reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2118 - SECURITY FOR COSTS — ASSESSMENT OF COSTS AND FEES — ASSESSMENT OF ATTORNEY’S FEES.

34-2118. SECURITY FOR COSTS — ASSESSMENT OF COSTS AND FEES — ASSESSMENT OF ATTORNEY’S FEES. (1) The contestor must file with the secretary of state a bond in the amount of one thousand dollars ($1,000) conditioned to pay the contestee’s costs if the election be confirmed by the legislature.
(2) The parties are liable for witness fees and the costs of discovery made by them respectively. If the election is upheld by the legislature, the legislature may assess costs and fees, other than attorney’s fees, against the contestor. If the election is annulled by the legislature, the legislature may assess costs and fees, other than attorney’s fees, against the contestee.
(3) Attorney’s fees.
(a) Attorney’s fees may be awarded against the contestor if the legislature determines the contest of election is frivolous and has no foundation in law or fact.
(b) Attorney’s fees may be awarded against the contestee if the election is annulled by the legislature due to misconduct, fraud or corruption on the part of the contestee.
(4) If the election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the returns, the contest costs will be a charge against the county in which the fraud or error occurred.
(5) If a special election is called by the legislature pursuant to section 34-2119, Idaho Code, the costs associated with the special election will be allocated in equal amounts to the state of Idaho and the county or counties where the special election is held.
History:
[34-2118, added 2017, ch. 293, sec. 2, p. 773.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2119 - FORMS OF RELIEF.

34-2119. FORMS OF RELIEF. (1) The legislature must confirm or annul the election and must declare as elected the person who appears duly elected.
(2) If two (2) or more persons have the highest and an equal number of votes for the same office, or if the legal ballots cast or intended to be cast for them had been counted and they would have had the highest and an equal number of votes for the same office, then the election will be decided by lot, in a manner directed by the legislature, which of the persons receiving such votes will be declared duly elected.
(3) When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes will not be declared elected and the legislature must declare the election void.
(4) If a vacancy is created pursuant to this section, the legislature may declare the office vacant and order the office filled pursuant to chapter 9, title 59, Idaho Code.
(5) Notwithstanding the provisions of chapter 1 of this title, the legislature may call for a special election regarding a specific contested office in which an accurate vote count cannot be obtained or discovered by the legislature. The legislature has the authority to set the date of the special election and the office and candidates to be placed on the ballot. In setting a special election, the legislature may provide for a filing period and notice provisions for the election.
(6)(a) Upon a final decision and award of costs and fees against the contestor, the legislature may direct the secretary of state to pay the award from the bond provided in section 34-2118, Idaho Code.
(b) Upon a final decision and award of costs, fees or attorney’s fees against the contestor, and if the costs, fees and attorney’s fees exceed the amount of the bond filed pursuant to section 34-2118, Idaho Code, the contestee may petition the district court for execution of the award.
(c) Upon a final decision and award of costs and fees against the contestee, the contestor may petition the district court for execution of the award.
History:
[34-2119, added 2017, ch. 293, sec. 2, p. 773.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2120 - CONTEST OF NOMINATION AT PRIMARIES.

34-2120. CONTEST OF NOMINATION AT PRIMARIES. Any candidate at a primary election may contest the nomination of any candidate for the same office based on the grounds as set out in this chapter.
History:
[34-2120, added 2017, ch. 293, sec. 2, p. 774.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2121 - JURISDICTION OVER PRIMARY CONTESTS.

34-2121. JURISDICTION OVER PRIMARY CONTESTS. A district court in the respective legislative district has jurisdiction over the primary contest involving a legislative election. For election contests involving statewide executive offices, the district court whose jurisdiction includes the state capitol has jurisdiction.
History:
[34-2121, added 2017, ch. 293, sec. 2, p. 774.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2122 - FILING OF AFFIDAVIT.

34-2122. FILING OF AFFIDAVIT. A candidate wishing to contest a primary election must file an affidavit with the appropriate court within five (5) days of the completion of the canvass of the election. The affidavit must set forth information as required in section 34-2108, Idaho Code, and must be served on all necessary parties in the same manner as a complaint and summons are served pursuant to the Idaho rules of civil procedure.
History:
[34-2122, added 2017, ch. 293, sec. 2, p. 774.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2123 - SECURITY FOR COSTS.

34-2123. SECURITY FOR COSTS. Upon filing of the affidavit, the contestor must file with the court a bond in the amount of one thousand dollars ($1,000) to be used to pay costs of the contestee in the event the primary election be confirmed or the prosecution fail.
History:
[34-2123, added 2017, ch. 293, sec. 2, p. 774.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2124 - FRAUD OR ERROR BY THE ELECTION OFFICIAL.

34-2124. FRAUD OR ERROR BY THE ELECTION OFFICIAL. If the primary election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the election returns, the court costs must be a charge against the state of Idaho.
History:
[34-2124, added 2017, ch. 293, sec. 2, p. 774.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2125 - DISCOVERY.

34-2125. DISCOVERY. The court may order the production of such evidence as it deems necessary for the proper disposition of the primary contest pursuant to the Idaho rules of civil procedure. The election contest must be given priority on the court’s calendar.
History:
[34-2125, added 2017, ch. 293, sec. 2, p. 774.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2126 - REMEDIES.

34-2126. REMEDIES. Not more than ten (10) days after the hearing, the court must render an opinion in a primary contest as soon as practicable and must prescribe such remedies provided in this chapter as it deems just. The court may award attorney’s fees if the court finds the contest of nomination is frivolous and has no foundation in law or fact.
History:
[34-2126, added 2017, ch. 293, sec. 2, p. 775.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2127 - APPEALS.

34-2127. APPEALS. (1) In primary election contests, the party against whom judgment is rendered on cases filed in the district court may appeal to the supreme court. The appeal must be taken within ten (10) days of the judgment of the district court.
(2) The supreme court must give the primary contest appeal priority and in no case may it render a decision more than ten (10) days after the receipt of an appeal.
(3) The supreme court may award attorney’s fees if it finds the appeal is frivolous and has no foundation in law or fact.
History:
[34-2127, added 2017, ch. 293, sec. 2, p. 775.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 21 - ELECTION CONTESTS ACT › Section 34-2128 - COST ON APPEAL.

34-2128. COST ON APPEAL. The appellant must file a bond sufficient to cover the cost of appeal of a primary contest. The amount of the bond on appeal must be set by the court.
History:
[34-2128, added 2017, ch. 293, sec. 2, p. 775.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2201 - ELECTION OF DELEGATES.

34-2201. ELECTION OF DELEGATES. Whenever the Congress of the United States has proposed, or shall hereafter propose, an amendment to the Constitution of the United States, and proposes that it be ratified by conventions in the several states, the governor shall fix by proclamation the date of an election, subject to the provisions of section 34-106, Idaho Code, for the purpose of electing delegates to such convention in the state of Idaho. The proclamation for such election shall be issued by the governor under his hand and the great seal of the state of Idaho at least ninety (90) days before such election and copies thereof shall be transmitted to the board of county commissioners of the counties in which such elections are to be held. Such election shall be held at least as soon as the next general election occurring more than three (3) months after the amendment has been proposed by the Congress of the United States.
History:
[34-2201, added 1933, ch. 179, sec. 1, p. 328; am. 1995, ch. 118, sec. 47, p. 467.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2202 - QUALIFICATIONS OF VOTERS.

34-2202. QUALIFICATIONS OF VOTERS. At such election all persons qualified to vote for presidential electors shall be entitled to vote.
History:
[34-2202, added 1933, ch. 179, sec. 2, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2203 - ASCERTAINMENT AND CERTIFICATION OF RESULTS — GENERAL ELECTION LAWS APPLICABLE.

34-2203. ASCERTAINMENT AND CERTIFICATION OF RESULTS — GENERAL ELECTION LAWS APPLICABLE. Except as in this act otherwise provided, such election shall be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of presidential electors in this state, and all the provisions of the laws of this state relative to general elections, except in so far as inconsistent with sections 34-2201—34-2216, are hereby made applicable to such election.
History:
[34-2203, added 1933, ch. 179, sec. 3, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2204 - NUMBER OF DELEGATES.

34-2204. NUMBER OF DELEGATES. The number of delegates to be chosen to such convention shall be twenty-one (21), to be elected from the state at large.
History:
[34-2204, added 1933, ch. 179, sec. 4, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2206 - BALLOTS.

34-2206. BALLOTS. The election shall be by ballot, separate from any ballot to be used at the same election, which ballot shall be prepared as follows: It shall first state the substance of the proposed constitutional amendment. This shall be followed by appropriate instructions to the voter. It shall then contain perpendicular columns of equal width headed respectively, in plain type, "For Ratification" and "Against Ratification." In the column headed "For Ratification" shall be placed the names of the candidates nominated in favor of ratification. In the column headed" Against Ratification" shall be placed the names of the candidates nominated as against ratification. The voter shall indicate his choice by making one or more cross-marks in the appropriate spaces provided on the ballot. No ballot shall be held void because any such cross-mark is irregular in character. The ballot shall be so arranged that the voter may, by making a single cross-mark, vote for the entire group of candidates whose names are comprised in any column:
The ballot shall be in substantially the following form:
PROPOSED AMENDMENT TO THE CONSTITUTION
OF THE UNITED STATES
Delegates to the Convention to Ratify the
Proposed Amendment.
The Congress has proposed an amendment to the Constitution of the United States which provides (insert here the substance of the proposed amendment).
The Congress has also proposed that the said amendment shall be ratified by conventions in the several states.
INSTRUCTIONS TO VOTERS
Do not vote for more than 21 candidates altogether.
To vote for all candidates in favor of ratification, or for all candidates against ratification, make a cross-mark in the CIRCLE at the head of the list of candidates for whom you wish to vote. If you do this, make no other mark.
To vote for an individual candidate make a cross-mark in the SQUARE at the left of the name.
FOR RATIFICATION
AGAINST RATIFICATION
□ John Doe
□ Charles Coe
□ Richard Roe
□ Michael Moe
All circular spaces in said ballot shall be one-half (1/2) inch in diameter.
All square spaces in said ballot shall be one-half (1/2) inch square.
Except as herein otherwise provided, ballots and supplies for said election shall be prepared and furnished as provided by chapter 9 of this title.
History:
[34-2206, added 1933, ch. 179, sec. 6, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2207 - RESULT OF ELECTION — VACANCIES, HOW FILLED.

34-2207. RESULT OF ELECTION — VACANCIES, HOW FILLED. The twenty-one (21) candidates who shall receive respectively the highest numbers of the total number of votes cast at said election shall be the delegates to the convention. If there shall be a vacancy in the convention caused by the death or disability of any delegate or any other cause, the same shall be filled by appointment by the majority vote of the delegates comprising the group from which such delegate was elected and if the convention contains no other delegate of that group, shall be filled by the governor.
History:
[34-2207, added 1933, ch. 179, sec. 7, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2208 - MEETING AND ORGANIZATION OF DELEGATES.

34-2208. MEETING AND ORGANIZATION OF DELEGATES. The delegates to the convention shall meet and assemble in the house of representatives in the capitol at Boise, Idaho, on the twenty-eighth day after their election, at twelve (12) o’clock noon, and shall thereupon organize as, be and constitute a convention to pass upon the question of whether or not the proposed amendment shall be ratified.
History:
[34-2208, added 1933, ch. 179, sec. 8, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2209 - ORGANIZATIONAL POWERS OF CONVENTION.

34-2209. ORGANIZATIONAL POWERS OF CONVENTION. The convention shall be the judge of the election and qualification of its members; and shall have the power to elect its president, secretary and other officers and/or employees and to adopt its own rules.
History:
[34-2209, added 1933, ch. 179, sec. 9, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2210 - JOURNAL OF PROCEEDINGS.

34-2210. JOURNAL OF PROCEEDINGS. The convention shall keep a journal of its proceedings in which shall be recorded the vote of each delegate on the question of ratification of the proposed amendment. Upon final adjournment the journal shall be certified to by the president and secretary of the convention and be filed with the secretary of state.
History:
[34-2210, added 1933, ch. 179, sec. 10, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2211 - CERTIFICATE OF RATIFICATION.

34-2211. CERTIFICATE OF RATIFICATION. If the convention shall agree, by a vote of a majority of the total number of delegates, to the ratification of the proposed amendment, a certificate to that effect shall be executed by the president and secretary of the convention and transmitted to the secretary of state of this state, who shall transmit the certificate under the great seal of the state to the secretary of state of the United States.
History:
[34-2211, added 1933, ch. 179, sec. 11, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2212 - NO COMPENSATION — EXPENSES, HOW ALLOWED.

34-2212. NO COMPENSATION — EXPENSES, HOW ALLOWED. No delegate to a constitutional convention shall receive any compensation except that such delegate shall be paid his actual, necessary and reasonable expenses in traveling to and from and attendance at said convention.
History:
[34-2212, added 1933, ch. 179, sec. 12, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2213 - EXPENSES, HOW PAID.

34-2213. EXPENSES, HOW PAID. All the expenses of the constitutional convention and the expenses allowed delegates thereto shall be allowed and paid by the state of Idaho in the same manner as other claims against the state are allowed and paid, and from such appropriations as are, or may be, available therefor.
History:
[34-2213, added 1933, ch. 179, sec. 13, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2214 - FEDERAL STATUTE TO CONTROL.

34-2214. FEDERAL STATUTE TO CONTROL. If at or about the time of submitting any such amendment, Congress shall either in the resolution submitting the same or by statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the provisions of such statute or resolution such states as may theretofore have provided for constituting such conventions, the preceding provisions of this act shall be inoperative, the convention shall be constituted and shall operate as the said resolution or Act of Congress shall direct, and all officers of the state who may by the said resolution or statute be authorized or directed to take any action to constitute such a convention for this state are hereby authorized and directed to act thereunder and in obedience thereto with the same force and effect as if acting under a statute of this state.
History:
[34-2214, added 1933, ch. 179, sec. 14, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2215 - SEPARABILITY.

34-2215. SEPARABILITY. If any part or parts of sections 34-2201—34-2216 shall be adjudged by the courts to be unconstitutional or invalid, the same shall not effect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The legislature hereby declares that it would have passed the remaining parts of sections 34-2201—34-2216 if it had been known that such other part or parts thereof would be declared to be unconstitutional or invalid.
History:
[34-2215, added 1933, ch. 179, sec. 15, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 22 - CONSTITUTIONAL CONVENTION ACT › Section 34-2216 - SHORT TITLE.

34-2216. SHORT TITLE. This act, sections 34-2201—34-2216, may be cited as the "Constitutional Convention Act."
History:
[34-2216, added 1933, ch. 179, sec. 16, p. 328.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2301 - APPLICATION FOR RECOUNT OF BALLOTS.

34-2301. APPLICATION FOR RECOUNT OF BALLOTS. (1) Any candidate for federal, state, county or municipal office desiring a recount of the ballots cast in any nominating or general election or person supporting or opposing a state, county or city measure, may apply to the attorney general therefor, within twenty (20) days of the canvass of such election, by the state board of canvassers if for federal and state office, or within twenty (20) days of the canvass of such election by the county commissioners if for a county or municipal office.
(2) Candidates for all other offices and supporters and opponents to all other ballot measures desiring a recount may apply to the county clerk within twenty (20) days of the canvass of said election by the board of county commissioners.
History:
[34-2301, added 1957, ch. 198, sec. 1, p. 410; am. 1985, ch. 41, sec. 1, p. 84; am. 2009, ch. 341, sec. 64, p. 1035; am. 2011, ch. 285, sec. 15, p. 784.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2302 - PRECINCTS SPECIFIED FOR RECOUNT — REMITTANCE.

34-2302. PRECINCTS SPECIFIED FOR RECOUNT — REMITTANCE. In his application he shall state the precinct or precincts in which he desires recount to be made and shall remit to the attorney general or county clerk, pursuant to section 34-2301, Idaho Code, together with his application the sum of one hundred dollars ($100) for each such precinct in which he desires a recount made.
History:
[34-2302, added 1957, ch. 198, sec. 2, p. 410; am. 2011, ch. 285, sec. 16, p. 784.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2303 - BALLOTS ORDERED IMPOUNDED BY ATTORNEY GENERAL.

34-2303. BALLOTS ORDERED IMPOUNDED BY ATTORNEY GENERAL. Upon receiving the application for recount together with the remittance required by section 34-2302, Idaho Code, the attorney general or county clerk, pursuant to section 34-2301, Idaho Code, shall cause all ballot boxes used in such election in the precinct or precincts in which recount is to be made to be immediately impounded and taken into custody by the sheriff of the county or counties in which precinct or precincts are located. In the event that the recount is of the results of a primary election the ballot boxes used to hold the blank half of the ballot shall also be impounded.
History:
[34-2303, added 1957, ch. 198, sec. 3, p. 410; am. 2011, ch. 285, sec. 17, p. 784.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2304 - ORDER FOR RECOUNT — PROCEDURE — NOTICE.

34-2304. ORDER FOR RECOUNT — PROCEDURE — NOTICE. The attorney general or county clerk shall then issue an order for recount. The order shall name the prior election judges and clerks of the precinct to act in the same capacity and receive the same compensation as they did on election day. The order shall provide for the place where the recount is to be made; that all candidates named on the ballot for the office contested, or a representative of either or all of them, may be present to watch the counting; and that every other person interested may be present. The order shall state the date on which the recount is to be made which shall not be more than ten (10) days from the date of the order. Copies of the order shall be mailed to each candidate named on the ballot for the office to be recounted.
History:
[34-2304, added 1957, ch. 198, sec. 4, p. 410; am. 1985, ch. 41, sec. 2, p. 85; am. 2011, ch. 285, sec. 18, p. 785.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2305 - MANNER OF RECOUNTING.

34-2305. MANNER OF RECOUNTING. At the time and place fixed for recounting the ballots cast in any precinct all ballots shall be recounted in plain view of the candidates or their representatives. The recount shall commence at the time and place so ordered, and shall continue until the recount is finished and the results tabulated. The attorney general shall be the final authority concerning any question which arises during the recount for federal, state, county or municipal elections. The county prosecuting attorney shall be the final authority concerning any question that arises during the recount of other elections.
History:
[34-2305, added 1957, ch. 198, sec. 5, p. 410; am. 1985, ch. 41, sec. 3, p. 85; am. 2011, ch. 285, sec. 19, p. 785; am. 2012, ch. 211, sec. 10, p. 578.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2306 - DIFFERENCE REVEALED BY RECOUNT — CANDIDATE RELIEVED OF COSTS.

34-2306. DIFFERENCE REVEALED BY RECOUNT — CANDIDATE RELIEVED OF COSTS. If the results of the recount indicate a difference, which if projected across all the precincts of the office in question would change the result of the election in favor of the candidate requesting the recount or change in the measure being recounted, then the cost of such recount shall be borne by the county or state and the sums of money theretofore paid for the recount shall be returned to the candidate or person who requested the recount of a ballot measure.
In order to be relieved of the costs of the recount, the candidate or person must request that at least twenty (20) precincts containing not less than five thousand (5,000) votes cast be recounted if for a federal or state office or measure, or five (5) precincts containing not less than one thousand two hundred fifty (1,250) votes cast be recounted for a state legislative district office, or at least two (2) precincts having not less than five hundred (500) votes cast be recounted for a county office or measure, or two (2) precincts having not less than two hundred (200) votes cast to be recounted in city or district elections.
History:
[34-2306, added 1957, ch. 198, sec. 6, p. 410; am. 1985, ch. 41, sec. 4, p. 85; am. 2011, ch. 285, sec. 20, p. 785.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2307 - WHEN GENERAL RECOUNT ORDERED.

34-2307. WHEN GENERAL RECOUNT ORDERED. If the candidate or person who requested the recount is relieved of the costs of the recount as described in section 34-2306, Idaho Code, the attorney general, or the county prosecuting attorney for district offices, shall require a recount to be made in all the remaining precincts of the office in question. The state shall pay for a general recount of a federal, state, or legislative district office, while the county shall pay for a general recount of a county, city or district office.
History:
[34-2307, added 1985, ch. 41, sec. 6, p. 86; am. 2011, ch. 285, sec. 21, p. 786; am. 2012, ch. 211, sec. 11, p. 578.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2308 - CANDIDATE DISAGREEING WITH RECOUNT RESULTS — APPEAL.

34-2308. CANDIDATE DISAGREEING WITH RECOUNT RESULTS — APPEAL. (1) Any candidate or person may appeal the results of a recount or the determination that a recount is not necessary when:
(a) Any candidate for the office or the person on either side of a measure for which a recount has been requested disagrees with the results of the recount and alleges that the law has been misinterpreted or misapplied;
(b) It appears that a different application or interpretation of the law would have required a general recount where no general recount was ordered; or
(c) It appears that a different application or interpretation of the law would not have required a general recount where a general recount was ordered;
then the candidate claiming the misinterpretation or the misapplication of law may appeal to the district court in the county concerned if the office is a county, municipal or district office or to the district court in Ada county if the office is a federal or state office.
(2) The submittal on appeal shall be by brief and submitted within twenty-four (24) hours following the recount. The appeal submittal shall be served upon the attorney general of Idaho or the county prosecuting attorney within twenty-four (24) hours of filing it within the district court. The appeal submittal shall also be served upon the opposing candidate(s) or representatives of the pro and con sides of the ballot measure within twenty-four (24) hours of filing the appeal in the district court.
(3) The attorney general, in consultation with the secretary of state, may respond to the submittal by brief or the prosecuting attorney, in consultation with the county clerk, may respond for district elections.
(4) The opposing candidate(s) or parties, regarding a measure, may respond to the submittal by brief.
(5) At the discretion of the district court judge, a hearing may be ordered within five (5) days of the filing of the appeal. All parties required to be served with the appeal may participate fully in the hearing. The judge may determine that the appeal may be decided on the brief without a hearing.
(6) A decision thereon shall be given within five (5) days. Any appeal from the decision of the district court must be taken within twenty-four (24) hours after a decision is rendered. A decision on the appeal shall be given within five (5) days. No further appeal shall be allowed.
History:
[34-2308, added 1957, ch. 198, sec. 8, p. 410; am. 1985, ch. 41, sec. 7, p. 86; am. 2004, ch. 48, sec. 1, p. 233; am. 2011, ch. 285, sec. 22, p. 786.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2309 - FREE RECOUNT.

34-2309. FREE RECOUNT. A losing candidate for nomination, or election or person supporting or opposing a ballot measure, may request a recount of the votes cast for the nomination or election to that office or passage or failure of a measure if the difference between the vote cast for that candidate and for the winning candidate for nomination or election, or the difference between the yes and no votes on a measure, is less than or equal to one-tenth of one percent (0.1%) of the total votes cast for that office or five (5) votes, whichever is greater. All requests shall be in writing, and filed with the appropriate officer during the time mentioned in section 34-2301, Idaho Code.
The state shall pay for the recount of a federal, state, or legislative district office, or state measure while the county shall pay for the recount of a county, city or district office or measure.
History:
[34-2309, added 1985, ch. 41, sec. 9, p. 87; am. 1986, ch. 97, sec. 3, p. 276; am. 2011, ch. 285, sec. 23, p. 786; am. 2015, ch. 282, sec. 7, p. 1149; am. 2015, ch. 287, sec. 1, p. 1159.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2310 - “COSTS” DEFINED.

34-2310. "COSTS" DEFINED. As used in this chapter, costs of recount shall include the following:
(1) Travel costs of the office of the attorney general including meals and lodging.
(2) Normal hourly rate for election judges and clerks who are not employees of the county.
(3) Mileage for election judges who are not employees of the county.
(4) Any other costs directly attributable to the recount.
History:
[34-2310, added 1985, ch. 41, sec. 10, p. 87.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 23 - RECOUNT OF BALLOTS › Section 34-2313 - RECOUNT PROCEDURES FOR AUTOMATED TABULATION SYSTEMS.

34-2313. RECOUNT PROCEDURES FOR AUTOMATED TABULATION SYSTEMS. (1) To ensure the accuracy of automated vote tabulation systems, the county clerk shall follow the recount procedures provided in this section.
(2) The votes from a random selection of ballots shall be tallied by hand and the votes from the same ballots shall be tabulated by an electronic ballot tabulating system. For statewide and federal office or a statewide measure, the number of ballots to be tallied and tabulated shall be equal to at least two (2) precincts of the ballots cast in each county. For all other offices or measures, the number of ballots to be tallied and tabulated shall be equal to the greater of one hundred (100) or five percent (5%) of the ballots cast for the office or measure, distributed by county where applicable.
(3) For a statewide or federal office or a statewide measure, if the results of the hand-tally and the automated vote tally system tabulation within the county differ by one-fourth of one percent (.25%) or less, the remaining ballots shall be recounted using automated vote tabulating systems. Otherwise, the remaining ballots shall be recounted by hand.
(4) For other offices and ballot measures, if the results of the hand-tally and electronic vote tabulating system tabulation differ by less than one percent (1%), or two (2) votes, whichever is greater, the remaining ballots shall be recounted using automated vote tabulating systems. Otherwise, the remaining ballots shall be recounted by hand.
History:
[34-2313, added 2011, ch. 285, sec. 24, p. 787.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2401 - DEFINITIONS.

34-2401. DEFINITIONS. As used in this chapter:
(1) "Ballot" means any material used or the voting surface of a direct recording electronic system on which votes are cast for offices, candidates and measures.
(2) "Ballot card" means the tabulating card or cards of any size upon which the voter records his vote.
(3) "Ballot label" means the cards, papers, booklet or other material containing the names of offices and candidates and measures to be voted on.
(4) "Election" means all state, county, city, district and other political subdivision elections including bond issue elections.
(5) "Governing body" means the board of county commissioners of any county or the governing body of any city, district or other political subdivision elections including bond issue elections.
(6) "Measure" means a proposed law, act or part of an act of the legislative assembly or amendment to the constitution of the state of Idaho to be submitted to the people for their approval or rejection at an election. "Measure" also means other propositions which can be submitted to the voters at any election by counties, cities, districts or other political subdivisions.
(7) "Model" means a mechanically operated model of a portion of the face of the machine illustrating the means of voting.
(8) "Precinct" includes all election districts.
(9) "Voting machine" means:
(a) Any mechanical or electronic device which will record every vote cast by any voter on candidates and measures and which will either internally or externally total all votes cast on that device;
(b) Any device into which a ballot card may be inserted and which is so designed and constructed that the vote for any candidate or measure may be indicated by punching or marking the ballot card.
(10) "Vote tally system" means one (1) or more pieces of machinery or equipment necessary to examine and tally automatically paper ballots having marks placed thereon by a written mark or by a marking stamp. The examination shall be accomplished by either mark sensing or optical scanning.
History:
[34-2401, added 1970, ch. 140, sec. 132, p. 351; am. 1974, ch. 3, sec. 1, p. 17; am. 2001, ch. 272, sec. 3, p. 994; am. 2003, ch. 48, sec. 14, p. 187.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2402 - AUTHORITY TO USE.

34-2402. AUTHORITY TO USE. It is the policy of this state that at all elections, including bond issue elections, that ballots or votes may be cast, registered, recorded and counted by means of voting machines or vote tally systems as provided in this chapter.
History:
[I.C., sec. 34-2402, as added by 1974, ch. 3, sec. 3, p. 17.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2403 - APPLICABILITY OF OTHER LAWS.

34-2403. APPLICABILITY OF OTHER LAWS. All election laws, including, but not limited to, bond election laws, city charters or ordinances, not inconsistent with this chapter, shall apply to all elections in election precincts where voting machines or vote tally systems are used. No provision of law, city charter or ordinance which in any way conflicts with this chapter or with the use of voting machines or vote tally systems as provided in this chapter, shall operate to prohibit use of voting machines or vote tally systems in any election or bond issue election.
History:
[I.C., sec. 34-2403, as added by 1974, ch. 3, sec. 5, p. 17.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2404 - TAMPERING WITH MACHINES PROHIBITED.

34-2404. TAMPERING WITH MACHINES PROHIBITED. (1) No person shall:
(a) Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election.
(b) Tamper with any voting machine or vote tally system that has been used in an election.
(c) Prevent or attempt to prevent the correct operation of any voting machine or vote tally system.
(2) An unauthorized person shall not make or have in his possession a key to a voting machine to be used or being used in an election.
(3) Neither the secretary of state nor any officer or employee of any county, city, district or other political subdivision using voting machines or vote tally systems, shall solicit or accept any compensation, other than amounts paid by the governmental unit, in connection with the sale, lease or use of voting machines or vote tally systems.
History:
[34-2404, added 1970, ch. 140, sec. 135, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2405 - AUTHORITY FOR PROCUREMENT OF MACHINES.

34-2405. AUTHORITY FOR PROCUREMENT OF MACHINES. (1) After consultation with the county clerk as chief elections officer of his county, the governing body at any regular meeting or a special meeting called for the purpose, may rent, purchase or otherwise procure, and provide for the use of, in all or a portion of the election precincts of the county, any voting machine or vote tally system which the governing body deems to be in the best interest of that county and which machine or system is approved by the secretary of state.
(2) Thereafter the voting machine or vote tally system shall be used for voting and for receiving, registering and counting the votes in all primary and general elections held in such precincts.
(3) In all other elections, the voting machine or vote tally system may be used for voting, receiving, registering and counting the votes at the direction of the county clerk.
History:
[34-2405, added 1970, ch. 140, sec. 136, p. 351; am. 1972, ch. 129, sec. 1, p. 257.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2406 - JOINT PURCHASE AND USE OF MACHINES AUTHORIZED.

34-2406. JOINT PURCHASE AND USE OF MACHINES AUTHORIZED. (1) In procuring the necessary voting machines or vote tally systems to be used, a governing body of any county, city, district or other political subdivision in the county, may by agreement entered into by the board of county commissioners and the governing bodies of cities, districts or other political subdivisions, provide for the joint purchase and subsequent ownership of voting machines or vote tally systems and for the care, maintenance and use of the machines or vote tally systems.
(2) The governing body of two (2) or more counties may by agreement provide for the joint use of voting machines or vote tally systems.
History:
[34-2406, added 1970, ch. 140, sec. 137, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2407 - PURCHASE OF MACHINES — MANNER OF PAYMENT.

34-2407. PURCHASE OF MACHINES — MANNER OF PAYMENT. (1) The governing body may, on the adoption and purchase of voting machines or vote tally systems, provide for their payment in the method it determines to be for the best interest of the county, city, district or other political subdivision. The governing body may make contracts for the purchase of the machines or vote tally systems with such provisions with regard to price, manner of purchase and time of payment that the governing body determines are proper.
(2) For the purpose of paying for voting machines or vote tally systems, the governing body may:
(a) Issue bonds, warrants, notes or other negotiable obligations. The bonds, warrants, certificates, notes or other obligations shall be a charge upon the county, city, district or other political subdivisions.
(b) Pay for the voting machines or vote tally system in cash out of the general fund.
(c) Provide for the payment for the voting machines or vote tally systems by other means.
(3) In estimating the amount of taxes for the general fund, if any, the amount required for payment for voting machines or vote tally systems shall be added, extending over the time required to pay for the machines or vote tally systems.
History:
[34-2407, added 1970, ch. 140, sec. 138, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2408 - PRIOR APPROVAL REQUIRED FOR ISSUANCE OF BONDS.

34-2408. PRIOR APPROVAL REQUIRED FOR ISSUANCE OF BONDS. The governing body of any county shall, prior to authorizing the issuance of bonds obtain the approval in writing of the secretary of state as to the type and number of machines or vote tally systems to be purchased and the price to be paid therefor.
History:
[34-2408, added 1970, ch. 140, sec. 139, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2410 - SPECIFICATIONS FOR VOTING MACHINES OR VOTE TALLY SYSTEMS.

34-2410. SPECIFICATIONS FOR VOTING MACHINES OR VOTE TALLY SYSTEMS. (1) No voting machine or vote tally system shall be approved by the secretary of state unless it is constructed so that it:
(a) Secures to the voter secrecy in the act of voting.
(b) Provides facilities for voting for the candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted.
(c) Permits the voter to vote for any person for any office and upon any measure that he has the right to vote for.
(d) Permits the voter, except at primary elections, to vote for all the candidates of one (1) party or in part for the candidates of one (1) party and in part for the candidates of one or more other parties.
(e) Permits the voter to vote for as many persons for an office as he is lawfully entitled to vote for but no more.
(f) Prevents the voter from voting for the same person more than once for the same office.
(g) Correctly registers or records all votes cast for any and all persons and for or against any and all measures.
(h) Can be adjusted so that the counting mechanism rejects any vote cast on the tabulating card in excess of the number which the voter is entitled to vote.
(i) Provides that a vote for more than one (1) candidate cannot be cast by one (1) single operation of the machine or vote tally system.
(2) A vote tally system shall be:
(a) Capable of correctly counting votes on ballots or ballot cards on which the proper number of votes have been marked for any office or question or issue that has been voted.
(b) Capable of ignoring the votes marked for any office or question or issue where more than the allowable number of votes have been marked, but shall correctly count the properly voted portions of the ballot card.
(c) Capable of accumulating a count of the specific number of ballots or ballot cards tallied for a precinct, accumulating total votes by a candidate for each office; and accumulating total votes for and against each question and issue of the ballots or ballot cards tallied for a precinct.
(d) Capable of tallying votes from ballots or ballot cards of different political parties, from the same precinct, in the case of a primary election.
(e) Capable of accommodating rotation of candidates’ names on the ballot or ballot card, provided that all ballots or ballot cards from one (1) precinct shall be of the same rotation sequence.
(f) Capable of automatically producing precinct totals in either printed, marked, or punched form, or combinations thereof.
History:
[34-2410, added 1970, ch. 140, sec. 141, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2411 - DUTIES OF CLERKS OF ELECTION BOARDS.

34-2411. DUTIES OF CLERKS OF ELECTION BOARDS. (1) The secretary of state shall issue an administrative order outlining the duties of each of the clerks on the election board. He shall devise and prescribe for use by each local election officer the contents, form, character and kinds of ballots, ballot labels, ballot cards, formats, records, papers and documents and other materials and supplies and procedures necessary in the use of voting machines or vote tally systems and in the process of counting and tabulating the ballots by mechanical or electrical counting devices or equipment or computers.
(2) The secretary of state shall prescribe rules and regulations to achieve and maintain the maximum degree of correctness, impartiality and efficiency on the procedures of voting, and of counting, tabulating and recording votes, by the devices, machines or vote tally systems and methods provided by this act.
History:
[34-2411, added 1970, ch. 140, sec. 142, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2412 - COMPOSITION OF PRECINCT ELECTION BOARDS.

34-2412. COMPOSITION OF PRECINCT ELECTION BOARDS. (1) The election board of each election precinct in which a voting machine or vote tally system is used shall consist of an election judge and one (1) or more clerks. 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 at least sixty (60) days prior to the primary election. The county clerk shall establish the number of election board clerks.
(2) The qualifications and duties of election judges shall apply to the appointment of election board clerks in counties or precincts where voting machines or vote tally systems are used.
History:
[34-2412, added 1970, ch. 140, sec. 143, p. 351; am. 1974, ch. 75, sec. 1, p. 1162; am. 1989, ch. 346, sec. 1, p. 873; am. 2012, ch. 211, sec. 12, p. 578.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2413 - PREPARATION OF MACHINES FOR USE — INSTRUCTIONS.

34-2413. PREPARATION OF MACHINES FOR USE — INSTRUCTIONS. (1) Before each election at which voting machines or vote tally systems are to be used, the county clerk of a county, in which voting machines or vote tally systems are to be used, shall cause them to be properly prepared and shall cause the election board to be properly instructed in their use.
(2) For the purpose of giving such instruction, the county clerk shall call the meeting or meetings of the election board that are necessary. Each election board shall attend the meetings and receive the instruction necessary for the proper conduct of the election with the machine or vote tally system.
(3) No election board judge or clerk shall serve in any election at which a voting machine or vote tally system is used unless he has received the required instruction and is fully qualified to perform the duties in connection with the machine or vote tally system; but this requirement shall not prevent the appointment of an election board clerk to fill a vacancy in an emergency.
History:
[34-2413, added 1970, ch. 140, sec. 144, p. 351; am. 2012, ch. 211, sec. 13, p. 579.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2414 - PRINTED MATTER AND SUPPLIES.

34-2414. PRINTED MATTER AND SUPPLIES. (1) The election officer charged with the duty of providing ballots shall provide all necessary instruction, forms and supplies required for the proper use of the voting machines or vote tally systems.
(2) Within a proper and reasonable time before the first election at which voting machines or vote tally systems are to be used, the secretary of state shall prepare samples of the printed matter and supplies required. He shall furnish one (1) of each of the samples to the election officer in charge of the election of each county, city, district or other political subdivision in which the machines or vote tally systems are to be used.
(3) The county clerk or other election officer shall deliver voting machines to each election board as provided for election supplies.
History:
[34-2414, added 1970, ch. 140, sec. 145, p. 351.]