER. (1) Every ballot used at any primary, general or special election shall be marked on the outside with the official election ballot identification before it is given to the voter. At this time the election official distributing the ballots shall give the voter instructions in regard to folding the ballot after he has voted.
(2) The voter shall mark his ballot with a cross (X) or other mark sufficient to show his intent in the place provided after the name of the candidate for whom he intends to vote for each office.
(3) If a person votes by writing the name of a candidate on the ballot, such act shall constitute a vote for the person’s name who appears without the necessity of placing a mark after the name written on the ballot, unless such a mark is required by a vote tally system.
History:
[34-908, added 1970, ch. 140, sec. 128, p. 351; am. 1988, ch. 293, sec. 1, p. 932; am. 2013, ch. 285, sec. 3, p. 736.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-909 - GENERAL ELECTION SAMPLE BALLOTS FORWARDED TO COUNTIES BY SECRETARY OF STATE.

34-909. GENERAL ELECTION SAMPLE BALLOTS FORWARDED TO COUNTIES BY SECRETARY OF STATE. (1) The secretary of state, no later than September 7, shall provide the necessary general election sample ballot layout to each of the county clerks.
(2) The sample ballot layout shall contain the proper office titles, order of offices and ballot layout for the general election, with instructions for placement of candidates seeking election for federal, state, legislative, county and precinct offices and candidates seeking judicial office or retention. If a county is within more than one (1) legislative district, the secretary of state shall provide instructions on the requirements for a separate ballot for each legislative district that is within the county.
(3) The secretary of state shall certify to the county clerks the names and political party of the candidates qualified for placement on the general election ballot for all federal, state and legislative district offices on the sample ballots, along with any judicial candidates, by no later than the ninth Friday prior to the general election.
(4) The secretary of state shall certify the name of a candidate being appointed by the appropriate central committee as provided by section 34-715, Idaho Code, by no later than the next business day after the appointment is received in the secretary of state’s office, if received after the certification of candidates to the county clerks under subsection (3) of this section.
History:
[34-909, added 1970, ch. 140, sec. 199, p. 351; am. 1976, ch. 60, sec. 12, p. 207; am. 1984, ch. 131, sec. 5, p. 306; am. 1985, ch. 42, sec. 6, p. 90; am. 2019, ch. 96, sec. 9, p. 347.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-910 - DUTY OF COUNTY CLERK TO FURNISH SUFFICIENT BALLOTS TO EACH VOTING PRECINCT — RECORD OF NUMBER OF BALLOTS PRINTED AND FURNISHED.

34-910. DUTY OF COUNTY CLERK TO FURNISH SUFFICIENT BALLOTS TO EACH VOTING PRECINCT — RECORD OF NUMBER OF BALLOTS PRINTED AND FURNISHED. (1) It shall be the duty of the county clerk to furnish and cause to be delivered a sufficient number of election ballots to the judges of elections of each voting precinct. The ballots shall be delivered to the polling place within the precinct on or before the opening of the polls for the election together with the official election ballot identification in sealed packages. Upon receipt of the ballots and supplies, the chief judge of elections or other designated judge must return a written receipt to the county clerk.
(2) The county clerk shall keep a record of the number of ballots printed and furnished to each polling place within the county and preserve the same for one (1) year.
History:
[34-910, added 1970, ch. 140, sec. 129, p. 351; am. 2011, ch. 285, sec. 9, p. 782; am. 2013, ch. 285, sec. 4, p. 737.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-911 - COUNTY CLERK TO PREPARE FULL INSTRUCTIONS FOR THE GUIDANCE OF VOTERS AT ELECTIONS.

34-911. COUNTY CLERK TO PREPARE FULL INSTRUCTIONS FOR THE GUIDANCE OF VOTERS AT ELECTIONS. The county clerk shall prepare full instructions for the guidance of voters at such elections, as to obtaining ballots, as to the manner of marking them, and as to obtaining new tickets in place of those spoiled, and provide sample ballots. The form and manner of display of the above mentioned instructions shall be prescribed by the secretary of state and be uniform throughout the state.
History:
[34-911, added 1970, ch. 140, sec. 130, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 9 - BALLOTS › Section 34-912 - PROCEDURE FOR CORRECTION OF BALLOTS WHEN VACANCY OCCURS AFTER PRINTING — NOTICE.

34-912. PROCEDURE FOR CORRECTION OF BALLOTS WHEN VACANCY OCCURS AFTER PRINTING — NOTICE. When any vacancy occurs after the printing of the ballots and is filled as provided by law, the county clerk shall thereupon have printed a sufficient number of stickers containing the name of the candidate designated to fill the vacancy and shall deliver them to the judges of elections of the precincts interested therein.
The distributing clerk shall affix such stickers on the ballot before it is given to the elector. The sticker shall be placed over the name of the previous candidate. If the vacancy occurs after the deadline for filling the same, the distributing clerk shall cross the name of such candidate off the ballot and no votes shall be cast for the candidate. The county clerk shall notify the precincts of this authorization as soon as a vacancy occurs.
History:
[34-912, added 1970, ch. 140, sec. 131, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1001 - VOTING BY ABSENTEE BALLOT AUTHORIZED.

34-1001. VOTING BY ABSENTEE BALLOT AUTHORIZED. Any registered elector of the state of Idaho may vote at any election by absentee ballot as herein provided.
History:
[34-1001, added 1970, ch. 140, sec. 162, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1002A - EMERGENCY SITUATION ABSENTEE BALLOT — APPLICATION.

34-1002A. EMERGENCY SITUATION ABSENTEE BALLOT — APPLICATION. (1) A registered elector who has not previously requested an absentee ballot for the same election and who is physically unable to vote in person at the elector’s designated polling place on the day of the election because of an emergency situation requiring hospitalization of the elector may request an emergency situation absentee ballot by filing an emergency situation absentee ballot application with the county clerk. The secretary of state shall prescribe the form for the emergency situation absentee ballot application.
(a) The emergency application may be submitted to the county clerk up to five (5) days prior to the election but shall be received by the county clerk no later than 5:00 p.m. on the Monday before the election, in order to allow for the coordination of ballot delivery to the requesting elector at the hospital.
(b) The emergency application shall be signed personally by the applicant.
(c) The situation rendering the requesting elector physically unable to vote in person at the polling place must have occurred after 5:00 p.m. on the eleventh day prior to the election, and the applicant must attest to that fact with the applicant’s signature.
(2) Regardless of the time of the request, an absentee ballot delivered under this section must be returned to the county clerk’s office from which it was received in order to be counted, in accordance with section 34-1005, Idaho Code.
(3) The county clerk shall deem the location of an individual to be an absent elector’s polling place, as provided in section 34-1006, Idaho Code, solely for the purposes of registering the applicant under section 34-408A, Idaho Code, and shall provide the applicant with an emergency situation absentee ballot in the event that the individual who wishes to apply for an emergency situation absentee ballot under this section:
(a) Was not a registered elector at the time the register closed but became eligible for registration following the closing of the register;
(b) Was rendered physically unable to register in person on election day by the emergency situation; and
(c) Was otherwise qualified to request an emergency situation absentee ballot under this section.
History:
[34-1002A, added 2020, ch. 286, sec. 2, p. 831.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1004 - MARKING AND FOLDING OF ABSENTEE BALLOT — AFFIDAVIT.

34-1004. MARKING AND FOLDING OF ABSENTEE BALLOT — AFFIDAVIT. Upon receipt of the absent elector’s ballot the elector shall thereupon mark and fold the ballot so as to conceal the marking, deposit it in the ballot envelope and seal the envelope securely. In the event an election requires a perforated ballot, the unvoted portion must be deposited in the unvoted ballot envelope and sealed. The ballot envelopes must then be deposited in the return envelope and sealed securely.
The elector shall then execute an affidavit on the back of the return envelope in the form prescribed, provided however, that such affidavit need not be notarized.
History:
[34-1004, added 1970, ch. 140, sec. 165, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1005 - RETURN OF ABSENTEE BALLOT.

34-1005. RETURN OF ABSENTEE BALLOT. (1) The return envelope shall be mailed or delivered to the officer who issued the same; provided, that an absentee ballot must be received by the issuing officer by 8:00 p.m. on the day of election before such ballot may be counted.
(2) Upon receipt of an absent elector’s ballot, the county clerk of the county wherein such elector resides shall verify the authenticity of the affidavit, including verifying that the signature matches the signature from such elector’s voter registration, and shall write or stamp upon the envelope containing the same, the date and hour such envelope was received in his office and shall record the information pursuant to section 34-1011, Idaho Code. He shall safely keep and preserve all absent electors’ ballots unopened until the time prescribed for delivery to the polls or to the central count ballot processing center.
History:
[34-1005, added 1970, ch. 140, sec. 166, p. 351; am. 1972, ch. 157, sec. 2, p. 349; am. 1995, ch. 215, sec. 13, p. 753; am. 2007, ch. 202, sec. 4, p. 621; am. 2011, ch. 285, sec. 10, p. 782; am. 2021, ch. 262, sec. 3, p. 808.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1006 - COUNTY CLERKS SHALL PROVIDE ONE OR MORE “ABSENT ELECTORS’ VOTING PLACE.”

34-1006. COUNTY CLERKS SHALL PROVIDE ONE OR MORE "ABSENT ELECTORS’ VOTING PLACE." (1) Each county clerk shall provide one (1) or more "absent electors’ polling place(s)" as determined necessary by each county. Each polling place shall be provided with voting booths and other necessary supplies as provided by law. Except as provided in section 34-308, Idaho Code, every elector shall always be provided the opportunity to vote in person in an election, notwithstanding any declaration of emergency, extreme emergency, or disaster emergency by the governor.
(2) Electioneering is prohibited at an "absent electors’ polling place" as provided in section 18-2318, Idaho Code.
History:
[34-1006, added 1970, ch. 140, sec. 167, p. 351; am. 1994, ch. 21, sec. 1, p. 36; am. 1998, ch. 163, sec. 1, p. 551; am. 2020, 1st E.S., ch. 3, sec. 1, p. 9.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1007 - COUNTING ABSENTEE BALLOTS.

34-1007. COUNTING ABSENTEE BALLOTS. (1) In those counties that count ballots at the polls, upon receipt of absent elector’s ballot or ballots, the officer receiving them shall forthwith enclose the same, unopened in a carrier envelope endorsed with the name and official title of such officer and the words: "absent electors’ ballot to be opened only at the polls." He shall hold the same until the delivery of the official ballots to the judges of election of the precinct in which the elector resides and shall deliver the ballot or ballots to the judges with such official ballots.
(2) In those counties that count ballots at a central location, absentee ballots that are received may, in the discretion of the county clerk, be retained in a secure place in the clerk’s office and such ballots shall be added to the precinct returns at the time of ballot tabulation. Provided, however, for any election that takes place prior to December 31, 2020, absentee ballots may be opened and scanned beginning seven (7) days prior to election day. If the absentee ballots are opened prior to election day, the ballots shall be securely maintained in a nonproprietary electronic access-controlled room under twenty-four (24) hour nonproprietary video surveillance that is livestreamed to the public and which video must be archived for at least ninety (90) days following the election. The ballots shall be boxed and secured in the same access-controlled room each day after being opened or scanned. A minimum of two (2) election officials must be present whenever absentee ballots are accessed. No results shall be tabulated for absentee ballots until the polls close on the day of the election held prior to December 31, 2020.
(3) The clerk shall deliver to the polls a list of those absentee ballots received to record in the official poll book that the elector has voted.
History:
[34-1007, added 1970, ch. 140, sec. 168, p. 351; am. 2002, ch. 236, sec. 2, p. 708; am. 2007, ch. 202, sec. 5, p. 622; am. 2020, 1st E.S., ch. 1, sec. 2, p. 7.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1008 - DEPOSIT OF ABSENTEE BALLOTS.

34-1008. DEPOSIT OF ABSENTEE BALLOTS. Between the opening and closing of the polls on such election day the judges of election of such precinct shall open the carrier envelope only, announce the absent elector’s name, and in the event they find such applicant to be a duly registered elector of the precinct and that he has not heretofore voted at the election, they shall open the return envelope and remove the ballot envelopes and deposit the same in the proper ballot boxes and cause the absent elector’s name to be entered on the poll books the same as though he had been present and voted in person. The ballot envelope shall not be opened until the ballots are counted.
History:
[34-1008, added 1970, ch. 140, sec. 169, p. 351; am. 1995, ch. 215, sec. 14, p. 753.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1009 - CHALLENGING ABSENTEE ELECTOR’S VOTE.

34-1009. CHALLENGING ABSENTEE ELECTOR’S VOTE. The vote of any absent elector may be challenged in the same manner as other votes are challenged and the receiving judges shall have power and authority to determine the legality of such ballot. If the challenge be sustained, or if the receiving judges determine, that the affidavit accompanying the absent elector’s ballot is insufficient, or that the elector is not a qualified registered elector the envelope containing the ballot of such elector shall not be opened and the judges shall endorse on the back of the envelope the reason therefor. If an absent elector’s envelope contains more than one (1) marked ballot of any one (1) kind, none of such ballots shall be counted and the judges shall make notations on the back of the ballots the reason therefor. Judges of election shall certify in their returns the number of absent electors’ ballots cast and counted and the number of such ballots rejected.
History:
[34-1009, added 1970, ch. 140, sec. 170, p. 351; am. 2004, ch. 248, sec. 1, p. 714.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1010 - REJECTION OF DEFECTIVE BALLOTS.

34-1010. REJECTION OF DEFECTIVE BALLOTS. All absent electors’ identification envelopes, ballot stubs and absent electors’ ballots rejected by the judges in accordance with the provisions of this act shall be returned to the county clerk. All absent electors’ ballots received by the county clerk after 8:00 p.m. on the day of the general, primary or special election, together with the rejected absent electors’ ballots returned by the judges of election as provided in this section, shall remain in the sealed identification envelopes and be handled in the manner provided for other spoiled ballots.
History:
[34-1010, added 1970, ch. 140, sec. 171, p. 351; am. 1973, ch. 304, sec. 10, p. 646.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1011 - COUNTY CLERK’S RECORD OF APPLICATIONS FOR ABSENT ELECTOR’S BALLOTS.

34-1011. COUNTY CLERK’S RECORD OF APPLICATIONS FOR ABSENT ELECTOR’S BALLOTS. (1) The county clerk shall keep a record in his office containing a list of names and precinct numbers of electors making application for absent elector’s ballots, together with the date on which such application was made and the date on which such absent elector’s ballot was returned.
(2) If an absent elector’s ballot is not returned or if it be rejected and not counted, such fact shall be noted on the record.
(3) If an absent elector’s ballot is returned to the county clerk by the United States post office as undeliverable, the county clerk shall investigate the validity of the absent elector’s registration, and the results of the investigation shall be noted on the record. The secretary of state may promulgate rules to implement proper procedures for investigating the validity of an absent elector’s registration.
(4) Such record shall be open to public inspection under proper regulations.
History:
[34-1011, added 1970, ch. 140, sec. 172, p. 351; am. 2022, ch. 173, sec. 1, p. 568.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1012 - ALTERNATIVE PROCEDURES FOR ABSENTEE VOTING — EARLY VOTING.

34-1012. ALTERNATIVE PROCEDURES FOR ABSENTEE VOTING — EARLY VOTING. (1) Those counties that utilize absentee voting facilities that have access to the Idaho statewide voter registration system and count ballots at a central location or utilize a polling location based tabulation system may elect to conduct "early voting" according to the provisions of this section. For those counties that elect to do "early voting," early voting shall begin on or before the third Monday before the election and end at 5:00 p.m. on the Friday before the election. Primary election ballots shall be issued pursuant to section 34-1002(2), Idaho Code.
(2) A voter who appears at an "early voting" station to vote shall state his or her name and address to the election official and present the voter’s identification as required by sections 34-1113 and 34-1114, Idaho Code.
(3) The election official shall examine the records to ascertain whether or not such applicant is registered and lawfully entitled to vote as requested. The provisions of section 34-408A, Idaho Code, authorizing election day registration shall also apply in determining the applicant’s qualifications to vote.
(4) Before receiving a ballot, each elector shall sign his or her name in the election register and poll book provided for early voting.
(5) The elector shall then be given the appropriate ballots containing the official election ballot identification pursuant to section 34-901, Idaho Code, and shall be given folding instructions for such ballots, if appropriate.
(6) Upon receipt of the ballots, the elector shall retire to a vacant voting booth and mark the ballots according to the instructions provided.
(7) After marking the ballot, the elector shall present himself or herself to the election official at the ballot box and state his or her name and address. The elector shall then deposit the ballot in the ballot box or hand it to the election official, who shall deposit it. The election official shall then record that the elector has voted and proclaim the same in an audible voice.
(8) Voters requiring assistance shall be provided with such assistance in accordance with section 34-1108, Idaho Code.
(9) Electioneering is prohibited at an early voting polling place as provided in section 18-2318, Idaho Code.
History:
[34-1012, added 2013, ch. 132, sec. 1, p. 302; am. 2016, ch. 138, sec. 1, p. 403.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 10 - ABSENTEE VOTING › Section 34-1013 - EARLY VOTING BALLOT SECURITY.

34-1013. EARLY VOTING BALLOT SECURITY. (1) A detailed plan for the security of ballots for early voting shall be submitted to the secretary of state for approval no later than the third Friday of January or at least thirty (30) days prior to implementing an early voting plan. Once an early voting plan has been approved by the secretary of state, the plan shall be approved for the entire election year, unless it is modified. Any modified plan shall be submitted to the secretary of state for approval. Once a plan is approved, the county clerk shall notify the secretary of state of the county’s intent to use the early voting process prior to each election and before early voting begins.
(2) At a minimum, the following procedures must be followed:
(a) The ballot boxes used for casting early ballots shall remain locked and secured with a numbered seal until the time of tabulation on election day;
(b) A record shall be maintained consisting of the number of ballots issued by date and seal number of each ballot box used for early voting;
(c) Arrangements shall be made to have a deputy sheriff, police officer or bonded private security firm secure the location; and
(d) The actual counting of ballots shall not begin until election day, and the results shall not be released to the public until all voting places in the state have closed.
History:
[34-1013, added 2013, ch. 132, sec. 2, p. 303; am. 2018, ch. 155, sec. 1, p. 312.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1101 - OPENING AND CLOSING OF POLLS.

34-1101. OPENING AND CLOSING OF POLLS. (1) At all elections conducted pursuant to title 34, Idaho Code, the polls shall be opened at 8:00 A.M. and remain open until all registered electors of that precinct have appeared and voted or until 8:00 P.M. of the same day, whichever comes first. The county clerk, at his option, however, may open the polls in his county at 7:00 A.M. for a primary or general election.
(2) Upon opening the polls, one (1) of the judges shall make the proclamation of the same and thirty (30) minutes before closing the polls a proclamation shall be made in the same manner. Any elector who is in line at 8:00 P.M. shall be allowed to vote notwithstanding the pronouncement that the polls are closed.
History:
[34-1101, added 1970, ch. 140, sec. 173, p. 351; am. 1972, ch. 349, sec. 1, p. 1033; am. 1973, ch. 304, sec. 11, p. 646; am. 1993, ch. 313, sec. 12, p. 1163.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1102 - CHANGING POLLING PLACE — PROCLAMATION AND NOTICE.

34-1102. CHANGING POLLING PLACE — PROCLAMATION AND NOTICE. Whenever it shall become impossible or inconvenient to hold an election at the place designated therefor, the judges of election, after assembling and before receiving any vote, may adjourn to the nearest convenient place for holding the election, and at such adjourned place forthwith proceed with the election and the county clerk shall be notified of the change.
Upon adjourning any election, the judges shall cause proclamation thereof to be made, and shall post a notice upon the place where the adjournment was made from notifying electors of the change of polling place.
History:
[34-1102, added 1970, ch. 140, sec. 174, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1103 - OPENING BALLOT BOXES.

34-1103. OPENING BALLOT BOXES. (1) In the presence of bystanders the judges of elections shall break the sealed packages of election ballots and other supplies.
(2) Before receiving any ballots the judges shall open and exhibit, close and lock the ballot boxes, and thereafter they shall not be removed from the polling place until all ballots are counted. They shall not be opened until the polls are closed unless the precinct is using a duplicate set of ballot boxes.
History:
[34-1103, added 1970, ch. 140, sec. 175, p. 351; am. 2013, ch. 285, sec. 5, p. 737.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1104 - JUDGES MAY ADMINISTER OATHS — CHALLENGE OF VOTERS.

34-1104. JUDGES MAY ADMINISTER OATHS — CHALLENGE OF VOTERS. Any judge may administer and certify any oath required to be administered during the progress of an election or challenge any elector.
History:
[34-1104, added 1970, ch. 140, sec. 176, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1105 - DUTIES OF CONSTABLE.

34-1105. DUTIES OF CONSTABLE. The judges of election may appoint some capable person to act as election constable during the election, and he shall have the power to make arrests for disturbance of the peace, as provided by law for constables, and he shall allow no one within the voting area except those who go to vote, and shall allow but one elector in a compartment at one time. He shall remain and keep order at the polling place until all of the votes are tallied.
History:
[34-1105, added 1970, ch. 140, sec. 177, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1106 - SIGNING COMBINATION ELECTION RECORD AND POLL BOOK — DELIVERY OF BALLOT TO ELECTOR.

34-1106. SIGNING COMBINATION ELECTION RECORD AND POLL BOOK — DELIVERY OF BALLOT TO ELECTOR. (1) An elector desiring to vote shall state his name and address to the judge or clerk in charge of the combination election record and poll book.
(2) Before receiving his ballot, each elector shall sign his name in the combination election record and poll book following his name therein and show a valid photo identification as provided for in section 34-1113, Idaho Code, or personal identification affidavit as provided for in section 34-1114, Idaho Code.
(3) No person shall knowingly sign his name in the combination election record and poll book if his residence address is not within that precinct at the time of signing.
(4) If the residence address of a person contained in the combination election record and poll book is incorrectly given due to an error in preparation of the combination election record and poll book, the judge shall ascertain the correct address and make the necessary correction.
(5) The elector shall then be given the appropriate ballots which have been marked with the official election ballot identification and shall be given folding instructions for such ballots.
History:
[34-1106, added 1970, ch. 140, sec. 178, p. 351; am. 1972, ch. 349, sec. 2, p. 1033; am. 2010, ch. 246, sec. 1, p. 634; am. 2013, ch. 285, sec. 6, p. 737.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1106A - ELECTRONIC POLL BOOK AUTHORIZED.

34-1106A. ELECTRONIC POLL BOOK AUTHORIZED. (1) A county may adopt the use of any electronic poll book that has been certified by the secretary of state for use in this state. A county that opts to use electronic poll books shall notify the secretary of state of that decision.
(2) The secretary of state shall develop and provide to each county that adopts the use of electronic polls books under subsection (1) of this section instructions, directives and advisories regarding the examination, testing and use of the electronic poll books.
History:
[34-1106A, added 2015, ch. 282, sec. 6, p. 1149.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1107 - MANNER OF VOTING.

34-1107. MANNER OF VOTING. On receipt of his ballot the elector shall retire to a vacant voting booth and mark his ballot according to the instructions provided by law.
After marking his ballot, the elector shall present himself to the judge at the ballot box and state his name and residence. The elector shall then deposit his ballot in the proper box or hand his ballot to the election judge, who shall deposit it. The judge shall then record that the elector has voted and proclaim the same in an audible voice.
History:
[34-1107, added 1970, ch. 140, sec. 179, p. 351; am. 1971, ch. 129, sec. 1, p. 510; am. 1972, ch. 349, sec. 3, p. 1033; am. 1973, ch. 304, sec. 12, p. 646; am. 2007, ch. 202, sec. 6, p. 622.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1108 - ASSISTANCE TO VOTER.

34-1108. ASSISTANCE TO VOTER. (1) If any registered elector is unable, due to physical or other disability, to enter the polling place, he may be handed a ballot outside the polling place but within forty (40) feet thereof by one (1) of the election clerks, and in his presence but in a secret manner, mark and return the same to such election officer who shall proceed as provided by law to record the ballot.
(2) If any registered elector, who is unable by reason of physical or other disability to record his vote by personally marking his ballot and who desires to vote, then and in that case such elector shall be given assistance by the person of his choice or by one (1) of the election clerks. Such clerk or selected person shall mark the ballot in the manner directed by the elector and fold it properly and present it to the elector before leaving the voting compartment or area provided for such purpose. The elector shall then present it to the judge of election in the manner provided above.
History:
[34-1108, added 1970, ch. 140, sec. 180, p. 351; am. 1972, ch. 349, sec. 4, p. 1033; am. 1978, ch. 37, sec. 1, p. 66; am. 2010, ch. 235, sec. 19, p. 557.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1109 - SPOILED BALLOTS.

34-1109. SPOILED BALLOTS. No person shall take or remove any ballot from the polling place. If an elector inadvertently or by mistake spoils a ballot, he shall return it folded to the distributing clerk, who shall give him another ballot. The ballot thus returned shall, without examination, be immediately cancelled by writing across the back, or outside of the ballot as folded, the words "spoiled ballot, another issued," and deposit the spoiled ballot in a box provided for that purpose.
History:
[34-1109, added 1970, ch. 140, sec. 181, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1110 - OFFICERS NOT TO DIVULGE INFORMATION.

34-1110. OFFICERS NOT TO DIVULGE INFORMATION. No judge or clerk shall communicate to anyone any information as to the name or number on the registry list of any elector who has not applied for a ballot, or who has not voted at the polling place; and no judge, clerk or other person whomsoever, shall interfere with, or attempt to interfere with, a voter when marking his ballot. No judge, clerk or other person shall, directly or indirectly, attempt to induce any voter to display his ticket after he shall have marked the same, or to make known to any person the name of any candidate for or against whom he may have voted.
History:
[34-1110, added 1970, ch. 140, sec. 182, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1111 - CHALLENGING VOTERS.

34-1111. CHALLENGING VOTERS. In case any person offering to vote is challenged one (1) of the judges must declare the qualifications of an elector to such person. If the person so challenged then declares himself duly qualified, and the challenge is not withdrawn, one (1) of the judges shall then tender him the elector’s oath, as prescribed by the secretary of state. No challenged elector shall have the right to vote until he has subscribed to the elector’s oath. Upon a challenged elector’s subscribing the elector’s oath, he shall be entitled to vote.
History:
[34-1111, added 1970, ch. 140, sec. 183, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1112 - HANDBOOK OF ELECTOR’S QUALIFICATIONS.

34-1112. HANDBOOK OF ELECTOR’S QUALIFICATIONS. The secretary of state shall prepare a handbook which sets forth the qualifications of an elector which shall aid the judges of election to determine whether a person is qualified to vote at the election.
A sufficient number of these handbooks shall be transmitted to each county clerk who shall provide each polling place with a sufficient number of copies.
History:
[34-1112, added 1970, ch. 140, sec. 184, p. 351; am. 1972, ch. 349, sec. 5, p. 1033.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1113 - IDENTIFICATION AT THE POLLS.

34-1113. IDENTIFICATION AT THE POLLS. All voters shall be required to provide personal identification before voting at the polls or at absent electors polling places as required by section 34-1006, Idaho Code. The personal identification that may be presented shall be one (1) of the following:
(1) An Idaho driver’s license or identification card issued by the Idaho transportation department;
(2) A passport or an identification card, including a photograph, issued by an agency of the United States government;
(3) A tribal identification card, including a photograph; or
(4) A license to carry concealed weapons issued under section 18-3302, Idaho Code, or an enhanced license to carry concealed weapons issued under section 18-3302K, Idaho Code.
History:
[34-1113, added 2010, ch. 246, sec. 2, p. 635; am. 2017, ch. 132, sec. 1, p. 310; am. 2023, ch. 27, sec. 1, p. 143.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 11 - CONDUCT OF ELECTIONS › Section 34-1114 - AFFIDAVIT IN LIEU OF PERSONAL IDENTIFICATION.

34-1114. AFFIDAVIT IN LIEU OF PERSONAL IDENTIFICATION. If a voter is not able to present personal identification as required in section 34-1113, Idaho Code, the voter may complete an affidavit in lieu of the personal identification. The affidavit shall be on a form prescribed by the secretary of state and shall require the voter to provide the voter’s name and address. The voter shall sign the affidavit. Any person who knowingly provides false, erroneous or inaccurate information on such affidavit shall be guilty of a felony.
History:
[34-1114, added 2010, ch. 246, sec. 3, p. 635.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1201 - CANVASS OF VOTES.

34-1201. CANVASS OF VOTES. (1) When the polls are closed, the judges must immediately proceed to count the ballots cast at such election. The counting must be continued without adjournment until completed and the result declared.
(2) If the precinct has duplicate ballot boxes, the counting may begin after five (5) ballots have been cast. At this time, the additional clerks shall close the first ballot box and retire to the counting area and count the ballots. Upon completion of this counting, the clerks shall return the ballot box and then proceed to count all of the ballots cast in the second box during this period. This counting shall continue until the polls are closed, at which time all election personnel shall complete the counting of the ballots.
(3) The county clerk may designate paper ballots be returned to a central count location for counting by special counting boards. If the paper ballots are to be counted at a central count location, a procedure may be adopted to deliver the voted ballots to the county clerk prior to the closing of the polls. The results of this early count shall not be released to the public until after 8:00 p.m. of election day.
(4) After being counted, all ballots shall be sealed and stored until such time as the recount period has passed or a recount has been completed. Ballots may be unsealed and resealed as part of a postelection audit conducted pursuant to section 34-1203A, Idaho Code.
History:
[34-1201, added 1970, ch. 140, sec. 185, p. 351; am. 2011, ch. 285, sec. 11, p. 783; am. 2020, ch. 78, sec. 1, p. 168; am. 2022, ch. 32, sec. 1, p. 89.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 12 - CANVASS OF VOTES › Section 34-1202 - COMPARISON OF POLL LISTS AND BALLOTS — VOID BALLOTS.

34-1202. COMPARISON OF POLL LISTS AND BALLOTS — VOID BALLOTS. The counting must commence by comparison of the ballots and the poll lists from the commencement, and a correction of any mistake that may be found therein, until they are found to agree. The ballot box shall be opened and the ballots found therein counted by the judges, unopened and the number of ballots in the box must agree with the number marked in the poll book as having received a ballot, and this number, together with the number of spoiled ballots, must agree with the number of stubs or counterfoils in the books from which the ballots have been taken. If the number of ballots issued does not agree with the number of stubs or counterfoils, the election judges shall have authority to make any decision to correct the situation; but this shall not be construed to allow the judges to void all ballots cast at that polling place.
When duplicate ballot boxes are used in a precinct, the duties herein prescribed shall be done after all of the votes have been tallied.
History:
[34-1202, added 1970, ch. 140, sec. 186, p. 351; am. 1995, ch. 215, sec. 15, p. 753.]