IDCODE

CHAPTER 1 DEFINITIONS

Section.

34-101. “General election” defined — Offices to be filled — Constitutional amendments.

“General election” means the national, state and county election held on the first Tuesday succeeding the first Monday of November in each even-numbered year.

At these elections there shall be chosen all congressional, state and county officers, including electors of president and vice-president of the United States, as are by law to be elected in such years.

All amendments to the Idaho constitution shall be submitted to the voters for their approval at these elections.

History.

1970, ch. 140, § 1, p. 351; am. 1971, ch. 194, § 1, p. 881.

STATUTORY NOTES

Cross References.

Campaign contributions, expenditures and lobbyist registration,§ 67-6601 et seq.

Prior Laws.

Former§§ 34-101 to 34-105, which comprised 1890-1891, p. 57, §§ 1, 5 (in part), and 160; reen. 1899, p. 33, §§ 1, 5 (in part), and 156; am. R.C., §§ 344 to 346; C.L., §§ 344 to 346; C.S., §§ 488 to 490; I.C.A.,§§ 33-101 to 33-103; 1953, ch. 158, §§ 1, 2, p. 252; am. 1961, ch. 19, § 1, p. 21, were repealed by S.L. 1970, ch. 140, § 202.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

Decisions Under Prior Law

General Election.

“General election” is the election at which all state officers are elected; whether election is general or special is determined, not by date on which it is held or authority which designates such date, but by character of election. Doan v. Board of County Comm’rs, 3 Idaho 38, 26 P. 167 (1891).

Words “general election,” as generally used in constitutions and statutes, have reference to general elections held for the purpose of electing state and county officers. Kessler v. Fritchman, 21 Idaho 30, 119 P. 692 (1911).

34-102. “Primary election” defined — Purposes.

“Primary election” means an election held for the purpose of nominating persons as candidates of political parties for election to offices, and for the purpose of electing persons as members of the controlling committees of political parties. Primary elections, with the exception of presidential primaries, shall be held on the third Tuesday of May in each even-numbered year.
“Presidential primary” means an election held for the purpose of allowing voters to express their choice of candidate for nomination by a political party for president of the United States. A presidential primary shall be held on the second Tuesday in March in each presidential election year.

History.

1970, ch. 140, § 2, p. 351; am. 1971, ch. 194, § 2, p. 881; am. 1975, ch. 174, § 11, p. 469; am. 1979, ch. 309, § 1, p. 833; am. 2011, ch. 11, § 10, p. 24; am. 2012, ch. 33, § 1, p. 103; am. 2015, ch. 292, § 1, p. 1166.

STATUTORY NOTES

Prior Laws.

Former§ 34-102 was repealed. See Prior Laws,§ 34-101.

Amendments.

The 2011 amendment, by ch. 11, substituted “third Tuesday of May” for “fourth Tuesday of May” in both paragraphs.

The 2012 amendment, by ch. 33, deleted the former second paragraph, which read: “‘Presidential primary’ or ‘presidential preference primary’ means an election held for the purpose of allowing voters to express their choice for candidates for nominations for president of the United States. Presidential primary elections shall be held in conjunction with the primary election, on the third Tuesday of May in each presidential election year.”

The 2015 amendment, by ch. 292, designated the existing provisions of the section as subsection (1), added subsection (2), and inserted “with the exception of presidential primaries” near the end of subsection (1).

Effective Dates.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

Section 15 of S.L. 2012, ch. 33 declared an emergency. Approved March 1, 2012.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

34-103. “Special election” defined.

“Special election” means any election other than a general or primary election held at any time for any purpose provided by law.

History.

1970, ch. 140, § 3, p. 351; am. 1971, ch. 194, § 3, p. 881.

STATUTORY NOTES

Prior Laws.

Former§ 34-103 was repealed. See Prior Laws,§ 34-101.

34-104. “Qualified elector” defined.

“Qualified elector” means any person who is eighteen (18) years of age, is a United States citizen and who has resided in this state and in the county at least thirty (30) days next preceding the election at which he desires to vote, and who is registered as required by law.

History.

1970, ch. 140, § 4, p. 351; am. 1971, ch. 194, § 4, p. 881; am. 1972, ch. 350, § 1, p. 1036; am. 1973, ch. 304, § 1, p. 646; am. 1982, ch. 253, § 1, p. 645.

STATUTORY NOTES

Cross References.

Qualifications of electors,§ 34-402.

Registration of electors,§ 34-404.

Prior Laws.

Former§ 34-104 was repealed. See Prior Laws,§ 34-101.

OPINIONS OF ATTORNEY GENERAL

Residency.

Individuals who have been committed as involuntary patients in a mental illness facility located in a county other than their county of residence before the commitment do not become eligible to register to vote in the county of their commitment solely on the basis of being in that county during their term of commitment.OAG 2014-1.

34-105. “Registered elector” defined.

“Registered elector”, for the purpose of this act, means any “qualified elector”.

History.

1970, ch. 140, § 5, p. 351; am. 1971, ch. 194, § 5, p. 881.

STATUTORY NOTES

Prior Laws.

Former§ 34-105 was repealed. See Prior Laws,§ 34-101.

Compiler’s Notes.

The term “this act” refers to S.L. 1971, Chapter 194, which is presently codified as§§ 34-101 to 34-105, 34-107, 34-108, and 34-117. The reference probably should be to “this title,” being title 34, Idaho Code.

34-106. Limitation upon elections.

On and after January 1, 2011, notwithstanding any other provisions of the law to the contrary, there shall be no more than two (2) elections conducted in any county in any calendar year, except as provided in this section, and except that elections to fill vacancies in the United States house of representatives shall be held as provided in the governor’s proclamation.

The dates on which elections may be conducted are:
1. The third Tuesday in May of each year; and
2. The Tuesday following the first Monday in November of each year.
3. In addition to the elections specified in paragraphs (a) and (b) of this subsection and subsection (7) of this section, an emergency election may be called upon motion of the governing board of a political subdivision. An emergency exists when there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for a national or local defense, or it is necessary to do emergency work to safeguard life, health or property.
4. In addition to the elections specified elsewhere in this section, a presidential primary shall be held on the second Tuesday in March in each presidential election year. Presidential primaries shall be held separately from other primary elections, which shall be held on the third Tuesday in May even in presidential election years.
Candidates for office elected in May shall take office on the date specified in the certificate of election but not more than sixty (60) days following the election.
Candidates for office elected in November shall take office as provided in the constitution, or on January 1, next succeeding the November election.
The governing board of each political subdivision subject to the provisions of this section, which, prior to January 1, 2011, conducted an election for members of that governing board on a date other than a date permitted in subsection (1) of this section, shall establish as the election date for that political subdivision the date authorized in subsection (1) of this section which falls nearest the date on which elections were previously conducted, unless another date is established by law.
The secretary of state is authorized to provide such assistance as necessary, and to prescribe any needed rules or interpretations for the conduct of election authorized under the provisions of this section.
Water districts governed by chapter 6, title 42, Idaho Code, are exempt from the provisions of this section.
Community colleges governed by chapter 21, title 33, Idaho Code, and school districts are subject to the limitations specified in subsection (1) of this section, except that school districts may also hold an election on the second Tuesday in March of each year and on the last Tuesday in August of each year on bonded indebtedness and property tax levy questions.
A city initiative or referendum election shall be held on the Tuesday following the first Monday in November of odd-numbered years. A county initiative or referendum election or a bond, levy and any other ballot question elections conducted by any political subdivision shall be held on the nearest date authorized in subsection (1) of this section which falls more than sixty (60) days after the clerk of the political subdivision orders that such election shall be held in May or November of even-numbered years or more than fifty (50) days after the order for all other elections, unless otherwise provided by law. Ballot language for any question to be placed on the ballot shall be submitted to the county clerk at least sixty (60) days before an election held in May or November of even-numbered years and at least fifty (50) days before all other elections. (9) Recall elections may be held on any of the four (4) dates authorized in subsections (1) and (7) of this section that fall more than forty-five (45) days after the clerk of the political subdivision orders that such election shall be held.

(10) Irrigation districts governed by title 43, Idaho Code, are subject to the limitations specified in subsection (1) of this section, except that irrigation districts may also hold an election on the first Tuesday in February of each year and on the first Tuesday in August of each year on questions required to be voted upon by title 43, Idaho Code.

History.

I.C.,§ 34-106, as added by 1992, ch. 176, § 2, p. 553; am. 1993, ch. 313, § 3, p. 1157; am. 2007, ch. 92, § 2, p. 271; am. 2009, ch. 341, § 55, p. 993; am. 2010, ch. 185, § 6, p. 382; am. 2011, ch. 11, § 11, p. 24; am. 2013, ch. 135, § 3, p. 307; am. 2015, ch. 285, § 1, p. 1155; am. 2015, ch. 292, § 2, p. 1166; am. 2018, ch. 238, § 1, p. 557.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-106, which comprised 1970, ch. 140, § 6, p. 351, was repealed by S.L. 1973, ch. 123, § 1, p. 233.

Another former§ 34-106, which comprised S.L. 1959, ch. 145, § 1, was repealed by S.L. 1961, ch. 22, § 1.

Amendments.

The 2007 amendment, by ch. 92, inserted “but not including community colleges governed by chapter 21, title 33, Idaho Code” in subsection (6).

The 2009 amendment, by ch. 341, rewrote the section to the extent that a detailed comparison is impracticable.

The 2010 amendment, by ch. 185, in subsection (8), deleted “except school districts” following “any political subdivision” and inserted the reference to subsection (7).

The 2011 amendment, by ch. 11, in paragraph (1)(c) inserted “and subsection (7) of this section” in the first sentence and deleted the former last sentence, which read: “Such a special election, if conducted by the county clerk, shall be conducted at the expense of the political subdivision submitting the question”; in subsection (8), deleted “recall” following “referendum” near the beginning and substituted “subsection (1) of this section” for “subsections (1) and (7) of this section” near the middle; and rewrote subsection (9), which formerly read: “Recall elections may be held on a different date as authorized in subsections (1) and (7), and on the second Tuesday of March and the last Tuesday of August, as determined by the county clerk after receipt of necessary petitions.” The 2013 amendment, by ch. 135, in subsection (8), substituted “sixty (60) days” for “forty-five (45) days” and inserted “in May and November of even-numbered years and fifty (50) days for all other elections” in the first sentence and added the last sentence.

This section was amended by two 2015 acts which appear to be compatible and have been compiled together.

The 2015 amendment, by ch. 285, added the second sentence in subsection (8).

The 2015 amendment, by ch. 292, added paragraph (1)(d).

The 2018 amendment, by ch. 238, in subsection (8), added the first sentence, substituted “A county initiative or referendum election or a bond” for “Initiative, referendum, bond” at the beginning of the second sentence, and substituted “or November of even-numbered years or more than fifty (50) days after the order” for “and November of even-numbered years and fifty (50) days” near the end, deleted the former second sentence, which read: “City initiative and referendum elections shall be held in November of odd-numbered years as provided by section 34-1801B, Idaho Code”, and, in the last sentence, substituted “and election held in May or November” for “the election held in May and November” and “before all other elections” for “for all other elections”.

Legislative Intent.

Section 1 of S.L. 1992, ch. 176 read: “It is the finding of the legislature that the process of exercising the elective franchise should be made as accessible as possible for as many citizens as possible. The provisions of this bill will achieve a significant consolidation of elections on four (4) election dates in each year. In addition, this election code, which applies to the various political subdivisions of the state of Idaho, will assure access to the nominating process, registration of potential electors, absentee voting opportunity and an increased visibility of the electoral process to assure public access and increased participation. At a future date, it may be warranted to further consolidate elections as events demonstrate that need. The goal of providing increased visibility for the electoral process will be well served by this consolidation of elections, by the increased public notice of filing and election deadlines, and the public education which will accompany the implementation of this act.”

Compiler’s Notes.

Section 3 of S.L. 2007, ch. 92 provides: “Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”

Effective Dates.

Section 15 of S.L. 1993, ch. 313 provided that the act shall be in full force and effect on January 1, 1994.

Section 4 of S.L. 2007, ch. 92 declared an emergency. Approved March 20, 2007.

Section 161 of S.L. 2009, ch. 341 provided that the act should take effect on and after January 1, 2011. Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

Section 14 of S.L. 2013, ch. 135 declared an emergency. Approved March 22, 2013.

JUDICIAL DECISIONS

Cited in:

in: Shoshone-Bannock Tribes v. Fish & Game Comm’n, 42 F.3d 1278 (9th Cir. 1994).

34-106A. “Special presidential and congressional elector” defined. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised I.C.,§ 34-106A, as added by 1971, ch. 194, § 6, was repealed by S.L. 1972, ch. 350, § 2.

34-107. “Residence” defined.

“Residence,” for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence.
In determining what is a principal or primary place of abode of a person the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, situs of residence for which the exemption in section 63-602G, Idaho Code, is filed, and motor vehicle registration.
A qualified elector who has left his home and gone into another state or territory or county of this state for a temporary purpose only shall not be considered to have lost his residence.
A qualified elector shall not be considered to have gained a residence in any county or city of this state into which he comes for temporary purposes only, without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there.
If a qualified elector moves to another state, or to any of the other territories, with the intention of making it his permanent home, he shall be considered to have lost his residence in this state.

History.

1970, ch. 140, § 7, p. 351; am. 1971, ch. 194, § 7, p. 881; am. 1982, ch. 215, § 1, p. 589; am. 1989, ch. 147, § 1, p. 354; am. 1996, ch. 322, § 34, p. 1029.

Section 4 of S.L. 1972, ch. 350 declared an emergency. Approved March 31, 1972.

Section 7 of S.L. 1982, ch. 137 declared an emergency. Approved March 22, 1982.

34-111A. “Electronic poll book” defined.

“Electronic poll book” means an electronic list of registered voters for a particular precinct or polling location that may be transported to the polling location. The electronic poll book shall contain the same information as the combination election record and poll book as defined in this chapter.

History.

I.C.,§ 34-111A, as added by 2015, ch. 282, § 1, p. 1147.

1970, ch. 140, § 15, p. 351.

STATUTORY NOTES

Compiler’s Notes.

The bracketed word “include” was inserted by the compiler to correct the syntax of the sentence.

34-116. Calendar days used in computation of time.

Calendar days shall be used in all computations of time made under the provisions of this act. In computing time for any act to be done before any election, the first day shall be included and the last, or election day, shall be excluded. Sundays, Saturdays and legal holidays shall be included, but if the time for any act to be done shall fall on Sunday, Saturday or a legal holiday, such act shall be done upon the day following such Sunday, Saturday or legal holiday.

History.

1970, ch. 140, § 16, p. 351; am. 1995, ch. 215, § 1, p. 747.

STATUTORY NOTES

Compiler’s Notes.

The term “this act” refers to S.L. 1970, Chapter 140, which is compiled throughout Title 34 of the Idaho Code. The reference probably should be to “this title,” being title 34, Idaho Code.

Effective Dates.

Section 16 of S.L. 1995, ch. 215 declared an emergency. Approved March 17, 1995.

JUDICIAL DECISIONS

Cited in:

in: Herrmann v. State (In re Herrmann), 162 Idaho 682, 403 P.3d 318 (Ct. App. 2017).

34-117. “Judicial nominating election” defined.

“Judicial nominating election” means an election held for the purpose of selecting justices of the supreme court and judges of the district court as are by law to be selected at such election. This election shall be held on the date of the statewide primary election.

History.

I.C.,§ 34-117, as added by 1971, ch. 194, § 9, p. 881.

CHAPTER 2 DUTIES OF OFFICERS

Section.

34-201. Secretary of state chief election officer.

The secretary of state is the chief election officer of this state, and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws.

The secretary of state is responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed service voters and overseas voters with respect to elections for federal office as required by section 102 of the uniformed and overseas citizens absentee voting act (42 U.S.C. section 1973 et seq.).

If a national or local emergency or other situation arises which makes substantial compliance with the provisions of the uniformed and overseas citizens absentee voting act impossible or unreasonable, such as a natural disaster or an armed conflict involving United States armed forces, mobilization of those forces, including state national guard and reserve components of this state, the secretary of state may prescribe, by directive, such special procedures or requirements as may be necessary to facilitate absentee voting by those citizens directly affected who otherwise are eligible to vote in this state.

History.

1970, ch. 140, § 17, p. 351; am. 2003, ch. 48, § 1, p. 181.

STATUTORY NOTES

Cross References.

Penalty for official neglect or malfeasance,§ 18-2301.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§§ 34-201 to 34-207, which comprised 1890-1891, p. 57, §§ 6 to 11; reen. 1899, p. 33, §§ 6 to 11; reen. R.C., §§ 347 to 352; 1913, ch. 114, p. 433; C. L., §§ 347 to 352; C. S., §§ 491 to 497; 1921, ch. 216, § 1, p. 473; I.C.A.,§§ 33-201 to 33-207; 1945, ch. 135, §§ 1, 2, p. 204; 1959, ch. 221, § 9, p. 484; am. 1961, ch. 9, § 1, p. 11; am. 1963, ch. 83, § 1, p. 277; am. 1965, ch. 115, § 1, p. 223; am. 1965, ch. 315, §§ 1, 2, p. 878; am. 1969, ch. 115, §§ 1, 2, p. 373, were repealed by S.L. 1970, ch. 140, § 203.

Federal References.

Prior Laws.

Former§ 34-204 was repealed. See Prior Laws,§ 34-201.

Amendments.

The 2015 amendment, by ch. 292, substituted “section 34-201, Idaho Code” for “section 17” near the beginning of the first sentence.

34-205. Duties of secretary of state relating to election laws.

The secretary of state shall:

Prepare and cause to be printed, in appropriate and convenient form, periodic compilations and digests of the election laws.
Distribute in appropriate quantities to the county clerks for use by such county clerks and by election boards, copies of such compilations and digests and the sample form of such supplies and materials necessary to conduct elections as the secretary of state considers appropriate, including poll books, tally sheets, return sheets and abstract of vote sheets.
Make such compilations and digests available for distribution, free or at cost, to interested persons.

History.

1970, ch. 140, § 21, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-205 was repealed. See Prior Laws,§ 34-201.

34-206. General supervision of administration of election laws by county clerks.

Subject to and in accordance with the directives and instructions prepared and distributed or given under the authority of the secretary of state, each county clerk shall exercise general supervision of the administration of the election laws by each local election official in his county for the purpose of achieving and maintaining a maximum degree of correctness, impartiality, efficiency and uniformity in such administration by local election officials. Such directives and instructions shall be directed to and shall be complied with by each local election official affected thereby.

History.

1970, ch. 140, § 22, p. 351; am. 1971, ch. 69, § 1, p. 155.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-206 was repealed. See Prior Laws,§ 34-201.

JUDICIAL DECISIONS

Cited in:

in: Cenarrusa v. Peterson, 95 Idaho 395, 509 P.2d 1316 (1973).

34-207. Directives of county clerks. [Repealed.]

STATUTORY NOTES

Prior Laws.

A former§ 34-207 was repealed by S.L. 1970, ch. 140, § 203. See Prior Laws,§ 34-201.

Compiler’s Notes.

This section, which comprised § 23, S.L. 1970, ch. 140, was repealed by S.L. 1971, ch. 69, § 2.

34-208. Duties of county clerks relating to supervision of election laws.

In carrying out his exercise of general supervision under section 34-206[, Idaho Code], each county clerk shall:

Require that each local election official shall use such ballots, papers, documents, records and other materials and supplies as directed by the secretary of state.
Require each local election official in his county to submit reports pertaining to the administration of the election laws by such local election official. Each local election official shall comply with any such requirement.
Inspect and observe the administration of the election laws by any local election official in his county at any time he deems necessary.
Carry on a program of in-service training for local election officials in his county by periodically distributing to them such bulletins, manuals and other informational instructional materials and by establishing and conducting such classes of instruction pertaining to the administration of the election laws by local election officials as the county clerk considers desirable.

History.

1970, ch. 140, § 24, p. 351; am. 1971, ch. 69, § 3, p. 155.

STATUTORY NOTES

Cross References.

Requirements for printing of ballots and ballot labels,§ 34-2418.

Secretary of state,§ 67-901 et seq.

Compiler’s Notes.

The bracketed insertion in the introductory paragraph was added by the compiler to conform to the statutory citation style.

Effective Dates.

Section 4 of S.L. 1971, ch. 69 declared an emergency. Approved March 8, 1971.

34-209. Powers of county clerks.

The county clerk may employ such personnel and procure such equipment, supplies, materials, books, papers, records and facilities of every kind as he considers necessary to facilitate and assist in carrying out his functions in connection with administering the election laws; except that procurement of voting machines or vote tally systems shall be conducted in accordance with the provisions of section 34-2405, Idaho Code.
The necessary expenses incurred by the county clerk in administering the election laws, including reasonable rental for polling places, shall be allowed by the board of commissioners and paid out of the county treasury.
The county clerk and his deputies may administer oaths and affirmations in connection with the performance of their functions in administering the election laws.

History.

1970, ch. 140, § 25, p. 351; am. 1972, ch. 131, § 1, p. 260.

STATUTORY NOTES

Effective Dates.

Section 2 of S.L. 1972, ch. 131 declared an emergency. Approved March 13, 1972.

34-210. Preparation of ballots, papers, documents, records, and other materials and supplies required.

Subject to any applicable election law, the county clerk may devise, prepare and use in his administration of the election laws the ballots, papers, documents, records and other materials and supplies required or permitted by the election laws or otherwise necessary in such administration by such county clerk.

History.

1970, ch. 140, § 26, p. 351.

STATUTORY NOTES

Cross References.

Requirements for printing of ballots and ballot labels,§ 34-2418.

34-211. Office of county clerk open as long as polls are open.

On the day of any general, special or primary election held throughout the county, the county clerk shall keep his office open for the transaction of business pertaining to the election from the time the polls are opened in the morning continuously until the polls are closed.

History.

1970, ch. 140, § 27, p. 351.

34-212. Reports to prosecuting attorney of noncompliance with election laws by county clerk.

Any person having knowledge of any failure of a county clerk to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state may notify the prosecuting attorney of the county. Upon receipt of such notification the prosecuting attorney shall proceed immediately to investigate the alleged failure of the county clerk to comply. Upon the conclusion of the investigation the prosecuting attorney shall advise and direct the county clerk with regard to how he must proceed in connection with the matter. The county clerk shall proceed immediately to comply with the directive of the prosecuting attorney.
If the prosecuting attorney, upon the conclusion of an investigation under subsection (1) of this section, determines that the county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, and that such failure to comply involves a violation by the county clerk of any statute, the violation of which is punishable by a criminal penalty or forfeiture of office, the prosecuting attorney shall promptly proceed to prosecute such violation by the county clerk.
The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, or who violates any statute.

History.

1970, ch. 140, § 28, p. 351.

STATUTORY NOTES

Cross References.

Criminal offenses relating to election laws,§ 18-2301 et seq.

Secretary of state,§ 67-901 et seq.

34-213. Mandamus to enforce compliance by county clerk.

Whenever it appears to the secretary of state that a county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, the secretary of state may apply to the appropriate district court or a judge thereof for a writ of mandamus to compel the county clerk to comply with such directive or instruction. In any such mandamus proceeding it is a defense that the directive or instruction in question is unlawful.
The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state.

History.

1970, ch. 140, § 29, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

34-214. Noncompliance by local county election officials — Enforcement by county clerk.

Whenever it appears to a county clerk that any local election official in his county has failed to comply with any election law or any directive or instruction prepared and issued by the county clerk, the county clerk may issue an order to such local election official. The order shall specify in what manner the local election official has failed to comply, indicate the proper manner of compliance and direct the local election official to so comply with such law or directive or instruction within a designated reasonable time.
If the local election official fails to comply as directed by the order of the county clerk, the county clerk may apply to a judge of the district court for the county in which the county clerk holds office for an order, returnable within five (5) days from the date thereof, to compel the local election official to comply with the order of the county clerk or to show cause why he should not be so compelled. Upon receipt of the application of the county clerk the judge shall issue the appropriate order, which shall be final. The judge shall dispose of the matter as soon as possible and not more than ten (10) days after his order is returned by the local election official.
The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against the non-complying local election official.

History.

1970, ch. 140, § 30, p. 351.

34-215. Appeals by aggrieved persons.

Any person adversely affected by any act or failure to act by the secretary of state or a county clerk under any election law, or by any order, rule, regulation, directive or instruction made under the authority of the secretary of state or of a county clerk under any election law, may appeal therefrom to the district court for the county in which the act or failure to act occurred or in which the order, rule, regulation, directive or instruction was made or in which such person resides.
Any party to the appeal proceedings in the district court under subsection (1) of this section may appeal from the decision of the district court to the supreme court.
The district courts and supreme court, in their discretion, may give such precedence on their dockets to appeals under this section as the circumstances may require.
The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against any act or failure to act by the secretary of state or a county clerk under any election law or against any order, rule, regulation, directive or instruction made under the authority of the secretary of state or a county clerk under any election law.

History.

1970, ch. 140, § 31, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

34-216. Grievance procedures.

The secretary of state shall promulgate rules in compliance with chapter 52, title 67, Idaho Code, establishing a state-based administrative complaint procedure as required by the help America vote act (P.L. 107-252).

History.

I.C.,§ 34-216, as added by 2003, ch. 48, § 2, p. 181.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Federal References.

The help America vote act, referred to in this section, is codified as 52 U.S.C.S. § 20901 et seq.

Effective Dates.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

34-217. Retention of county election records.

County election records shall be maintained by the county clerk for the time periods outlined in this section. Records shall be maintained for the period specified beginning with the date the record is created or has become no longer valid, whichever is greater.

The following records shall be retained for not less than five (5) years:
1. Voter registration cards for electors whose registration has been terminated;
2. Correspondence relating to an elector’s voter registration;
3. Combination election record and poll book, including the ballot accounting page;
4. Declaration of candidacy and petition of candidacy forms filed with the county clerk;
5. Maps of precinct boundaries with legal descriptions;
6. List of absentee voters; and
7. County initiatives and petitions that qualify for placement on the ballot.
The following shall be retained for two (2) years:
1. Completed absentee ballot request forms;
2. Tally books;
3. Voted ballots;
4. Any ballots that were required to be duplicated before being counted;
5. Certified lists of candidates or declaration of candidacy forms from special districts used for ballot preparation; and
6. Certified ballot language from special districts for any question placed on the ballot.
The following shall be maintained for one (1) year:
1. Absentee ballot affidavit envelopes;
2. Notice of election;
3. Personal identification affidavit;
4. Ballot tracking logs;
5. Automated tabulation election logs;
6. Copy of the election definition and program used in tabulating ballots electronically and in the ballot marking device; and
7. Record of the number of ballots printed and furnished to each polling place.
Other election supplies including, but not limited to, unused ballots, official election ballot identification or official ballot stamps, receipts for supplies and spoiled ballots may be disposed of sixty (60) days following the deadline for requesting a recount or filing an election contest pursuant to chapters 20 and 21, title 34, Idaho Code.

History.

I.C.,§ 34-217, as added by 2011, ch. 285, § 2, p. 778; am. 2012, ch. 211, § 2, p. 571; am. 2013, ch. 285, § 1, p. 735; am. 2018, ch. 78, § 1, p. 177.

STATUTORY NOTES

Amendments.

The 2012 amendment, by ch. 211, redesignated former paragraphs (3)(a), (e), and (h) as paragraphs (2)(c), (d) and (e), redesignated the other paragraphs in subsection (3) accordingly. The 2013 amendment, by ch. 285, substituted “ballot identification” for “stamps” in subsection (4).

The 2018 amendment, by ch. 78, in subsection (1), inserted present paragraph (b) and redesignated the subsequent paragraphs accordingly, added “including the ballot accounting page” in present paragraph (c), added “and petition of candidacy forms filed with the county clerk” in present paragraph (d), and added paragraph (g); in subsection (2), deleted former paragraph (a), which read: “Correspondence relating to an elector’s voter registration” and redesignated the subsequent paragraphs accordingly and added paragraphs (e) and (f); deleted former paragraph (3)(d), which read: “Unvoted ballots from the primary election”, and redesignated the subsequent paragraphs accordingly; and inserted “or official ballot stamps, receipts for supplies” near the middle of subsection (4).

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

CHAPTER 3 ELECTION PRECINCTS AND JUDGES

Section.

34-301. Establishment of election precincts by county commissioners — Lists and maps to be furnished to secretary of state.

The board of county commissioners in each county shall establish a convenient number of election precincts therein. The board of county commissioners may establish an absentee voting precinct for each legislative district within the county. The boundaries of such absentee precincts shall be the same as those of the legislative districts for which they were established. The board shall have the authority to create new or consolidate established precincts only within the boundaries of legislative districts. No county shall have less than two (2) precincts. This board action shall be done no later than January 15 in a general election year. The January 15 deadline shall be waived during a general election year in which a legislative or court-ordered redistricting plan is adopted. In such cases, any precinct boundary adjustments shall be accomplished by the county commissioners as soon as is practicable.
The county clerk of each county shall provide, and the secretary of state shall maintain in his office, a current and accurate report of the following:
1. A list of all precincts within the county;
2. A map and description of all precincts within the county;
3. A count of voters registered for the latest general election, by precinct; and
4. A count of votes cast at the latest general election, by precinct.

History.

1970, ch. 140, § 32, p. 351; am. 1971, ch. 210, § 1, p. 919; am. 1972, ch. 141, § 1, p. 308; am. 1973, ch. 177, § 1, p. 393; am. 1974, ch. 212, § 1, p. 1557; am. 1976, ch. 73, § 1, p. 242; am. 1977, ch. 8, § 3, p. 16; am. 1992, ch. 152, § 1, p. 458; am. 2009, ch. 52, § 13, p. 136; am. 2019, ch. 96, § 1, p. 344.

STATUTORY NOTES

Prior Laws.

Former§§ 34-301 to 34-304 which comprised 1890-1891, p. 57, §§ 20 to 23, 36; am. 1897, p. 29, § 2; reen. 1899, p. 33, §§ 12 to 15, 27; reen. R.C., §§ 353, 356; am. R.C., §§ 354, 355; am. 1913, ch. 92, §§ 13, 14, p. 376; reen. C.L., §§ 353 to 356; C.S., §§ 498 to 501; I.C.A.,§§ 33-301 to 33-304; am. 1953, ch. 233, §§ 2, 3, p. 348; am. 1955, ch. 73, § 1, p. 143, were repealed by S.L. 1970, ch. 140, § 204.

Amendments.

The 2009 amendment, by ch. 52, in the fourth sentence, deleted “provided by section 67-202, Idaho Code” from the end.

Compiler’s Notes.

The 2019 amendment, by ch. 96, added the subsections designators to the existing provisions of the section, and inserted “and description” near the beginning of paragraph (2)(b). Compiler’s Notes.

S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.

Effective Dates.

Section 2 of S.L. 1992, ch. 152 declared an emergency. Approved April 2, 1992.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

34-302. Designation of precinct polling places.

The board shall, by the fifth Friday before any election, designate a suitable polling place for each election precinct. Insofar as possible, the board shall designate the same polling place for the general election that it designated for the primary election. The physical arrangements of the polling place shall be sufficient to guarantee all voters the right to cast a secret ballot. Public school facilities shall be made available to the board as precinct polling places. All polling places designated as provided herein shall conform to the accessibility standards adopted by the secretary of state pursuant to the voting accessibility for the elderly and handicapped act, 52 U.S.C. 20101 et seq. The expense of providing such polling places shall be a public charge and paid out of the county treasury.

History.

1970, ch. 140, § 33, p. 351; am. 1973, ch. 304, § 2, p. 646; am. 1978, ch. 38, § 1, p. 67; am. 1985, ch. 115, § 2, p. 237; am. 2019, ch. 96, § 2, p. 344; 2019, ch. 283, § 1, p. 824.

STATUTORY NOTES

Cross References.

Absent electors’ polling place required,§ 34-1006.

Preparation of polling places for machine voting,§ 34-2415.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-302 was repealed. See Prior Laws,§ 34-301.

Amendments.

This section was amended by two 2019 acts which appear to be compatible and have been compiled together.

The 2019 amendment, by ch. 96, substituted “by the fifth Friday” for “not less than thirty (30) days” in the first sentence and substituted “52 U.S.C. 20101 et seq.” for “P.L. 98-435” at the end of the fifth sentence.

The 2019 amendment, by ch. 283, inserted the present fourth sentence.

Effective Dates.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

Section 2 of S.L. 2019, ch. 283 provided that the act should take effect on and after July 1, 2020.

34-303. Appointment of election judges by county clerk.

The county clerk shall appoint two (2) or more election judges, one (1) of whom shall be designated chief judge, and the number of clerks deemed necessary by him for each polling place. In the event a single polling place is designated for two (2) or more precincts, an individual may serve simultaneously on the election board for two (2) or more precincts thus served by a single polling place. The precinct committeemen shall recommend persons for the position in their respective precincts to the county clerk in writing by the fifth Friday prior to the primary election and the county clerk shall appoint the judges from such lists if the persons recommended are qualified.
The chief election judge shall be responsible for the conduct of the proceedings in the polling place. Compensation for all election personnel shall be determined by the board of county commissioners at no less than the minimum wage as prescribed by the laws of the state of Idaho.
Each election board shall contain personnel representing all existing political parties if a list of applicants has been provided to the county clerk by the precinct committeemen of the precincts by the prescribed deadline.
In order to provide for a greater awareness of the election process, the rights and responsibilities of voters and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, a county clerk may appoint not more than two (2) students per precinct to serve under the direct supervision of election board members designated by the county clerk. A student may be appointed, notwithstanding lack of eligibility to vote, if the student possesses the following qualifications:
1. Is at least sixteen (16) years of age at the time of the election for which he or she is serving as a member of an election board; and
2. Is a citizen of the United States.

History.

1970, ch. 140, § 34, p. 351; am. 1971, ch. 210, § 2, p. 919; am. 1977, ch. 8, § 4, p. 16; am. 2003, ch. 48, § 3, p. 181; am. 2004, ch. 113, § 1, p. 386; am. 2018, ch. 154, § 1, p. 311; am. 2019, ch. 96, § 3, p. 344.

STATUTORY NOTES

Prior Laws.

Former§ 34-303 was repealed. See Prior Laws,§ 34-301.

Amendments.

The 2018 amendment, by ch. 154, designated the former four undesignated paragraphs as subsections (1) through (4) and former subsections (1) and (2) as paragraphs (4)(a) and (4(b) and substituted “sixteen (16)” for “seventeen (17)” in paragraph (4)(a). The 2019 amendment, by ch. 96, substituted “by the fifth Friday prior to the primary election” for “at least ten (10) days prior to the date on which any appointment shall be made” near the middle of the last sentence in subsection (1); and substituted “by the prescribed deadline” for “at least sixty (60) days prior to the primary election” at the end of subsection (3).

Effective Dates.

Section 5 of S.L. 1977, ch. 8 declared an emergency. Approved February 23, 1977.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

34-304. Challengers — Watchers.

The county clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the day of election, direct that the election judges permit one (1) person authorized by each political party, if the election is a partisan election, to be at the polling place for the purpose of challenging voters, and shall, if requested, permit any one (1) person authorized by a candidate, several candidates or political party, to be present to serve as a watcher to observe the conduct of the election. Such authorization shall be evidenced by a writing signed by the county chairman and secretary of the political party, if the election is a partisan election, or by the candidate or candidates, and filed with the county clerk. Where the issue before the electors is other than the election of officers, the clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the date of voting on the issue or issues, direct that the election judges permit one (1) pro and one (1) con person to be at the polling place for the purpose of challenging voters and to observe the conduct of the election. Such authorization shall be evidenced in writing signed by the requesting person and shall state which position relative to the issue or issues the person represents. Persons who are authorized to serve as challengers or watchers shall wear a visible name tag which includes their respective titles. A watcher is entitled to observe any activity conducted at the location at which the watcher is serving, provided however, that the watcher does not interfere with the orderly conduct of the election. If the watchers are present at the polling place when ballots are counted they shall not absent themselves until the polls are closed. A watcher serving at a central counting station may be present at any time the station is open for the purpose of processing or preparing to process election results and until the election officers complete their duties at the station. If the county clerk does not receive the list of names of those desired to be present for the purpose of either poll watching or challenging within the time prescribed above, the clerk shall not allow the presence of such persons later seeking to serve in those capacities.

History.

1970, ch. 140, § 35, p. 351; am. 1972, ch. 141, § 2, p. 308; am. 1973, ch. 304, § 3, p. 646; am. 2006, ch. 70, § 1, p. 214; am. 2009, ch. 341, § 56, p. 993.

STATUTORY NOTES

Prior Laws.

Former§ 34-304 was repealed. See Prior Laws,§ 34-301.

Amendments.

The 2006 amendment, by ch. 70, rewrote the section, which formerly read: “The county clerk shall, upon receipt of a written request, such request to be received no later than five (5) days prior to the day of election, direct that the election judges permit one (1) person authorized by each political party to be at the polling place for the purpose of challenging voters, and shall, if requested, permit any candidate, or one (1) person authorized by a candidate, several candidates or political party, to be present to watch the receiving and counting of the votes. Such authorization shall be evidenced by a writing signed by the county chairman and secretary of the political party, or by the candidate or candidates, and filed with the county clerk. If the county clerk does not receive the list of names of those which the parties desire to be present for the purpose of either poll watching or challenging within the time prescribed above, the clerk shall not allow the presence of such persons later seeking to serve in those capacities. Persons who are authorized to serve as challengers or watchers shall wear a visible name tag which includes their respective titles. Persons permitted to be present to watch the counting of the votes shall not absent themselves until the polls are closed.”

The 2009 amendment, by ch. 341, twice substituted “twelve (12) days” for “five (5) days” and, in the first and second sentences, inserted “if the election is a partisan election.”

Effective Dates.

Section 3 of S.L. 1972, ch. 141 declared an emergency. Approved March 14, 1972.

Section 5 of S.L. 2006, ch. 70 declared an emergency. Approved March 15, 2006.

Section 161 of S.L. 2009, ch. 341 provided that the act should take effect on and after January 1, 2011.

34-305. County clerk chief county elections officer.

The county clerk is the chief elections officer of his county and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. The county clerk shall comply with the lawful directives and instructions given him by the secretary of state.

History.

I.C.,§ 34-305, as added by 1971, ch. 210, § 3, p. 919.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

34-306. Precinct boundary requirements.

Precinct boundaries shall follow visible, easily recognizable physical features on the ground including, but not limited to, streets, railroad tracks, roads, streams and lakes. The exception shall be when a precinct boundary coincides with a city, county, Indian reservation or school district boundary which does not follow a visible feature.
In order to achieve compliance with the requirements of this section, and simultaneously maintain legislative district boundaries which may not follow visible features, a county may designate subprecincts within precincts, the internal boundaries of which do not follow visible features.

History.

I.C.,§ 34-306, as added by 1977, ch. 8, § 2, p. 16; am. 1989, ch. 261, § 1, p. 639; am. 1992, ch. 284, § 1, p. 875.

STATUTORY NOTES

Compiler’s Notes.

Section 1 of S.L. 1977, ch. 8 read: “The Idaho legislative council is designated the state coordinating agency for purposes of implementation of the provisions of public law 94-171 [13 U.S.C.S. § 141]. Not later than March 1, 1977, each county clerk shall provide the legislative council with a map of the precincts of the county. Map standards shall comply with the requirements promulgated by the census bureau for the purposes of the 1980 census of the United States. Precinct boundaries shall comply with the provisions of section 34-306, Idaho Code.”

Effective Dates.

Section 5 of S.L. 1977, ch. 8 declared an emergency. Approved February 23, 1977.

Section 2 of S.L. 1992, ch. 284 provided that the act would become effective January 1, 1993.

34-307. Precinct boundaries maintained.

From January 15 in any year ending in 8 through September 15 in any year ending in 1, the board of county commissioners shall make no changes in precinct boundaries, except that a single precinct may be divided into two (2) or more new precincts wholly contained within the original precinct.

History.

I.C.,§ 34-307, as added by 1998, ch. 276, § 1, p. 907.

STATUTORY NOTES

Effective Dates.

Section 2 of S.L. 1998, ch. 276 declared an emergency. Approved March 24, 1998.

34-308. Mail ballot precinct.

A precinct within the county that contains no more than one hundred forty (140) registered electors at the last general election may be designated by the board of county commissioners as a mail ballot precinct no later than April 1 in an even-numbered year. Such a designation shall apply thereafter to all elections conducted within the precinct until revoked by the board of county commissioners or until the precinct contains one hundred fifty-one (151) registered electors at the last general election. Having designated a mail ballot precinct, there shall be no voting place established within the precinct. Elections in a mail ballot precinct shall be conducted in a manner consistent with absentee voting with the special provisions provided in this section.
The clerk shall issue a ballot, by mail, to every registered voter in a mail ballot precinct and shall affix postage to the return envelope sufficient to return the ballot.
The ballot shall be mailed no sooner than twenty-four (24) days prior to the election day and no later than the fourteenth day prior to the election.
The clerk shall make necessary provisions to segregate mail ballot precinct ballots by precinct and, for all purposes of the election, the precinct integrity shall be maintained.
The clerk shall make registration available in the office of the clerk on election day for any individual who is eligible to vote and who resides in a mail ballot precinct and has not previously registered. The clerk shall provide an official polling place in the office of the clerk, and a qualified elector who registers on election day and resides in a mail ballot precinct shall be allowed to vote at the office of the clerk.
1. Except as provided in paragraph (b) of this subsection, electors who have designated a political party affiliation pursuant to section 34-404, Idaho Code, shall receive the primary election ballot for that party pursuant to sections 34-904 and 34-904A, Idaho Code. (6)(a) Except as provided in paragraph (b) of this subsection, electors who have designated a political party affiliation pursuant to section 34-404, Idaho Code, shall receive the primary election ballot for that party pursuant to sections 34-904 and 34-904A, Idaho Code.
2. Electors who have designated a political party affiliation pursuant to section 34-404, Idaho Code, may receive the primary election ballot of a political party other than the political party such elector is affiliated with if such other political party has provided notification to the secretary of state that identifies the political party such elector is affiliated with, as provided for in section 34-904A(2) (b), Idaho Code.
For “unaffiliated” electors, in order to receive a political party’s primary election ballot pursuant to section 34-904A, Idaho Code, the county clerk shall mail a ballot request form for the primary election ballot to the electors in a mail ballot precinct for the electors to use in selecting the party ballot they choose to receive.
1. In the event that more than one (1) political party allows electors designated as “unaffiliated” to vote in their party’s primary election pursuant to section 34-904A, Idaho Code, an elector designated as “unaffiliated” shall indicate on the form such elector’s choice of the political party’s primary election ballot in order to vote in that party’s primary election.
2. In the event no more than one (1) political party allows electors designated as “unaffiliated” to vote in their party’s primary election pursuant to section 34-904A, Idaho Code, an elector designated as “unaffiliated” shall indicate on the form that political party’s primary election ballot in order to vote in that political party’s primary election.
3. If an elector designated as “unaffiliated” is not permitted to vote in a political party’s primary election as provided for in section 34-904A, Idaho Code, such elector shall receive a nonpartisan ballot.
4. If an elector designated as “unaffiliated” does not indicate on the form a choice of political party’s primary election ballot, such elector shall receive a nonpartisan ballot.

History.

I.C.,§ 34-308, as added by 2004, ch. 165, § 1, p. 540; am. 2011, ch. 319, § 2, p. 929; am. 2019, ch. 97, § 1, p. 355.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2011 amendment, by ch. 319, added subsections (5) and (6).

The 2019 amendment, by ch. 97, added the subsection (1) designator to the first paragraph and redesignated former subsections (1) to (6) as subsections (2) to (7); in present subsection (1), substituted “one hundred forty (140)” for “one hundred twenty-five (125)” near the beginning and inserted “as” following “commissioners” near the end of the first sentence, added “or until the precinct contains one hundred fifty-one (151) registered electors at the last general election” at the end of the second sentence, and substituted “special provisions provided in this section” for “following special provisions” at the end of the last sentence.

Legislative Intent.

Section 1 of S.L. 2011, ch. 319 provided: “Legislative Findings and Intent. The Legislature finds that it is the public policy of this state to encourage voter participation in primary and general elections. While each political party may select that party’s candidates in primary elections, it is the intent of the Legislature that every effort be made to accommodate the participation of voters who are unaffiliated with a particular political party, but who are willing to affiliate with a party for purposes of voting in primary elections. The Legislature also finds, as noted by the United States Supreme Court, that the state may not deprive a political party of its rights under the First and Fourteenth Amendments to enter into political association with individuals of its own choosing. Consequently, it is the intent of the Legislature to provide political parties in this state with a mechanism to voluntarily and more fully exercise those rights of political association by providing certain provisions relating to primary elections.”

Effective Dates.

Section 2 of S.L. 2004, ch. 165 declared an emergency. Approved March 23, 2004.

CHAPTER 4 VOTERS — PRIVILEGES, QUALIFICATIONS AND REGISTRATION

Section.

34-401. Electors privileged from arrest during attendance at polling place — Exception.

Electors are privileged from arrest, except for treason, a felony or breach of the peace, during their attendance at a polling place.

History.

1970, ch. 140, § 36, p. 351.

STATUTORY NOTES

Cross References.

Penalty for fraudulent or illegal registration,§§ 18-2321, 18-2322.

Prior Laws.

The following former sections were repealed by S.L. 1970, ch. 140, § 205:

34-401. (1890-1891, p. 57, § 2; reen. 1899, p. 33, § 2; compiled and reen. R.C. & C.L., § 357; C.S., § 502; I.C.A.,§ 33-401.)

34-402. (1890-1891, p. 57, § 3; am. 1893, p. 35, § 1; am. 1895, p. 7, § 1; reen. 1899, p. 33, § 3; reen. R.C. & C.L., § 358; C.S., § 503; I.C.A.,§ 33-402.)

34-403. (1890-1891, p. 57, § 4; reen. 1899, p. 33, § 4; reen. R.C. & C.L., § 359; C.S., § 504; I.C.A.,§ 33-403.)

34-404. (1907, p. 170, § 1; reen. R.C. & C.L., § 360; C. S., § 505; I.C.A.,§ 33-404.)

34-405. (1907, p. 170, § 2; am. R.C., § 361; am. 1913, ch. 92, § 15, p. 377; reen. C.L., § 361; C.S., § 506; I.C.A.,§ 33-405.

34-406. (1907, p. 170, § 3; reen. R.C. & C.L., § 362; C.S., § 507; I.C.A.,§ 33-406.)

34-407. (1907, p. 170, § 4; reen. R.C., § 363; am. 1913, ch. 92, § 16, p. 377; reen. C.L., § 363; C.S., § 508; I.C.A.,§ 33-407.)

34-408. (1963, ch. 268, § 1, p. 681.)

34-409. (1963, ch. 268, § 2, p. 681.)

34-410. (1963, ch. 268, § 3, p. 681.)

34-402. Qualifications of electors.

Every male or female citizen of the United States, eighteen (18) years old, who has resided in this state and in the county for thirty (30) days where he or she offers to vote prior to the day of election, if registered within the time period provided by law, is a qualified elector.

History.

1970, ch. 140, § 37, p. 351; am. 1971, ch. 192, § 1, p. 874; am. 1972, ch. 392, § 1, p. 1131; am. 1973, ch. 304, § 4, p. 646; am. 1982, ch. 253, § 2, p. 645.

STATUTORY NOTES

Cross References.

“Qualified elector” defined,§ 34-104.

Prior Laws.

Former§ 34-402 was repealed. See Prior Laws,§ 34-401.

JUDICIAL DECISIONS

Cited in:

in: Noh v. Cenarrusa, 137 Idaho 798, 53 P.3d 1217 (2002).

RESEARCH REFERENCES

A.L.R.

Residence or domicil of student or teacher for purpose of voting. 44 A.L.R.3d 797.

Residence of students for voting purposes. 44 A.L.R.3d 797.

Voting rights of persons mentally incapacitated. 80 A.L.R.3d 1116.

Constitutionality of voter participation provisions for primary elections. 120 A.L.R.5th 125.

Validity of residency and precinct-specific requirements of state voter registration statutes. 57 A.L.R.6th 419.

34-403. Disqualified electors not permitted to vote.

No elector shall be permitted to vote if he is disqualified as provided in article 6 [VI], sections 2 and 3 of the state constitution.

History.

1970, ch. 140, § 38, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-403 was repealed. See Prior Laws,§ 34-401.

Compiler’s Notes.

The bracketed insertion was added by the compiler to reflect the designation scheme present in the Idaho Constitution.

JUDICIAL DECISIONS

Decisions Under Prior Law

Polygamists.

Territorial statute withholding elective franchise from polygamists or members of any organization which taught or encouraged polygamy and prescribing test oath was not repugnant to federal constitution. Wooley v. Watkins, 2 Idaho 590, 22 P. 102 (1889).

34-404. Registration of electors.

All electors must register before being able to vote at any primary, general, special, school or any other election governed by the provisions of title 34, Idaho Code. Registration of a qualified person occurs when a legible, accurate and complete registration application is received in the office of the county clerk or is received at the polls pursuant to section 34-408A, Idaho Code.
Each elector may select on the registration application an affiliation with a political party qualified to participate in elections pursuant to section 34-501, Idaho Code, or may select to be designated as “unaffiliated.” The county clerk shall record the party affiliation or “unaffiliated” designation so selected as part of the elector’s registration record. If an elector shall fail or refuse to make such a selection, the county clerk shall enter on the registration records that such elector is “unaffiliated.”
In order to provide an elector with the appropriate primary election ballot, pursuant to section 34-904A, Idaho Code, the poll book for primary elections shall include the party affiliation or designation as “unaffiliated” for each elector so registered. An “unaffiliated” elector shall declare to the poll worker which primary election ballot the elector chooses to vote in, pursuant to section 34-904A, Idaho Code, and the poll worker or other authorized election personnel shall record such declaration in the poll book. The poll book shall contain checkoff boxes to allow the poll worker or other authorized election personnel to record such “unaffiliated” elector’s selection.
In order to provide electors who are already registered to vote, and who remain registered electors, with an opportunity to select a party affiliation or to select their status as “unaffiliated,” the poll book for the 2012 primary election shall include checkoff boxes by which the poll worker or other appropriate election personnel shall record such elector’s choice of party affiliation or choice to be designated as “unaffiliated.” After the 2012 primary election, the county clerk shall record the party affiliation or “unaffiliated” designation so selected in the poll book as part of such an elector’s record within the voter registration system as provided for in section 34-437A, Idaho Code.
After the 2012 primary election, electors who remain registered voters and who did not vote in the 2012 primary election or who have not selected party affiliation or who have not selected to be designated as “unaffiliated,” shall be designated as “unaffiliated” and the county clerk shall record that designation for each such elector within the voter registration system as provided for in section 34-437A, Idaho Code.

History.

1970, ch. 140, § 39, p. 351; am. 1971, ch. 192, § 2, p. 874; am. 1972, ch. 197, § 1, p. 498; am. 1987, ch. 256, § 2, p. 519; am. 1997, ch. 356, § 1, p. 1051; am. 2011, ch. 319, § 3, p. 929; am. 2016, ch. 359, § 3, p. 1052.

STATUTORY NOTES

Prior Laws.

Former§ 34-404 was repealed. See Prior Laws,§ 34-401.

Amendments.

The 2011 amendment, by ch. 319, added subsections (2) through (5) and added the subsection (1) designation to the existing provisions.

The 2016 amendment, by ch. 359, substituted “registration application” for “registration card” in the last sentence in subsection (1) and in the first sentence in subsection (2).

Legislative Intent.

Effective Dates.

Section 5 of S.L. 1987, ch. 256, (approved April 1, 1987 at 9:45 AM) declared an emergency. However, such section was repealed by § 1, of S.L. 1987, ch. 252 (approved and effective April 1, 1987 at 2:50 PM).

Section 2 of S.L. 1972, ch. 197 declared an emergency. Approved March 21, 1972.

Section 10 of S.L. 2016, ch. 359 declared an emergency. Approved April 5, 2016.

JUDICIAL DECISIONS

Cited in:

in: Cenarrusa v. Peterson, 95 Idaho 395, 509 P.2d 1316 (1973).

Decisions Under Prior Law

Condition Precedent to Voting.

Registration is condition precedent to right to vote. Jaycox v. Varnum, 39 Idaho 78, 226 P. 285 (1924).

RESEARCH REFERENCES

A.L.R.

Validity of statute restricting voter registration solicitations by third parties or organizations. 55 A.L.R.6th 599.

Validity of residency and precinct-specific requirements of state voter registration statutes. 57 A.L.R.6th 419.

34-405. Gain or loss of residence by reason of absence from state.

For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his absence while employed in the service of this state or the United States, while a student of any institution of learning, while kept at any state institution at public expense, nor absent from the state with the intent to have this state remain his residence. If a person is absent from this state but intends to maintain his residence for voting purposes here, he shall not register to vote in any other state during his absence.

History.

1970, ch. 140, § 40, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-405 was repealed. See Prior Laws,§ 34-401.

34-406. Appointment of registrars.

The county clerk shall provide for voter registration in the clerk’s office and may appoint registrars to assist in voter registration throughout the county.
The county clerk shall provide all political parties within the county with a supply of the registration form prescribed in section 34-411, Idaho Code.

History.

I.C.,§ 34-406, as added by 1994, ch. 67, § 3, p. 137; am. 2011, ch. 319, § 4, p. 929.

STATUTORY NOTES

Prior Laws.

Former§ 34-406, which comprised 1970, ch. 140, § 41, p. 351; am. 1971, ch. 192, § 3, p. 874; am. 1972, ch. 392, § 2, p. 1131; am. 1975, ch. 21, § 1, p. 30; am. 1980, ch. 271, § 1, p. 711; am. 1982, ch. 76, § 1, p. 144; am. 1989, ch. 418, § 1, p. 1022, was repealed by S.L. 1994, ch. 67, § 2, effective January 1, 1995.

Another former§ 34-406 was repealed. See Prior Laws,§ 34-401.

Amendments.

The 2011 amendment, by ch. 319, added the subsection designations and, in subsection (2), deleted “mail” preceding “registration” and substituted “section 34-411” for “section 34-410”.

Legislative Intent.

Compiler’s Notes.

Subdivision 5 of § 1 of S.L. 1994, ch. 67 provided that the purpose of this act was “to exempt Idaho from compliance with the National Voter Registration Act of 1993, as provided in section 4(b)(2) of that act.”

Effective Dates.

Section 8 of S.L. 1994, ch. 67 provided that “An emergency existing therefor, which emergency is hereby declared to exist, the provisions of Sections 1 and 5 of this act shall be in full force and effect on and after passage and approval and retroactively to March 10, 1993, and the remaining Sections of this act shall be in full force and effect on and after January 1, 1995.” Approved March 7, 1994.

34-407. Procedure for registration.

Any county clerk or official registrar shall register without charge any elector who personally appears in the office of the county clerk or before the official registrar, as the case may be, and requests to be registered.
Upon receipt of a written application to the county clerk from any elector who, by reason of illness or physical incapacity is prevented from personally appearing in the office of the county clerk or before an official registrar, the county clerk or an official registrar so directed by the county clerk shall register such elector at the place of abode of the elector.

History.

1970, ch. 140, § 42, p. 351; am. 1971, ch. 192, § 4, p. 874; am. 1991, ch. 337, § 1, p. 873; am. 1995, ch. 215, § 2, p. 747.

STATUTORY NOTES

Prior Laws.

Former§ 34-407 was repealed. See Prior Laws,§ 34-401.

JUDICIAL DECISIONS

Decisions Under Prior Law

Substantial Compliance.

Strict, literal compliance with provisions of law as to registration will not be required in absence of fraud or intentional wrong. Jaycox v. Varnum, 39 Idaho 78, 226 P. 285 (1924).

When person otherwise qualified to vote diligently attempts to register in manner and time provided by law and does everything in his power to comply with law, he cannot be deprived of vote by failure of officers to do their duty. Jaycox v. Varnum, 39 Idaho 78, 226 P. 285 (1924).

34-408. Closing of register — Time limit.

No elector may register in the office of the county clerk within twenty-four (24) days preceding any election held throughout the county in which he resides for the purpose of voting at such election; provided however, a legible, accurate and complete registration application received in the office of the county clerk during the twenty-four (24) day period preceding an election shall be accepted and held by the county clerk until the day following the election when registration reopens, at which time the registration shall become effective. This deadline shall also apply to any registrars the county clerk may have appointed.
Any elector who will complete his residence requirement or attain the requisite voting age during the period when the register of electors is closed may register prior to the closing of the register.
Notwithstanding subsection (1) of this section, an individual who is eligible to vote may also register, upon providing proof of residence, at the “absent electors’ polling place” provided in section 34-1006, Idaho Code.

History.

1970, ch. 140, § 43, p. 351; am. 1971, ch. 192, § 5, p. 874; am. 1974, ch. 172, § 1, p. 1431; am. 1981, ch. 105, § 1, p. 159; am. 1994, ch. 67, § 4, p. 137; am. 2001, ch. 99, § 1, p. 248; am. 2005, ch. 127, § 1, p. 412; am. 2016, ch. 359, § 4, p. 1052.

STATUTORY NOTES

Prior Laws.

Former§ 34-408 was repealed. See Prior Laws,§ 34-401.

Amendments.

The 2016 amendment, by ch. 359, substituted “registration application” for “registration card” near the middle of the first sentence in subsection (1).

Compiler’s Notes.

Effective Dates.

RESEARCH REFERENCES

A.L.R.

34-408A. Election day registration.

An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of residence. An individual may prove residence for purposes of registering by:

Showing an Idaho driver’s license or Idaho identification card issued through the department of transportation; or
Showing any document which contains a valid address in the precinct together with a picture identification card; or
Showing a current valid student photo identification card from a postsecondary educational institution in Idaho accompanied with a current student fee statement that contains the student’s valid address in the precinct.

Election day registration provided in this section shall apply to all elections conducted under title 34, Idaho Code, and to school district and municipal elections.

An individual who is eligible to vote may also register, upon providing proof of residence, at the “absent electors’ polling place” provided in section 34-1006, Idaho Code.

History.

I.C.,§ 34-408A, as added by 1994, ch. 67, § 5, p. 137; am. 1995, ch. 215, § 3, p. 747; am. 1997, ch. 356, § 2, p. 1051; am. 2011, ch. 285, § 3, p. 778; am. 2016, ch. 359, § 5, p. 1052.

STATUTORY NOTES

Amendments.

The 2011 amendment, by ch. 285, inserted “Idaho” preceding “driver’s license” in subsection (1); and, in subsection (3), inserted “photo” preceding “identification card” near the beginning and deleted “together with a picture identification card” at the end.

The 2016 amendment, by ch. 359, substituted “registration application” for “registration card” near the end of the first sentence in the introductory paragraph.

Compiler’s Notes.

Effective Dates.

Section 10 of S.L. 2016, ch. 359 declared an emergency. Approved April 5, 2016.

34-409. Electronic registration.

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

History.

I.C.,§ 34-409, as added by 2016, ch. 359, § 1, p. 1052.

STATUTORY NOTES

Prior Laws.

Effective Dates.

Section 10 of S.L. 2016, ch. 359 declared an emergency. Approved April 5, 2016.

RESEARCH REFERENCES

A.L.R.

34-410. Mail registration.

Any elector may register by mail for any election. Any mail registration application must be received by the county clerk prior to the close of registration as provided in section 34-408, Idaho Code, provided that any mail registration application postmarked not later than twenty-five (25) days prior to an election shall be deemed timely.

The secretary of state shall prescribe the form for the mail registration application. This mail application form shall be available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs.

Any federal mail registration form adopted pursuant to the provisions of the national voter registration act of 1993 (P.L. 103-31) shall also be accepted as a valid registration, if such form is postmarked not later than twenty-five (25) days prior to an election.

The county clerk shall prepare and issue by first class nonforwardable mail to each elector registering by mail a verification of registration containing the name and residence of the elector and the name or number of the precinct in which the elector resides.

A verification returned undeliverable shall cause the county clerk to remove the elector’s card from the register of electors.

As required by the help America vote act of 2002 (P.L. 107-252), a copy of proper identification will be required prior to issuance of a ballot to anyone who has registered by mail and has not previously voted in an election for federal office in the state. Proper identification consists of:

A current and valid photo identification; or
A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.

History.

I.C.,§ 34-410, as added by 1994, ch. 67, § 7, p. 137; am. 1995, ch. 215, § 4, p. 747; am. 2003, ch. 48, § 4, p. 181.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-410, which comprised 1970, ch. 140, § 45, p. 351; am. 1972, ch. 392, § 3, p. 1131; am. 1982, ch. 137, § 2, p. 388; am. 1984, ch. 131, § 1, p. 305, was repealed by S.L. 1994, ch. 67, § 2, effective January 1, 1995.

Another former§ 34-410 was repealed. See Prior Laws,§ 34-401.

Federal References.

The national voter registration act of 1993, referred to in the third paragraph, is codified as 52 U.S.C.S. § 20501 et seq.

The help America vote act of 2002, referred to in the sixth paragraph, is codified as 52 U.S.C.S. § 20901 et seq.

Compiler’s Notes.

Effective Dates.

Section 7 of S.L. 1984, ch. 131 declared and emergency. Approved March 31, 1984.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

RESEARCH REFERENCES

A.L.R.

34-410A. Absentee registration for uniformed and overseas citizens.

Whenever provision is made for absentee voting by a statute of the United States, including the “Uniformed and Overseas Citizens Absentee Voting Act” (42 U.S.C. 1973ff.), an application for an absentee ballot made under that law may be given the same effect as an application for an absentee ballot made under chapter 10, title 34, Idaho Code.

History.

I.C.,§ 34-410A, as added by 1995, ch. 215, § 6, p. 747.

STATUTORY NOTES

Prior Laws.

Former§ 34-410A, which comprised I.C.,§ 34-410A, as added by 1976, ch. 353, § 1, p. 1166; am. 1994, ch. 122, § 1, p. 271, was repealed by S.L. 1995, ch. 215, § 5, effective March 17, 1995.

Compiler’s Notes.

The citation enclosed in parentheses so appeared in the law as enacted. The present citation to the federal act is 52 U.S.C.S. § 20301 et seq.

34-411. Application for registration — Contents.

Each elector who requests registration shall supply the following information under oath or affirmation:
1. Full name and sex.
2. Mailing address, residence address or any other necessary information definitely locating the elector’s residence.
3. The period of time preceding the date of registration during which the elector has resided in the state.
4. Whether or not the elector is a citizen.
5. That the elector is under no legal disqualifications to vote.
6. The county and state where the elector was previously registered, if any.
7. Date of birth.
8. Current driver’s license number or identification card issued by the Idaho transportation department. In the absence of an Idaho driver’s license or state issued identification card, the last four (4) digits of the elector’s social security number.
As provided for in section 34-404, Idaho Code, each elector shall select an affiliation with a political party qualified to participate in elections pursuant to section 34-501, Idaho Code, or select to be designated as “unaffiliated.” The selection of party affiliation or designation as “unaffiliated” shall be maintained within the voter registration system as provided for in section 34-437A, Idaho Code. If an elector shall fail or refuse to make such a selection, the county clerk shall record as “unaffiliated” such elector within the voter registration system as provided for in section 34-437A, Idaho Code.
Any elector who shall supply any information under subsection (1) of this section, knowing it to be false, is guilty of perjury.
Each elector who requests registration may, at the elector’s option, supply the elector’s telephone number. If the telephone number is supplied by the elector, the telephone number shall be available to the public.

History.

1970, ch. 140, § 46, p. 351; am. 1971, ch. 192, § 6, p. 874; am. 1972, ch. 392, § 4, p. 1131; am. 1988, ch. 233, § 1, p. 461; am. 1995, ch. 215, § 7, p. 747; am. 2003, ch. 48, § 5, p. 181; am. 2011, ch. 319, § 5, p. 929; am. 2012, ch. 211, § 3, p. 571.

STATUTORY NOTES

Prior Laws.

Former§ 34-411, which comprised 1963, ch. 268, § 4, p. 681, was repealed by S.L. 1970, ch. 140, § 205.

Amendments.

The 2011 amendment, by ch. 319, made neutral gender changes in subsection (1); added subsection (2); and redesignated former subsections (2) and (3) as present subsections (3) and (4). The 2012 amendment, by ch. 211, in paragraph (1)(h), inserted “identification card issued by the Idaho transportation department” and “or state issued identification card.”

Legislative Intent.

Effective Dates.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

JUDICIAL DECISIONS

Open Primary.

Neither the Republican party nor the Idaho secretary of state were entitled to summary judgment as to whether Idaho’s open primary election statutes,§ 34-904 and this section, violated the party’s First Amendment right to freedom of association, because fact issues remained as to the effect of “cross over” voting on the party’s message and its selection of candidates for office. Idaho Republican Party v. Ysursa, 660 F. Supp. 2d 1195 (D. Idaho 2009).

Cited in:

in: Cenarrusa v. Peterson, 95 Idaho 395, 509 P.2d 1316 (1973).

34-411A. Primary elections — Changing party affiliation — Unaffiliated electors.

For a primary election, including a presidential primary election, an elector may change such elector’s political party affiliation or become “unaffiliated” by filing a signed form with the county clerk no later than the last day a candidate may file for partisan political office prior to such primary election, as provided for in section 34-704 or 34-732, Idaho Code. An “unaffiliated” elector may affiliate with the party of the elector’s choice by filing a signed form up to and including election day. The application form described in section 34-1002, Idaho Code, shall also be used for this purpose.
For a primary election, an “unaffiliated” elector may select a political party affiliation only prior to voting in the primary election. An elector may make such selection on or before election day, by declaring such political party affiliation to the poll worker or other appropriate election personnel. The poll worker or other appropriate election personnel shall then record in the poll book the elector’s choice. After the primary election, the county clerk shall record the party affiliation so recorded in the poll book as part of such elector’s record within the voter registration system as provided for in section 34-437A, Idaho Code.

History.

I.C.,§ 34-411A, as added by 2011, ch. 319, § 6, p. 929; am. 2012, ch. 211, § 4, p. 571; am. 2020, ch. 55, § 1, p. 136.

STATUTORY NOTES

Prior Laws.

Former§ 34-411A, Registration by mail when complete reregistration required, which comprised I. C.,§ 34-411A, as added by 1971, ch. 192, § 7, p. 874, was repealed by S. L. 1973, ch. 123, § 2, p. 233.

Amendments.

The 2012 amendment, by ch. 211, inserted the second sentence in subsection (1).

The 2020 amendment, by ch. 55, in the first sentence in subsection (1), inserted “including a presidential primary election” near the beginning and “or 34-732” near the end.

Legislative Intent.

Effective Dates.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

34-412. Qualifications for registration.

The qualifications of any person who requests to be registered shall be determined in the first instance by the registering official from the evidence before him. If the registering official determines that such person is not qualified, he shall refuse to register the person.
A person refused registration under subsection (1) of this section may make application to the county clerk for a hearing on his qualifications. Not more than ten (10) days after the date he receives such application, the county clerk shall hold a hearing on the qualifications of the applicant and shall notify the applicant of the place and time of such hearing. At such hearing the applicant may present evidence as to his qualifications, provided that no hearing shall be held subsequent to any election which is held within said ten (10) day period. If the county clerk determines that the applicant is qualified, the county clerk shall register the applicant immediately upon the conclusion of the hearing.

History.

1970, ch. 140, § 47, p. 351; am. 1982, ch. 216, § 1, p. 590; am. 1995, ch. 215, § 8, p. 747.

STATUTORY NOTES

Prior Laws.

Former§§ 34-412 to 34-421, which comprised 1963, ch. 268, §§ 5, 6, 10 to 13, p. 681, were repealed by S.L. 1970, ch. 140, § 205.

RESEARCH REFERENCES

A.L.R.

34-413. Reregistration of elector who changes residence.

An elector who moves to another county within the state or to another state within thirty (30) days prior to any election shall be permitted to vote in the ensuing election by absentee ballot or at the polling place assigned to the elector’s prior address.

History.

1970, ch. 140, § 48, p. 351; am. 1972, ch. 392, § 5, p. 1131; am. 1977, ch. 15, § 1, p. 32; am. 1982, ch. 137, § 3, p. 388; am. 1983, ch. 213, § 1, p. 590; am. 1995, ch. 215, § 9, p. 747; am. 2019, ch. 96, § 4, p. 344.

STATUTORY NOTES

Prior Laws.

Former§ 34-413 was repealed. See Prior Laws,§ 34-412.

Amendments.

The 2019 amendment, by ch. 96, added “or at the polling place assigned to the elector’s prior address” at the end of the section.

Effective Dates.

Section 11 of S.L. 1983, ch. 213 declared an emergency. Approved April 13, 1983.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

34-414. Voter’s affidavit of elector who moves within a county. [Repealed.]

STATUTORY NOTES

Prior Laws.

A former§ 34-414, which comprised S.L. 1970, ch. 140, § 49, was repealed by S.L. 1972, ch. 392, § 6.

Another former§ 34-414, which comprised S.L. 1963, ch. 268, § 7, p. 681, was repealed by S.L. 1970, ch. 140, § 205.

Compiler’s Notes.

This section, which comprised I.C.,§ 34-414, as added by 1989, ch. 69, § 1, p. 110, was repealed by S.L. 1995, ch. 215, § 10, effective March 17, 1995.

34-415. Certificates of registration. [Repealed.]

STATUTORY NOTES

Prior Laws.

A former§ 34-415, which comprised 1963, ch. 268, § 8, p. 681, was repealed by S.L. 1970, ch. 140, § 205.

Compiler’s Notes.

This section, which comprised 1970, ch. 140, § 50, p. 351, was repealed by S.L. 1995, ch. 215, § 10, effective March 17, 1995.

34-416. Registration applications.

The registration application shall contain the following warning:
The elector shall read the warning set forth in subsection (1) of this section and shall sign his name in an appropriate place on the completed application.
The registration application completed and signed as provided in this section constitutes the official registration application of the elector. The county clerk shall keep and file all such applications in a convenient manner in his office. Such applications shall be considered confidential and unavailable for public inspection and copying except as provided by subsection (25) of section 74-106, Idaho Code.
The statewide voter registration database maintained by the secretary of state’s office shall constitute the register of electors.

WARNING: Any elector who supplies any information, knowing it to be false, is guilty of perjury.

History.

1970, ch. 140, § 51, p. 351; am. 1972, ch. 392, § 7, p. 1131; am. 2001, ch. 99, § 2, p. 248; am. 2003, ch. 48, § 6, p. 181; am. 2004, ch. 163, § 2, p. 529; am. 2015, ch. 141, § 74, p. 379; am. 2016, ch. 359, § 6, p. 1052; am. 2018, ch. 78, § 2, p. 177.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-416 was repealed. See Prior Laws,§ 34-412.

Amendments.

The 2015 amendment, by ch. 141, substituted “74-106” for “9-340C” in subsection (3).

The 2016 amendment, by ch. 359, substituted “registration application” or “registration applications” for “registration card” or “registration cards” in the section heading and throughout the section.

The 2018 amendment, by ch. 78, deleted “constitute the register of electors and” following “Such applications” in the third sentence of subsection (3) and added subsection (4).

Effective Dates.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

Section 10 of S.L. 2016, ch. 359 declared an emergency. Approved April 5, 2016.

34-417. Changes in boundaries of precinct

Alteration of registration cards. [Repealed.]

Repealed by S.L. 2019, ch. 96, § 5, effective March 18, 2019.

History.

1970, ch. 140, § 52, p. 351.

STATUTORY NOTES

Prior Laws.

A former§ 34-417 was repealed. See Prior Laws,§ 34-412.

Effective Dates.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

34-418. Weekly review of new registration cards — Report to interested officials.

Each week the county clerk shall review the registration cards of all newly registered electors for the past weekly period to determine whether they have been previously registered to vote in another state or in another county within this state. The county clerk or secretary of state, through the statewide voter registration system, shall notify the proper registration official or county clerk where the elector was previously registered so that the prior registration may be canceled. The form of such notice shall be prescribed by the secretary of state.

History.

1970, ch. 140, § 53, p. 351; am. 2006, ch. 70, § 2, p. 214.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-418 was repealed. See Prior Laws,§ 34-412.

Amendments.

The 2006 amendment, by ch. 70, substituted “or secretary of state, through the statewide voter registration system, shall notify” for “shall mail a notification of registration to” and inserted “so that the prior registration may be canceled” in the second sentence, and deleted the former third sentence, which read: “This notice shall explain that the elector has appeared and registered in this county.”

Effective Dates.

Section 5 of S.L. 2006, ch. 70 declared an emergency. Approved March 15, 2006.

34-419. Suspension of registration of electors who appear not to be citizens of the United States.

The county clerk shall remove from the register of electors the official registration application of any elector who appears by the registration records in the office of the county clerk not to be a citizen of the United States and shall suspend the registration of such elector. The county clerk shall mail a written notice of such removal and suspension to the elector at his residence address indicated on the application. If the elector proves to the county clerk that he is in fact a citizen of the United States, his application shall be replaced in the register and his registration reinstated.

History.

1970, ch. 140, § 54, p. 351; am. 2016, ch. 359, § 7, p. 1052.

STATUTORY NOTES

Prior Laws.

Former§ 34-419 was repealed. See Prior Laws,§ 34-412.

Amendments.

The 2016 amendment, by ch. 359, substituted “registration application” for “registration card” twice in the first sentence and substituted “application” for “card” in the last sentence.

Effective Dates.

Section 10 of S.L. 2016, ch. 359 declared an emergency. Approved April 5, 2016.

34-420. No elector’s registration shall be canceled while serving in the armed forces — Exception.

Except as provided in section 34-435, Idaho Code, or for registering to vote in another jurisdiction, no elector’s registration shall be canceled, nor shall he be deprived of his right to vote at any election by reason of the removal of his official registration application from the register of electors, during any period that he is serving in the armed forces of the United States or of any ally of the United States.

History.

1970, ch. 140, § 55, p. 351; am. 1987, ch. 20, § 1, p. 27; am. 2016, ch. 359, § 8, p. 1052; am. 2019, ch. 96, § 6, p. 344.

STATUTORY NOTES

Prior Laws.

Former§ 34-420 was repealed. See Prior Laws,§ 34-412.

Amendments.

The 2016 amendment, by ch. 359, substituted “registration application” for “registration card” near the end of subsection (1).

The 2019 amendment, by ch. 96, deleted the subsection (1) designator; inserted “or for registering to vote in another jurisdiction” near the beginning of the section; and deleted former subsection (2), which read: “In order to facilitate the implementation of the provisions of subsection (1) of this section, the one hundred twenty (120) day limitation in section 34-435, Idaho Code, shall be waived for the year 1987, in order to allow military registrations to be cancelled by the county clerk in calendar year 1987.”

Effective Dates.

Section 10 of S.L. 2016, ch. 359 declared an emergency. Approved April 5, 2016.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

34-421. Reregistration

When required. [Repealed.]

STATUTORY NOTES

This section, which comprised 1970, ch. 140, § 58, p. 351; am. 1981, ch. 255, § 3, p. 545, was repealed by S.L. 1995, ch. 215, § 10, effective March 17, 1995.

34-424 — 34-430. Special registration of persons with less than six months residency. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised S.L. 1970, ch. 140, §§ 59 to 65, p. 351, were repealed by S.L. 1973, ch. 123, §§ 3 to 9, p. 233.

34-431. Challenges of entries in election register.

At the time of any election, any registered elector may challenge the entry of an elector’s name as it appears in the election register. Such a challenge will be noted in the remarks column following the elector’s name stating the reason, such as “died,” “moved,” or “incorrect address.” The individual making the challenge shall sign his name following the entry.

History.

1970, ch. 140, § 66, p. 351.

RESEARCH REFERENCES

A.L.R.

34-432. Correction of election register from challenges at election.

No later than the ninth Friday after each election, the county clerk shall examine the election register and note the challenges as described in section 34-431, Idaho Code. The county clerk shall mail a written inquiry to the challenged elector at his mailing address as indicated on his registration card. Such inquiry shall state the nature of the challenge and provide a suitable form for reply.
Within twenty (20) days from the date of mailing of the written inquiry, the elector may, in person or in writing, state that the information on his registration card is correct. Upon receipt of such a statement or request, the county clerk shall determine whether the information satisfies the challenge. If the county clerk determines that the challenge has not been satisfied, the county clerk shall schedule a hearing on the challenge and shall notify the elector of the place and time of the hearing. The hearing shall be held no later than twenty (20) days after notice is given. At the hearing, the challenged elector may present evidence of qualification. If the county clerk, upon the conclusion of the hearing, determines that the challenged elector’s registration is not valid, the county clerk shall cancel the registration. If a challenged elector fails to make the statement or request in response to the inquiry, the county clerk shall cancel the registration.
The county clerk may make inquiry into the validity of any registration at any time. The inquiry shall proceed as provided in this section.

History.

1970, ch. 140, § 67, p. 351; am. 1982, ch. 137, § 4, p. 388; am. 1989, ch. 146, § 1, p. 353; am. 2006, ch. 70, § 3, p. 214; am. 2019, ch. 96, § 7, p. 344.

STATUTORY NOTES

Amendments.

The 2006 amendment, by ch. 70, deleted “or he may request a change in the information on his registration card” at the end of first sentence in subsection (2).

The 2019 amendment, by ch. 96, substituted “No later than the ninth Friday” for “Within sixty (60) days” at the beginning of subsection (1).

Effective Dates.

Section 5 of S.L. 2006, ch. 70 declared an emergency. Approved March 15, 2006.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

RESEARCH REFERENCES

A.L.R.

34-433. Monthly correction of election register from reported deaths.

The state board of health [and welfare] shall, on or about the 25th day of each month, furnish to the secretary of state a listing showing the name, age, county of residence and residence address of each Idaho resident who has died during the preceding month. The secretary of state shall sort this list by county and furnish a copy of same to each county clerk. Each county clerk shall immediately cancel all registrations of individuals reported as deceased by the state board of health [and welfare] in the board’s report to the secretary of state.

History.

1970, ch. 140, § 68, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Compiler’s Notes.

The bracketed insertions in the first and last sentences were added by the compiler to reflect the correct name of the referenced agency. See§ 56-1005.

34-434. Retention of notices and correspondence relating to correction of election registers.

Copies of all notices and other correspondence issued pursuant to the directives contained in sections 67 and 68 of this act [34-432, 34-433, Idaho Code,] shall be retained by the county clerk for a period of two (2) years from date of mailing.

History.

1970, ch. 140, § 69, p. 351.

STATUTORY NOTES

Compiler’s Notes.

The bracketed insertion was added by the compiler to explain the references in the enacted text.

34-435. Cancellation of registrations following any general election of those not voting for four years.

Within one hundred twenty (120) days following the date of the general election, the county clerk shall examine the election register and the signed statements of challenge made at that election. After this examination, the county clerk shall immediately cancel the registration of any elector who did not vote at any election in the past four (4) years.

This section shall be construed as to provide for a uniform four (4) year registration period for all electors.

History.

1970, ch. 140, § 70, p. 351; am. 1975, ch. 124, § 1, p. 257; am. 1977, ch. 15, § 3, p. 32; am. 1978, ch. 27, § 1, p. 53; am. 1995, ch. 215, § 11, p. 747; am. 2015, ch. 282, § 2, p. 1147.

STATUTORY NOTES

Amendments.

The 2015 amendment, by ch. 282, in the first paragraph, deleted “in 1978 and every general election thereafter” following “general election” in the first sentence and deleted “primary or general” preceding “election” in the last sentence.

Effective Dates.

Section 16 of S.L. 1995, ch. 215 declared an emergency. Approved March 17, 1995.

Section 9 of S.L. 2015, ch. 282 declared an emergency. Approved April 6, 2015.

34-436. Retention of correspondence relating to cancellation of voter’s registration.

All correspondence relating to the cancellation of an elector’s registration shall be preserved by the county clerk for a period of two (2) years following the time of any general election.

History.

1970, ch. 140, § 71, p. 351.

34-437. Furnishing lists of registered electors — Restrictions.

Each of the county clerks, upon receiving a request shall supply to any individual, a current list of the registered electors of the county and their addresses, arranged in groups according to election precincts. The county clerks shall prepare an original of the above list from the state voter registration system at county expense. Any person desiring a copy of the original list shall be furnished the same, and the county clerk shall assess the individual an amount which will compensate the county for the cost of reproducing such copy.
No person to whom a list of registered electors is made available or supplied under subsection (1) of this section and no person who acquires a list of registered electors prepared from such list shall use any information contained therein for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. Provided however, that any such list and label may be used for any political purpose.

History.

1970, ch. 140, § 72, p. 351; am. 1972, ch. 392, § 8, p. 1131; am. 1973, ch. 304, § 5, p. 646; am. 1976, ch. 344, § 1, p. 1147; am. 1982, ch. 137, § 5, p. 388; am. 2003, ch. 48, § 7, p. 181.

STATUTORY NOTES

Effective Dates.

Section 9 of S.L. 1972, ch. 392 declared an emergency. Approved April 3, 1972.

Section 7 of S.L. 1982, ch. 137 declared an emergency. Approved March 22, 1982.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

34-437A. Statewide list of registered electors.

The secretary of state, in conjunction with county clerks, shall develop and implement a single, uniform official, centralized, interactive, computerized statewide voter registration system as required by the help America vote act of 2002 (P.L. 107-252).
The statewide system shall contain the name and registration information of every legally registered voter in the state and assign a unique identifier to each legally registered voter in the state, and include the following:
1. The computerized list shall serve as the single system for storing and managing the official list of registered voters throughout the state.
2. The computerized list shall contain the name and registration information of every legally registered voter in the state.
3. Under the computerized list, a unique identifier shall be assigned to each legally registered voter in the state.
4. The computerized list shall be coordinated with other agency databases within the state.
5. Any election official in the state, including any local election official, may obtain immediate electronic access to the information contained in the computerized list.
6. All voter registration information obtained by any local election official in the state shall be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local official.
7. The secretary of state shall provide such support as may be required so that local election officials are able to enter information as described in subsection (2)(f) of this section.
8. The computerized list shall serve as the official voter registration list for the conduct of all elections for federal office in the state.
Any person desiring a copy of the statewide list of registered electors shall be furnished the same, and the secretary of state shall assess the individual an amount which will compensate the state for the cost of reproducing such copy.

No person to whom a list of statewide electors is furnished and no person who acquires a list of statewide electors prepared from such list shall use any information contained therein for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. Provided however, that any such list and label may be used for any political purpose.

History.

I.C.,§ 34-437A, as added by 1976, ch. 344, § 2, p. 1147; am. 2003, ch. 48, § 8, p. 181.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Federal References.

The help America vote act of 2002, referred to in subsection (1), is codified as 52 U.S.C.S. § 20901 et seq.

Effective Dates.

Although the governor signed S.L. 1976, chapter 344 on April 1, 1976, the attorney general ruled that this bill became law without the governor’s signature on March 31, 1976.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

RESEARCH REFERENCES

A.L.R.

34-437B. Furnishing lists of registered electors to school districts.

Each of the county clerks, upon receiving a request therefor, not later than the thirtieth day prior to a school election, shall, not later than the seventh day prior to the election, supply to a requesting school board a list of registered electors, that are within the school district within which a school district election is to be held. The county clerk may assess the school board an amount which will compensate the county for the cost of preparing such a list.

History.

I.C.,§ 34-437B, as added by 1987, ch. 256, § 3, p. 519; am. 1988, ch. 71, § 1, p. 101; am. 2006, ch. 70, § 4, p. 214.

STATUTORY NOTES

Amendments.

The 2006 amendment, by ch. 70, deleted “by precinct” following “registered electors.”

Effective Dates.

Section 5 of S.L. 1987, ch. 256 (approved April 1, 1987 at 9:45 AM) declared an emergency. However, such section was repealed by § 1 of S.L. 1987, ch. 252 (approved and effective April 1, 1987 at 2:50 PM).

Section 2 of S.L. 1988, ch. 71 declared an emergency. Approved March 22, 1988.

Section 5 of S.L. 2006, ch. 70 declared an emergency. Approved March 15, 2006.

34-438. Data-processing systems

Use for voter registration. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised S.L. 1970, ch. 140, § 73, p. 351, was repealed by S.L. 2003, ch. 48, § 9, effective March 13, 2003.

34-439. Disclosures in elections to authorize bonded indebtedness.

Notwithstanding any other provision of law, any taxing district that proposes to submit any question to the electors of the district that would authorize any bonded indebtedness shall provide a brief official statement setting forth in simple, understandable language information on the proposal substantially as follows:
1. The purpose for which the bonds are to be used including, but not necessarily limited to, a description of the facility and/or project that will be financed, in whole or in part, by the sale of the bonds; the date of the election; and the principal amount of the bonds to be issued;
2. The anticipated interest rate on the proposed bonds based upon current market rates and a maximum interest rate if a maximum is specified in the question to be submitted to electors;
3. The total amount to be repaid over the life of the bonds based on the anticipated interest. Such total shall reflect three (3) components: a total of the principal to be repaid; a total of the interest to be paid; and the sum of both;
4. The estimated average annual cost to the taxpayer of the proposed bond, in the format of “A tax of $ per $100,000 of taxable assessed value, per year, based on current conditions”;
5. The length of time, reflected in months or years, in which the proposed bonds will be paid off or retired; and
6. The total existing indebtedness, including interest accrued, of the taxing district.
1. The formula for calculating the estimated average annual cost to the taxpayer shall be as follows: (2)(a) The formula for calculating the estimated average annual cost to the taxpayer shall be as follows:
2. The elements of which are defined as:
  1. “Bond total” means the total amount to be bonded, from subsection (1)(c) of this section as based on the anticipated interest rate in subsection (1)(b) of this section;
  2. “Duration” means the time, in years, from subsection (1)(e) of this section; and
  3. “Taxable value” means the most recent total taxable value for property for the applicable taxing district, which shall be obtained from the applicable county treasurer or assessor’s office.
The official statement shall be made a part of the ballot prior to the location on the ballot where a person casts a vote and shall be included in the official notice of the election.

((Bond Total/Taxable Value) x 100,000)/Duration = estimated average annual cost to taxpayer; and

History.

I.C.,§ 34-439, as added by 2012, ch. 200, § 2, p. 535; am. 2015, ch. 286, § 1, p. 1158; am. 2018, ch. 261, § 1, p. 618.

STATUTORY NOTES

Prior Laws.

Former§ 34-439, Disclosures in elections to authorize bonded indebtedness, which comprised I.C.,§ 34-440, as added by 1983, ch. 103, § 1, p. 222; am. 1984, ch. 107, § 1, p. 249; am. 1987, ch. 19, § 1, p. 26; am. and redesig. 2005, ch. 25, § 58, p. 82, was repealed by S.L. 2012, ch. 200, § 1, effective April 3, 2012.

Amendments.

The 2015 amendment, by ch. 286, inserted “prior to the location on the ballot where a person cases a vote” in subsection (2).

The 2018 amendment, by ch. 261, inserted present paragraph (1)(d) and redesignated the subsequent paragraphs accordingly and inserted present subsection (2) and redesignated former subsection (2) as subsection (3).

Effective Dates.

Section 3 of S.L. 2012, ch. 200 declared an emergency. Approved April 3, 2012.

34-439A. Disclosures in elections to authorize levy.

Notwithstanding any other provision of law except for the provisions of section 63-802(1)(g) [(1)(h)], Idaho Code, any taxing district that proposes to submit any question to the electors of the district that would authorize any levy, except for the levies authorized for the purposes provided in sections 63-802(1)(g) [(1)(h)] and 33-802(4), Idaho Code, and except for levies relating to bonded indebtedness where section 34-439, Idaho Code, applies, shall include in the ballot question, or in a brief official statement on the ballot but separate from the ballot question, a disclosure setting forth in simple, understandable language information on the proposal substantially as follows:
1. The purpose for which the levy shall be used; the date of the election; and the dollar amount estimated to be collected each year from the levy;
2. The estimated average annual cost to the taxpayer of the proposed levy, in the form of “A tax of $ per one hundred thousand dollars ($100,000) of taxable assessed value, per year, based on current conditions.” The dollar amount shall be calculated by multiplying the expected levy rate by one hundred thousand dollars ($100,000); and
3. The length of time, reflected in months or years, in which the proposed levy will be assessed.
The information called for in subsection (1) of this section shall be placed prior to the location on the ballot where a person casts a vote and shall also be included in like manner in the official notice of the election.

History.

I.C.,§ 34-439A, as added by 2012, ch. 212, § 1, p. 580; am. 2015, ch. 282, § 3, p. 1147; am. 2015, ch. 286, § 2, p. 1158; am. 2016, ch. 47, § 18, p. 98; am. 2019, ch. 86, § 1, p. 212.

STATUTORY NOTES

Amendments.

This section was amended by two 2015 acts which appear to be compatible and have been compiled together.

The 2015 amendment, by ch. 282, rewrote the section to the extent that a detailed comparison is impracticable.

The 2015 amendment, by ch. 286, inserted “prior to the location on the ballot where a person casts a vote” in subsection (2).

The 2016 amendment, by ch. 47, in subsection (2), substituted “section shall be placed” for “section shall” and inserted “and shall” following “casts a vote”.

The 2019 amendment, by ch. 86, in subsection (1), added present paragraph (b) and redesignated former paragraph (b) as paragraph (c).

Compiler’s Notes.

The bracketed insertions in the introductory paragraph in subsection (1) were added by the compiler to account for the 2017 amendment at§ 63-802.

Effective Dates.

Section 9 of S.L. 2015, ch. 282 declared an emergency. Approved April 6, 2015.

CHAPTER 5 POLITICAL PARTIES — ORGANIZATION

Section.

34-501. “Political party” defined — Procedures for creation of a political party.

A “political party” within the meaning of this act, is an organization of electors under a given name. A political party shall be deemed created and qualified to participate in elections in any of the following three (3) ways:
1. By having three (3) or more candidates for state or national office listed under the party name at the last general election, provided that those individuals seeking the office of president, vice president and president elector shall be considered one candidate, or
2. By polling at the last general election for any one of its candidates for state or national office at least three per cent (3%) of the aggregate vote cast for governor or for presidential electors.
3. By an affiliation of electors who shall have signed a petition which shall:
  1. State the name of the proposed party in not more than six (6) words;
  2. State that the subscribers thereto desire to place the proposed party on the ballot;
  3. Have attached thereto a sheet or sheets containing the signatures of at least a number of qualified electors equal to two per cent (2%) of the aggregate vote cast for presidential electors in the state at the previous general election at which presidential electors were chosen;
  4. Be filed with the secretary of state on or before August 30 of even numbered years;
  5. The format of the signature petition sheets shall be prescribed by the secretary of state and shall be patterned after, but not limited to, such sheets as used for state initiative and referendum measures;
  6. The petitions and signatures so submitted shall be verified in the manner prescribed in section 34-1807, Idaho Code.
  7. The petition shall be circulated no earlier than August 30 of the year preceding the general election.
Upon certification by the secretary of state that the petition has met the requirements of this act such party shall, under the party name chosen, have all the rights of a political party whose ticket shall have been on the ballot at the preceding general election.

The newly certified party shall proceed to hold a state convention in the manner provided by law; provided, that at the initial convention of any such political party, all members of the party shall be entitled to attend the convention and participate in the election of officers and the nominations of candidates. Thereafter the conduct of any subsequent convention shall be as provided by law.

History.

I.C.,§ 34-501, as added by 1978, ch. 256, § 2, p. 560; am. 1985, ch. 42, § 1, p. 87; am. 1987, ch. 262, § 1, p. 553.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

The following former sections were repealed by S.L. 1970, ch. 140, § 206, p. 351:

34-501. (1890-1891, p. 57, § 37; reen. 1899, p. 33, § 28; reen. R.C. & C.L., § 364; C.S., § 509; I.C.A.,§ 33-501.)

34-502. (1890-1891, p. 57, § 38; reen. 1899, p. 33, § 29; reen. R.C., § 365; am. 1911, ch. 178, § 11, p. 581; am. 1913, ch. 85, § 16, p. 359; reen. C.L., § 365; C.S., § 510; I.C.A.,§ 33-502; am. 1966 (3rd E.S.), ch. 5, § 1, p. 16.)

34-503. (1890-1891, p. 57, § 51; reen. 1899, p. 33, §§ 42, 43; am. 1905, p. 317, § 1; compiled and reen. R.C. & C.L., § 366; C.S., § 511; I.C.A.,§ 33-503; am. 1944 (1st E.S.), ch. 2, § 1, p. 4; am. 1949, ch. 86, § 1, p. 149; am. 1951, ch. 113, § 1, p. 264; am. 1966 (3rd E.S.), ch. 5, § 2, p. 16.)

34-504. (1890-1891, p. 57, §§ 49, 50; reen. 1899, p. 33, §§ 40, 41; reen. R.C., § 367; am. 1913, ch. 24, p. 93; compiled and reen. C.L., § 367; C.S., § 512; I.C.A.,§ 33-504; am. 1944 (1st E.S.), ch. 2, § 2, p. 4; am. 1951, ch. 77, § 1, p. 145; am. 1953, ch. 233, § 1, p. 348; am. 1957, ch. 219, § 1, p. 497; am. 1963, ch. 358, § 1, p. 1026; am. 1966 (3rd E.S.), ch. 5, § 3, p. 16.)

34-504A. (I.C.,§ 34-504A, as added by 1966 (3rd E.S.), ch. 5, § 4, p. 16.)

34-505. (1890-1891, p. 57, §§ 71, 72; reen. 1899, p. 33, §§ 62, 63; am. R.C., § 368; am. 1913, ch. 24, p. 93; reen. C.L., § 368; C.S., § 513; I.C.A.,§ 33-505.)

34-506. (1890-1891, p. 57, § 76; reen. 1899, p. 33, § 67; am. R.C., § 369; am. 1913, ch. 24, p. 93; reen. C.L., § 369; C.S., § 514; I.C.A.,§ 33-506.)

34-507. (1890-1891, p. 57, § 66; reen. 1899, p. 33, § 57; reen. R.C. & C.L., § 370; C.S., § 515; I.C.A.,§ 33-507; am. 1933, ch. 10, § 1, p. 12; am. 1937, ch. 29, § 1, p. 41; am. 1949, ch. 131, § 1, p. 234; am. 1957, ch. 219, § 1, p. 497; am. 1959, ch. 126, § 1, p. 271.)

Another former§ 34-501, which comprised S.L. 1970, ch. 140, § 74, p. 351; am. 1971, ch. 130, § 1, p. 511; am. 1976, ch. 344, § 3, p. 1147, was repealed by S.L. 1978, ch. 256, § 1.

Compiler’s Notes.

The term “this act”in the introductory paragraph in (1) and in the first paragraph of (2) appears in S.L. 1978, Chapter 256, which is codified as this section only.

Effective Dates.

Section 7 of S.L. 1985, ch. 42 declared an emergency. Approved March 11, 1985.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

Decisions Under Prior Law

Constitutionality.

Former section defining “political parties” was unconstitutional insofar as it had the effect of prohibiting the formation of new parties and, thereby, interfered with the exercise of suffrage by citizens belonging to new parties, in violation ofIdaho Const., Art. I, § 19. American Indep. Party in Idaho, Inc. v. Cenarrusa, 92 Idaho 356, 442 P.2d 766 (1968).

RESEARCH REFERENCES

A.L.R.

34-502. County central committee — Members — Officers — Duties of chairman — Notice to chairman.

The county central committee of each political party in each county shall consist of the precinct committeemen representing the precincts within the county and the county chairman elected by the precinct committeemen. The precinct committeemen within each county shall meet at the county seat within ten (10) days after the primary election and at the time and date designated by the incumbent county chairman, and shall organize by electing a chairman, vice chairman, a secretary, a state committeeman, a state committeewoman, and such other officers as they may desire who shall hold office at the pleasure of the county central committee or until their successors are elected.

Unless state party rules, adopted as provided in section 34-505, Idaho Code, provide otherwise, when a vacancy exists in the office of county central committee chairman, it shall be the duty of the state central committee chairman to call a meeting of the precinct committeemen of the county, and the precinct committeemen shall proceed to elect a chairman of the county central committee for the balance of the unexpired term.

The county central committee shall fill by appointment all vacancies that occur or exist in the office of precinct committeeman who shall be a qualified elector of the precinct.

The county clerk shall deliver in writing to the chairman of the county central committee of each political party on or before January 20 of each year in which a general election is to be held, a list of the election precincts in the county and the names and addresses of the precinct committeemen who were elected at the last primary election, or who have since been appointed as precinct committeemen, as such election or appointment is shown on the records of the county clerk. If the county clerk has no record of precinct committeemen, he shall in writing, so inform the chairman of the county central committee.

The chairman of the county central committee shall on or before February 1 of each year in which a general election is to be held, and at such other times as changes occur, certify to the county clerk the names and addresses of the precinct committeemen of his political party.

History.

1970, ch. 140, § 75, p. 351; am. 1975, ch. 21, § 2, p. 30; am. 1976, ch. 351, § 1, p. 1160; am. 2011, ch. 285, § 4, p. 778.

STATUTORY NOTES

Prior Laws.

Former§ 34-502 was repealed. See Prior Laws,§ 34-501.

Amendments.

Effective Dates.

The 2011 amendment, by ch. 285, deleted the former last sentence, which read: “Immediately upon receipt of certification, the county clerk shall deliver in writing to each precinct committeeman a notice of the provisions of subsection (1) of section 34-406, Idaho Code.” Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

JUDICIAL DECISIONS

Cited in:

in: Marchioro v. Chaney, 442 U.S. 191, 99 S. Ct. 2243, 60 L. Ed. 2d 816 (1979).

34-503. Legislative district central committee — Membership — Officers.

The legislative district central committee of each political party in each legislative district shall consist of the precinct committeemen representing the precincts within the legislative district, and the legislative district chairman elected by the precinct committeemen. The precinct committeemen within each legislative district shall meet within the legislative district or at a convenient location in a legislative district contiguous to the legislative district, or at a convenient location in a county in which any portion of the legislative district sits, within eleven (11) days after the primary election, the meeting time and place to be designated by the incumbent legislative district chairman. At this meeting the precinct committeemen shall organize by electing a chairman, vice chairman, a secretary and such other officers as they may desire, who shall hold office at the pleasure of the legislative district central committee or until their successors are elected.

Unless state party rules, adopted as provided in section 34-506, Idaho Code, provide otherwise, when a vacancy exists in the office of legislative district central committee chairman, it shall be the duty of the state central committee chairman to call a meeting of the precinct committeemen of the legislative district, and the precinct committeemen shall proceed to elect a chairman of the legislative district central committee for the balance of the unexpired term.

History.

1970, ch. 140, § 76, p. 351; am. 1976, ch. 351, § 2, p. 1160; am. 2006, ch. 397, § 1, p. 1222.

STATUTORY NOTES

Prior Laws.

Former§ 34-503 was repealed. See Prior Laws,§ 34-501.

Amendments.

The 2006 amendment, by ch. 397, in the first paragraph, inserted “or at a convenient location in a legislative district contiguous to the legislative district, or at a convenient location in a county in which any portion of the legislative district sits.”

Effective Dates.

Although the governor signed S.L. 1976, chapter 344 on April 1, 1976, the attorney general ruled that this bill became law without the governor’s signature on March 31, 1976.

Section 2 of S.L. 2006, ch. 397 declared an emergency. Approved April 7, 2006.

34-504. State central committee — Membership.

The state central committee of each political party shall consist of all legislative district chairmen, all county central committee chairmen, all state committeemen, and state committeewomen selected by the county central committees. Each of the above members of the state central committee shall be entitled to vote at all meetings of the state central committee.

History.

1970, ch. 140, § 77, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-504 was repealed. See Prior Laws,§ 34-501.

JUDICIAL DECISIONS

Cited in:

in: Marchioro v. Chaney, 442 U.S. 191, 99 S. Ct. 2243, 60 L. Ed. 2d 816 (1979).

Elections shall be held in this state on the following dates or times:

A primary election shall be held on the third Tuesday in May, 2012, and every two (2) years thereafter on the above-mentioned Tuesday.
A general election shall be held on the first Tuesday after the first Monday of November, 2012, and every two (2) years thereafter on the above-mentioned Tuesday.
Special state elections shall be held on the dates ordered by the governor’s proclamation, or as otherwise provided by law.
A presidential primary shall be held on the second Tuesday in March in each presidential election year.

History.

1970, ch. 140, § 81, p. 351; am. 1971, ch. 193, § 1, p. 879; am. 1975, ch. 174, § 12, p. 469; am. 1979, ch. 309, § 2, p. 833; am. 2009, ch. 341, § 57, p. 993; am. 2012, ch. 33, § 2, p. 103; am. 2015, ch. 292, § 4, p. 1166.

STATUTORY NOTES

Prior Laws.

Former§ 34-601, which comprised 1931, ch. 18, § 1, p. 29; I.C.A.,§ 33-601, was repealed by S.L. 1970, ch. 140, § 207.

Amendments.

The 2009 amendment, by ch. 341, in subsections (1) and (4), substituted “third Tuesday in May, 2012” for “fourth Tuesday in May, 1980”; and, in subsection (2), substituted “November, 2012” for “November, 1972.”

The 2012 amendment, by ch. 34, deleted former subsection (4), which read: “A presidential primary shall be held in conjunction with the primary election, on the third Tuesday in May, 2012, and every four (4) years thereafter on the above-mentioned Tuesday.”

The 2015 amendment, by ch. 292, added subsection (4).

Effective Dates.

Section 161 of S.L. 2009, ch. 341 provided that the act should take effect on and after January 1, 2011.

Section 15 of S.L. 2012, ch. 33 declared an emergency. Approved March 1, 2012.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

Decisions Under Prior Law

Filling of Vacancies.

It is the general policy of the law that vacancies in elective offices should be filled at an election as quickly as practicable after the vacancy occurs. Winter v. Davis, 65 Idaho 696, 152 P.2d 249 (1944).

Eligibility.

One ineligible for office at the time of election because of holding another office, the term of which will expire before the beginning of the term of the office for which he is a candidate, was not by his tenure of the office he holds rendered ineligible to be a candidate for the office he seeks. Jordan v. Pearce, 91 Idaho 687, 429 P.2d 419 (1967).

34-602. Publication of notices for primary, general or special elections — Contents.

The several county clerks shall publish at least two (2) times, the notices for any primary, general or special election. The notice shall state the date of the election, the polling place in each precinct and the hours during which the polls shall be open for the purpose of voting, and information about the accessibility of the polling places.

The first notice shall be published at least twelve (12) days prior to any election and the second notice shall be published not later than five (5) days prior to the election. The notice of election shall be published in at least two (2) newspapers published within the county, but if this is not possible, the notice shall be published in one (1) newspaper published within the county or a newspaper which has general circulation within the county.

The second notice of election shall be accompanied by a facsimile, except as to size, of the sample ballot for the election.

History.

1970, ch. 140, § 82, p. 351; am. 2004, ch. 112, § 1, p. 385; am. 2009, ch. 341, § 58, p. 993.

STATUTORY NOTES

Prior Laws.

Former,§ 34-602, which comprised 1931, ch. 18, § 2, p. 29; I.C.A.,§ 33-602, was repealed by S.L. 1970, ch. 140, § 207.

Amendments.

The 2009 amendment, by ch. 341, added the last paragraph.

Effective Dates.

Section 161 of S.L. 2009, ch. 341 provided that the act should take effect on and after January 1, 2011.

34-603. Certification of a proposed constitution, constitutional amendment or other question to be submitted to the people for vote.

Whenever a proposed constitution, constitutional amendment or other question is to be submitted to the people of the state for popular vote, it shall be certified by the secretary of state to the county clerks not later than September 7 in the year in which it will be voted upon. It shall be published in the form prescribed by the secretary of state.

History.

1970, ch. 140, § 83, p. 351; am. 1973, ch. 304, § 6, p. 646; am. 1984, ch. 131, § 2, p. 305; am. 1985, ch. 42, § 2, p. 87.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-603, which comprised I.C.A.,§ 33-602-A, as added by 1933, ch. 185, § 12, p. 341, was repealed by S.L. 1963, ch. 93, § 11, p. 291.

Effective Dates.

Section 7 of S.L. 1984, ch. 131 declared an emergency. Approved March 31, 1984.

Section 7 of S.L. 1985, ch. 42 declared an emergency. Approved March 11, 1985.

34-604. Election of United States senator — Qualifications.

At the general election, 1972, and every six (6) years thereafter, there shall be elected one (1) United States senator. At the general election, 1974, and every six (6) years thereafter, there shall be elected one (1) United States senator.
No person shall be elected to the office of United States senator unless he has attained the age of thirty (30) years at the time of his election, has been a citizen of the United States at least nine (9) years and shall reside within the state at the time of his election.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of five hundred dollars ($500) which shall be deposited in the general fund.

History.

1970, ch. 140, § 84, p. 351; am. 1996, ch. 28, § 1, p. 67.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

The following former sections were repealed by S.L. 1970, ch. 140, § 207:

34-604. (1931, ch. 18, § 3, p. 29; I.C.A.,§ 33-603; am. 1933, ch. 185, § 1, p. 341; am. 1944 (1st E.S.), ch. 2, § 3, p. 4; am. 1947, ch. 5, § 1, p. 7; am. 1959, ch. 146, § 1, p. 331; am. 1963, ch. 93, § 1, p. 291.)

34-605. (1931, ch. 18, § 4, p. 29; I.C.A.,§ 33-604; am. 1965 (E.S.), ch. 1, § 1, p. 5; am. 1966 (3rd E.S.), ch. 5, § 5, p. 16.)

34-606. (1931, ch. 18, § 5, p. 29; I.C.A.,§ 33-605; am. 1933, ch. 185, § 2, p. 341; am. 1937, ch. 42, § 1; p. 53; am. 1944 (1st E.S.), ch. 2, § 4, p. 4; am. 1949, ch. 86, § 4, p. 149; am. 1953, ch. 196, § 1, p. 304; am. 1955, ch. 242, § 1, p. 542; am. 1959, ch. 146, § 2, p. 331; am. 1963, ch. 93, § 2, p. 291; am. 1965, ch. 261, § 1, p. 660; am. 1965, (E.S.), ch. 1, § 2, p. 5; am. 1966 (3rd E.S.), ch. 5, § 6, p. 16; am. 1967, ch. 360, § 1, p. 1011.)

34-607. (1931, ch. 18, § 6, p. 29; I.C.A.,§ 33-606; am. 1935, ch. 123, § 1, p. 287; am. 1959, ch. 125, § 1, p. 270.)

34-608. (1931, ch. 18, § 7, p. 29; I.C.A.,§ 33-607; am. 1933, ch. 185, § 3, p. 341; am. 1937, ch. 42, § 2, p. 53; am. 1965 (E.S.), ch. 1, § 3, p. 5; am. 1966 (3rd E.S.), ch. 5, § 7, p. 16.)

34-609. (1931, ch. 18, § 8, p. 29; I.C.A.,§ 33-608; am. 1966 (3rd E.S.), ch. 5, § 8, p. 16.)

34-610. (1931, ch. 18, § 9, p. 29; I.C.A.,§ 33-609; am. 1963, ch. 93, § 3, p. 291.)

34-611. (1931, ch. 18, § 10, p. 29; I.C.A.,§ 33-610; am. 1963, ch. 93, § 4, p. 291.)

34-612. (1931, ch. 18, § 11, p. 29; I.C.A.,§ 33-611; am. 1933, ch. 185, § 4, p. 341; am. 1937, ch. 54, § 1, p. 69; am. 1951, ch. 253, § 1, p. 550; am. 1959, ch. 146, § 3, p. 331; am. 1963, ch. 93, § 5, p. 291; am. 1966 (3rd E.S.), ch. 5, § 9, p. 16; am. 1967, ch. 360, § 2, p. 1011.) 34-613. (1931, ch. 18, § 12, p. 29; I.C.A.,§ 33-612.)

34-614. (1931, ch. 18, § 13, p. 29; I.C.A.,§ 33-613; am. 1939, ch. 104, § 1, p. 172.)

34-605. Election of United States congressional representatives — Qualifications.

At the general election, 1972, and every alternate year thereafter, there shall be elected in each United States congressional district a member of the United States house of representatives and any additional number of representatives to which the state may be entitled in the state at large.
No person shall be elected to the house of representatives unless he has attained the age of twenty-five (25) years at the time of his election, has been a citizen of the United States at least seven (7) years and shall reside within the state at the time of his election.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of three hundred dollars ($300) which shall be deposited in the general fund.

History.

1970, ch. 140, § 85, p. 351; am. 1983, ch. 213, § 2, p. 590; am. 1996, ch. 28, § 2, p. 67.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-605 was repealed. See Prior Laws,§ 34-604.

RESEARCH REFERENCES

A.L.R.

Construction and application of vacancies in House of Representatives Clause of United States Constitution, U.S. Const. Art. I, § 2, cl. 4, and state provisions concerning such elections. 62 A.L.R.6th 143.

34-606. Election of presidential electors.

At the general election, 1972, and every four (4) years thereafter, there shall be elected such a number of electors of president and vice president of the United States as the state may be entitled to in the electoral college.
No person shall be elected to this position unless he has attained the age of twenty-one (21) years at the time of the election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.
Such electors shall be certified to the secretary of state as provided for by law.

History.

1970, ch. 140, § 86, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-606 was repealed. See Prior Laws,§ 34-604.

RESEARCH REFERENCES

A.L.R.

34-607. Election of governor — Qualifications.

At the general election, 1974, and every four (4) years thereafter, a governor shall be elected.
No person shall be elected to the office of governor unless he shall have attained the age of thirty (30) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of three hundred dollars ($300) which shall be deposited in the general fund.

History.

1970, ch. 140, § 87, p. 351; am. 1996, ch. 28, § 3, p. 67.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-607 was repealed. See Prior Laws,§ 34-604.

JUDICIAL DECISIONS

Cited in:

in: Langmeyer v. State, 104 Idaho 53, 656 P.2d 114 (1982).

RESEARCH REFERENCES

A.L.R.

34-608. Election of lieutenant governor — Qualifications.

At the general election, 1974, and every four (4) years thereafter, there shall be elected a lieutenant governor.
No person shall be elected to the office of lieutenant governor unless he shall have attained the age of thirty (30) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History.

1970, ch. 140, § 88, p. 351; am. 1996, ch. 28, § 4, p. 67.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-608 was repealed. See Prior Laws,§ 34-604.

RESEARCH REFERENCES

A.L.R.

34-609. Election of secretary of state — Qualifications.

At the general election, 1974, and every four (4) years thereafter, a secretary of state shall be elected.
No person shall be elected to the office of secretary of state unless he shall have attained the age of twenty-five (25) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History.

1970, ch. 140, § 89, p. 351; am. 1996, ch. 28, § 5, p. 67.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-609 was repealed. See Prior Laws,§ 34-604.

RESEARCH REFERENCES

A.L.R.

34-610. Election of state controller — Qualifications.

At the general election, 1974, and every four (4) years thereafter, a state controller shall be elected.
No person shall be elected to the office of state controller unless he shall have attained the age of twenty-five (25) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History.

1970, ch. 140, § 90, p. 351; am. 1994, ch. 181, § 1, p. 575; am. 1996, ch. 28, § 6, p. 67.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-610 was repealed. See Prior Laws,§ 34-604.

Effective Dates.

Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.

“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.

“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.” Since such amendment was adopted, the amendment to this section by § 1 of S.L. 1994, ch. 181 became effective January 2, 1995.

RESEARCH REFERENCES

A.L.R.

34-611. Election of state treasurer — Qualifications.

At the general election, 1974, and every four (4) years thereafter, a state treasurer shall be elected.
No person shall be elected to the office of state treasurer unless he shall have attained the age of twenty-five (25) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History.

1970, ch. 140, § 91, p. 351; am. 1996, ch. 28, § 7, p. 67.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-611 was repealed. See Prior Laws,§ 34-604.

RESEARCH REFERENCES

A.L.R.

34-612. Election of attorney general — Qualifications.

At the general election, 1974, and every four (4) years thereafter, an attorney general shall be elected.
No person shall be elected to the office of attorney general unless he shall have attained the age of thirty (30) years at the time of his election, is admitted to the practice of law within the state, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History.

1970, ch. 140, § 92, p. 351; am. 1996, ch. 28, § 8, p. 67.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-612 was repealed. See Prior Laws,§ 34-604.

RESEARCH REFERENCES

A.L.R.

34-612A — 34-612D. Certification of candidates — State, county assemblies — Independent candidates — Unendorsed political party candidates. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

The following sections were repealed by S.L. 1970, ch. 140, § 207:

34-612A. (I.C.,§ 34-612A, as added by 1963, ch. 93, § 6, p. 291; am. 1965 (E.S.), ch. 1, § 4, p. 5; am. 1966 (3rd E.S.), ch. 5, § 10, p. 16.)

34-612B. (I.C.,§ 34-612B, as added by 1963, ch. 93, § 7, p. 291; am. 1966 (3rd E.S.), ch. 5, § 11, p. 16; am. 1967, ch. 360, § 3, p. 1011.)

34-612C. (Repealed and reen., I.C.,§ 34-612C, 1967, ch. 360, § 12, p. 1011.)

34-612D. (I.C.,§ 34-612D, as added by 1963, ch. 93, § 9, p. 291; am. 1966 (3rd E.S.), ch. 5, § 12, p. 16; am. 1967, ch. 360, § 4, p. 1011.)

34-613. Election of superintendent of public instruction — Qualifications.

At the general election, 1974, and every four (4) years thereafter, a superintendent of public instruction shall be elected.
No person shall be elected to the office of superintendent of public instruction unless he shall have attained the age of twenty-five (25) years at the time of his election, is a citizen of the United States, has a bachelor’s degree from an accredited college or university, and shall have resided within the state two (2) years next preceding his election.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History.

1970, ch. 140, § 93, p. 351; am. 1974, ch. 182, § 1, p. 1478; am. 1994, ch. 277, § 1, p. 864; am. 1996, ch. 28, § 9, p. 67.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

State superintendent of public instruction,§ 67-1501 et seq.

Prior Laws.

Former§ 64-613 was repealed. See Prior Laws,§ 34-604.

Effective Dates.

Section 3 of S.L. 1974, ch. 182, declared an emergency. Approved April 2, 1974.

RESEARCH REFERENCES

A.L.R.

34-614. Election of state representatives and senators — Qualifications.

At the general election, 1972, and every alternate year thereafter, there shall be elected in each legislative district such representatives and senators as they may be severally entitled.
No person shall be elected to the office of representative or senator unless he shall have attained the age of twenty-one (21) years at the time of the general election, is a citizen of the United States and shall have been a registered elector within the legislative district one (1) year next preceding the general election at which he offers his candidacy.
Each candidate shall file his declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of thirty dollars ($30.00) which shall be deposited in the general fund.

History.

1970, ch. 140, § 94, p. 351; am. 1981 (Ex. Sess.), ch. 2, § 1, p. 5; am. 1996, ch. 28, § 10, p. 67; am. 2019, ch. 227, § 1, p. 711.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-614 was repealed. See Prior Laws,§ 34-604.

Amendments.

The 2019 amendment, by ch. 227, substituted “been a registered elector” for “resided” near the end of subsection (2).

Effective Dates.

Section 2 of S.L. 1981 (Ex. Sess.), ch. 2 declared an emergency. Approved July 30, 1981.

JUDICIAL DECISIONS

Cited in:

in: Langmeyer v. State, 104 Idaho 53, 656 P.2d 114 (1982).

RESEARCH REFERENCES

A.L.R.

34-614A. Candidates for state legislature.

A candidate for the office of state senator in a multi-member legislative district, and all candidates for the office of representative shall declare, in their declarations of candidacy, the specific seat or position that they seek.
The secretary of state shall designate positions by using the terms “Position A”, “Position B”, and continuing in such fashion until all seats or positions in each district are properly labeled. The positions in each district shall be separately and distinctly placed on the primary and general election ballots, and for each position to be filled the ballot shall state “Vote for one”.
The candidate receiving the greatest number of votes for the position he seeks shall be declared nominated, or elected, as the case may be.

History.

I.C.,§ 34-614A, as added by 1984, ch. 121, § 2, p. 278.

STATUTORY NOTES

Prior Laws.

Former§ 34-614A, which comprised I.C.,§ 34-614A, as added by 1975, ch. 230, § 1, p. 633, was repealed by S.L. 1984, ch. 121, § 1, effective March 30, 1984.

Effective Dates.

Section 3 of S.L. 1984, ch. 121 declared an emergency. Approved March 30, 1984.

34-615. Election — Selection — Of justices of the supreme court — Qualifications.

At the primary election, 1972, and every alternate year thereafter, subject to the provisions of section 34-1217, Idaho Code, there shall be elected justices of the supreme court to fill any vacancy or vacancies occasioned by the expiration of the term or terms of office of any member or members.
To be elected or appointed to the office of justice of the supreme court a person must, at the time of such election or appointment, meet all of the following qualifications:
1. Be at least thirty (30) years of age;
2. Be a citizen of the United States and an elector of the state of Idaho;
3. Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such election or appointment;
4. Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such election or appointment; and
5. Have held a license to practice law or held a judicial office in one (1) or more jurisdictions for at least ten (10) continuous years immediately preceding such election or appointment.
Each candidate for election shall file a declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of three hundred dollars ($300) which shall be deposited in the general fund.

For purposes of this section, the following terms have the following meanings:

(a) “Active,” “judicial” and “good standing” have the same definitions as those terms are given by rule 301 of the Idaho bar commission rules or any successors to those rules;

(b) “Jurisdiction” means a state or territory of the United States, the District of Columbia or any branch of the United States military; and

History.

1970, ch. 140, § 95, p. 351; am. 1972, ch. 46, § 1, p. 84; am. 1985, ch. 29, § 6, p. 52; am. 1996, ch. 28, § 11, p. 67; am. 2015, ch. 310, § 3, p. 1215.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

The following former sections were repealed by S.L. 1970, ch. 140, § 207:

34-615. (1931, ch. 18, § 14, p. 29; I.C.A.,§ 33-614.) 34-616. (1931, ch. 18, § 15, p. 29; I.C.A.,§ 33-615; am. 1933, ch. 185, § 5, p. 341.)

34-617. (1931, ch. 18, § 16, p. 29; I.C.A.,§ 33-616; am. 1933, ch. 185, § 6, p. 341; am. 1949, ch. 131, § 2, p. 234.)

34-618. (1931, ch. 18, § 17, p. 29; I.C.A.,§ 33-617.)

34-619. (1931, ch. 18, § 1, p. 29; I.C.A.,§ 33-618; am. 1959, ch. 146, § 4, p. 331; am. 1966 (3rd E.S.), ch. 5, § 13, p. 16.)

34-620. (1931, ch. 18, § 19, p. 29; I.C.A.,§ 33-619; am. 1959, ch. 146, § 5, p. 331; am. 1966 (3rd E.S.), ch. 5, § 14, p. 16.)

34-621. (1931, ch. 18, § 20, p. 29; I.C.A.,§ 33-620.)

34-622. (1931, ch. 18, § 21, p. 29; I.C.A.,§ 33-621.)

34-623. (1931, ch. 18, § 22, p. 29; I.C.A.,§ 33-622.)

34-624. (1931, ch. 18, § 23, p. 29; I.C.A.,§ 33-623; am. 1933, ch. 185, § 7, p. 341; am. 1953, ch. 39, § 1, p. 58; am. 1957, ch. 82, § 1, p. 133; am. 1966 (3rd E.S.), ch. 5, § 15, p. 16; am. 1967, ch. 360, § 5, p. 1011.)

34-624A. (1966 (3rd E.S.), ch. 5, § 16, p. 16; am. 1967, ch. 360, § 6, p. 1011.)

Amendments.

The 2015 amendment, by ch. 310, inserted “Selection” in the section heading; rewrote subsection (2), which formerly read: “No person shall be elected to the office of justice of the Supreme Court unless he has attained the age of thirty (30) years at the time of his election, is a citizen of the United States, shall have been admitted to the practice of law for at least ten (10) years prior to taking office, and is admitted to practice law in the state of Idaho, and has resided within this state two (2) years next preceding his election”; and substituted “for election shall file a declaration” for “shall file his declaration” in subsection (3).

Legislative Intent.

Section 9 of S.L. 1985, ch. 29 read: “This act shall be in full force and effect on and after July 1, 1985; provided that notwithstanding the provisions of sections 3, 4, 5 and 6 of this act, it is the intent of the legislature that the provisions of this act requiring that persons be admitted to the practice of law within this state for at least ten years prior to taking office, shall not apply to justices or judges holding office on the effective date of this act, nor prohibit them from seeking election, reelection or appointment to the office of supreme court justice, court of appeals judge, or district judge, as provided by law.”

RESEARCH REFERENCES

A.L.R.

34-616. Election — Selection — Of district judges — Qualifications.

At the primary election, 1974, and every four (4) years thereafter, subject to the provisions of section 34-1217, Idaho Code, there shall be elected in each judicial district a sufficient number of district judges to fill any vacancy or vacancies occasioned by the expiration of the term or terms of office of any member or members.
To be elected to the office of district judge a person must, at the time of such election, meet all of the following qualifications:
1. Be at least thirty (30) years of age;
2. Be a citizen of the United States and an elector in the judicial district in which elected;
3. Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such election;
4. Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such election; and
5. Have held a license to practice law or held a judicial office in one (1) or more jurisdictions for at least ten (10) continuous years immediately preceding such election.
Each candidate for election shall file a declaration of candidacy with the secretary of state.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of one hundred fifty dollars ($150) which shall be deposited in the general fund.
To be appointed to the office of district judge a person must, at the time of such appointment, meet all of the following qualifications:
1. Be at least thirty (30) years of age;
2. Be a citizen of the United States and an elector of the state of Idaho;
3. Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such appointment;
4. Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such appointment; and
5. Have held a license to practice law or held a judicial office in one (1) or more jurisdictions for at least ten (10) continuous years immediately preceding such appointment.
For purposes of this section, the following terms have the following meanings:
1. “Active,” “judicial” and “good standing” have the same definitions as those terms are given by rule 301 of the Idaho bar commission rules or any successors to those rules;
2. “Jurisdiction” means a state or territory of the United States, the District of Columbia or any branch of the United States military; and
3. “Elector” means one who is lawfully registered to vote.

History.

1970, ch. 140, § 96, p. 351; am. 1970, ch. 231, § 1, p. 643; am. 1972, ch. 46, § 2, p. 84; am. 1985, ch. 29, § 7, p. 52; am. 1996, ch. 28, § 12, p. 67; am. 2015, ch. 282, § 4, p. 1147; am. 2015, ch. 310, § 4, p. 1215; am. 2016, ch. 47, § 19, p. 98.

STATUTORY NOTES

Cross References.

General fund,§ 67-1205.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-616 was repealed. See Prior Laws,§ 34-615.

Amendments.

This section was amended by two 2015 acts which appear to be compatible and have been compiled together.

The 2015 amendment, by ch. 282, inserted “within the state at least two (2) years and” and inserted “and be an elector of the district” near the end of subsection (2).

The 2015 amendment, by ch. 310, inserted “Selection” in the section heading; rewrote subsection (2), which formerly read: “No person shall be elected to the office of judge of the district court unless he has attained the age of thirty (30) years at the time of his election, is a citizen of the United States, shall have been admitted to the practice of law for at least ten (10) years prior to taking office, and is admitted to practice law in the state of Idaho, and shall have resided within the judicial district one (1) year next preceding his election”; substituted “for election shall file a declaration” for “shall file his declaration” in subsection (3); and added subsection (5).

The 2016 amendment, by ch. 47, deleted an extraneous word at the end of paragraph (2)(e).

Legislative Intent.

Effective Dates.

Section 5 of S.L. 1972, ch. 46 declared an emergency. Approved February 28, 1972.

Section 9 of S.L. 2015, ch. 282 declared an emergency. Approved April 6, 2015.

RESEARCH REFERENCES

A.L.R.

34-617. Election of county commissioners — Qualifications.

A board of county commissioners shall be elected in each county at the general elections as provided by section 31-703, Idaho Code.
No person shall be elected to the board of county commissioners unless he has attained the age of twenty-one (21) years at the time of the election, is a citizen of the United States, and shall have resided in the county one (1) year next preceding his election and in the district which he represents for a period of ninety (90) days next preceding the primary election.
Each candidate shall file his declaration of candidacy with the county clerk.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

History.

1970, ch. 140, § 97, p. 351; am. 1982, ch. 332, § 2, p. 839; am. 1993, ch. 159, § 1, p. 409; am. 1996, ch. 28, § 13, p. 67.

STATUTORY NOTES

Cross References.

District from which member elected,§ 31-702.

Prior Laws.

Former§ 34-617 was repealed. See Prior Laws,§ 34-615.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975); Langmeyer v. State, 104 Idaho 53, 656 P.2d 114 (1982).

Decisions Under Prior Law

Analysis

Counting of Votes.

While commissioners are elected one from each district, voters of the whole county should cast their votes for each of the commissioners, and all votes so cast should be counted in determining who is elected to board. Cunningham v. George, 3 Idaho 456, 31 P. 809 (1892).

Vacancies.

Statutory provisions relating to filling vacancies in county offices by appointment until next general election recognize the democratic principle requiring that elective offices shall, if possible, be filled at all times by incumbents chosen by electors, and that it is general policy of law that vacancies shall be filled at an election as soon as practicable after vacancy occurs. Winter v. Davis, 65 Idaho 696, 152 P.2d 249 (1944).

RESEARCH REFERENCES

A.L.R.

34-618. Election of county sheriffs — Qualifications.

At the general election, 1972, and every four (4) years thereafter, a sheriff shall be elected in every county.
No person shall be elected to the office of sheriff unless he has attained the age of twenty-one (21) years at the time of election, is a citizen of the United States and shall have resided within the county one (1) year next preceding his election.
Each candidate shall file his declaration of candidacy with the county clerk.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.
Each person who has been elected to the office of sheriff for the first time shall complete a tutorial concerning current Idaho law and rules as prescribed by the Idaho peace officers standards and training academy [Idaho peace officer standards and training council], unless the person is already certified as a chief of police, peace officer or detention deputy in the state of Idaho, and shall attend the newly elected sheriffs’ school sponsored by the Idaho sheriffs’ association.

History.

1970, ch. 140, § 98, p. 351; am. 1996, ch. 28, § 14, p. 67; am. 2008, ch. 329, § 1, p. 901.

STATUTORY NOTES

Cross References.

Peace officer standards and training counsel,§ 19-5101 et seq.

Prior Laws.

Former§ 34-618 was repealed. See Prior Laws,§ 34-615.

Amendments.

The 2008 amendment, by ch. 329, added subsection (5).

Compiler’s Notes.

The bracketed insertion in subsection (5) was added by the compiler to correct the name of the referenced agency. See§ 19-5101 et seq.

For more on Idaho sheriffs’ association, referred to in subsection (5), see https://www.idahosheriffs.org .

34-622. Election of county coroners — Qualifications.

At the general election, 1986, and every four (4) years thereafter, a coroner shall be elected in every county.
No person shall be elected to the office of coroner unless he has attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States and shall have resided within the county one (1) year next preceding his election.
Each candidate shall file his declaration of candidacy with the county clerk.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.
All newly elected or appointed county coroners shall attend a coroner’s school within one (1) year of taking office. Such school shall be sponsored or endorsed by the Idaho state association of county coroners.

History.

1970, ch. 140, § 102, p. 351; am. 1994, ch. 54, § 5, p. 93; am. 1996, ch. 28, § 18, p. 67; am. 2010, ch. 355, § 2, p. 932.

STATUTORY NOTES

Prior Laws.

Former§ 34-622 was repealed. See Prior Laws,§ 34-615.

Amendments.

The 2010 amendment, by ch. 355, added subsection (5).

Compiler’s Notes.

For more on Idaho state association of county coroners, see http://idcounties.org/index.aspx?NID=99 .

S.L. 2010, Chapter 355 became law without the signature of the governor, effective July 1, 2010.

Effective Dates.

Section 7 of S.L. 1994, ch. 54, provided that “an emergency existing therefor, which emergency is hereby declared to exist, Sections 4, 5 and 6 of this act shall be in full force and effect on and after March 3, 1994. Sections 1, 2 and 3 of this act shall be in full force and effect on and after July 1, 1994.”

RESEARCH REFERENCES

A.L.R.

34-623. Election of county prosecuting attorneys — Qualifications.

At the general election, 1984, and every four (4) years thereafter, a prosecuting attorney shall be elected in every county.
No person shall be elected to the office of prosecuting attorney unless he has attained the age of twenty-one (21) years at the time of his election, is admitted to the practice of law within this state, is a citizen of the United States and a qualified elector within the county.
Each candidate shall file his declaration of candidacy with the county clerk.
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

History.

1970, ch. 140, § 103, p. 351; am. 1972, ch. 115, § 1, p. 230; am. 1984, ch. 80, § 1, p. 147; am. 1996, ch. 28, § 19, p. 67.

STATUTORY NOTES

Prior Laws.

Former§ 34-623 was repealed. See Prior Laws,§ 34-615.

Effective Dates.

Section 2 of S.L. 1984, ch. 80 declared an emergency. Approved March 23, 1984.

34-624. Election of precinct committeemen — Qualifications.

At the primary election, 1980, and every two (2) years thereafter, a precinct committeeman for each political party shall be elected in every voting precinct within each county. The term of office of a precinct committeeman shall be from the eighth day following the primary election until the eighth day following the next succeeding primary election.
No person shall be elected to the office of precinct committeeman unless he has attained the age of eighteen (18) years at the time of his election, is a citizen of the United States, a registered elector of and shall have resided within the voting precinct for a period of six (6) months next preceding his election.
Each candidate shall file a declaration of candidacy with the county clerk.
No filing fee shall be charged any candidate at the time of his filing his declaration of candidacy.

History.

1970, ch. 140, § 104, p. 351; am. 1971, ch. 29, § 1, p. 73; am. 1972, ch. 128, § 1, p. 256; am. 1975, ch. 174, § 16, p. 469; am. 1979, ch. 309, § 3, p. 833; am. 1996, ch. 28, § 20, p. 67; am. 2011, ch. 285, § 5, p. 778.

STATUTORY NOTES

Prior Laws.

Former§ 34-624 was repealed. See Prior Laws,§ 34-615.

Amendments.

The 2011 amendment, by ch. 285, inserted “a registered elector of” in subsection (2).

Effective Dates.

Section 2 of S.L. 1972, ch. 128 declared an emergency. Approved March 13, 1972.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

RESEARCH REFERENCES

A.L.R.

34-624A. Alternative to precinct committeeman — Precinct committeeman and voters’ delegate to the party’s county and district conventions.

At least sixty (60) days prior to an election at which precinct committeemen are to be elected, the state chairman of any Idaho political party may request the secretary of state to replace, as to that party chairman’s party, the ballot position title of “precinct committeeman” with the ballot position title “precinct committeeman and voters’ delegate to the party’s county and district conventions.” The party chairman making such a request to the secretary of state shall include with his request a sworn and acknowledged affidavit stating that he is the party chairman for his political party and that it is the state policy of his party that precinct committeemen be delegates to the party’s county and district conventions.
Upon receipt of such request and affidavit, the secretary of state shall have the duty to implement the request when prescribing the form and content of ballots and related documents and when preparing ballot instructions for Idaho counties.
After the secretary of state has ordered such use, whenever the title “precinct committeeman” or its plural form shall be used in the Idaho Code, the title shall be construed to include within its meaning the title “precinct committeeman and voters’ delegate to the party’s county and district conventions” or its plural form.

History.

I.C.,§ 34-624A, as added by 1976, ch. 346, § 1, p. 1153.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-624A was repealed. See Prior Laws,§ 34-615.

Effective Dates.

Section 2 of S.L. 1976, ch. 346 declared an emergency. Approved April 1, 1976. The attorney general ruled that S.L. 1976, Chapter 346 became law without the governor’s signature on March 31, 1976.

34-625. Election of highway district commissioners in single countywide districts — Qualifications.

In each general election, highway district commissioners in single countywide districts shall be elected as provided for in section 40-1404, Idaho Code.
No person shall be elected to the office of highway district commissioner unless he shall have attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States, and shall be a resident of the highway district commissioner’s subdistrict for which he seeks office.
Each candidate shall file a declaration of candidacy with the county clerk not less than ninety (90) days prior to the general election. Each declaration of candidacy shall also bear the following words: “I am a resident within the boundaries of Highway District Commissioner’s Subdistrict Number .....”
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of ten dollars ($10.00) which shall be deposited in the county current expense fund.

History.

I.C.,§ 34-625, as added by S.L. 1972, ch. 345, § 1, p. 1013; am. 1985, ch. 253, § 4, p. 586; am. 1987, ch. 75, § 1, p. 146; am. 1998, ch. 300, § 3, p. 987; am. 2007, ch. 313, § 1, p. 884.

STATUTORY NOTES

Prior Laws.

A former§ 34-625, which comprised S.L. 1931, ch. 18, § 24, p. 29; I.C.A.,§ 33-624; am. 1933, ch. 185, § 1, p. 341, was repealed by S.L. 1963, ch. 93, § 11, p. 291. S.L. 1965, ch. 247, § 1, p. 623 created a new§ 34-625 which was repealed by S.L. 1970, ch. 140, § 207.

Amendments.

The 2007 amendment, by ch. 313, substituted “not less than ninety (90) days” for “not more than ninety (90) days nor less than sixty (60) days” in subsection (3).

Effective Dates.

Section 3 of S.L. 1972, ch. 345 provided the act should take effect on and after July 1, 1972.

Section 5 of S.L. 1998, ch. 300 declared an emergency. Approved March 24, 1998.

RESEARCH REFERENCES

A.L.R.

34-625A. Election of highway district commissioners in certain single countywide districts — Qualifications.

In each general election, highway district commissioners in single countywide districts shall be elected as provided for in section 40-1404A, Idaho Code.
No person shall be elected to the office of highway district commissioner unless he shall have attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States, and shall be a resident of the highway district commissioner’s subdistrict for which he seeks office.
Each candidate shall file a declaration of candidacy with the county clerk not less than ninety (90) days prior to the general election. Each declaration of candidacy shall also bear the following words: “I am a resident within the boundaries of Highway District Commissioner’s Subdistrict Number .....”
Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of ten dollars ($10.00) which shall be deposited in the county current expense fund.

History.

I.C.,§ 34-625A, as added by 1998, ch. 300, § 4, p. 987; am. 2007, ch. 313, § 2, p. 884.

STATUTORY NOTES

Amendments.

The 2007 amendment, by ch. 313, substituted “not less than ninety (90) days” for “not more than ninety (90) days nor less than sixty (60) days” in subsection (3).

Effective Dates.

Section 5 of S.L. 1998, ch. 300 declared an emergency. Approved March 24, 1998.

34-626. Petition in lieu of filing fee.

In lieu of paying the filing fee, candidates may qualify for the offices mentioned in section 34-604 through section 34-623, Idaho Code, by filing a declaration of candidacy and a nominating petition. The petition shall contain the signatures of qualified electors as follows:

One thousand (1,000) for any statewide office;
Five hundred (500) for any congressional district office (all signatures within proper district);
Two hundred (200) for the office of district judge (all signatures within proper district);
Fifty (50) for any legislative district office (all signatures within proper district);
Five (5) for any county office (county commissioner signatures shall be within commissioner district).

Signatures on such nominating petitions shall be verified in the manner prescribed in section 34-1807, Idaho Code.

History.

I.C.,§ 34-626, as added by 1996, ch. 28, § 22, p. 67.

STATUTORY NOTES

Prior Laws.

Former§ 34-626, which comprised I.C.,§ 34-626, as added by 1983, ch. 213, § 3, p. 590; am. 1986, ch. 183, § 1, p. 480, was repealed by S.L. 1996, ch. 28, § 21, effective February 15, 1996.

Another former§ 34-626 which comprised S.L. 1931, ch. 18, §§ 24, 25, p. 29; I.C.A.,§ 33-625; am. 1933, ch. 185, § 9, p. 341, was repealed by S.L. 1963, ch. 93, § 11, p. 291.

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

Effective Dates.

Section 29 of S.L. 1996, ch. 28 declared an emergency. Became law without the Governor’s signature, February 15, 1996.

34-627. Holders of partisan elective office changing political parties.

Whenever any holder of a partisan elective office desires to change political parties, the change shall only be effective if the holder files a declaration of intent to change political parties with the election official with whom the holder of the partisan elective office has filed his declaration of candidacy for the office that the holder of the partisan elective office currently holds. After receiving the declaration of intent, the election official shall send a copy of the declaration to the affected political party central committees of both the political party, if any, that the holder of the partisan elective office desires to leave and the political party, if any, that the holder of the partisan elective office desires to join. A holder of a partisan elective office cannot change political parties between the date the holder of partisan elective office files for the primary election through three (3) months after the general election in which the partisan elective office was on the ballot. A holder of a partisan elective office only may change political parties pursuant to this section once per term. The election official shall be authorized to charge a holder of a partisan elective office desiring to change his political party a twenty-five dollar ($25.00) fee to defray the election official’s expenses in administering the provisions of this section.

History.

I.C.,§ 34-627, as added by 1997, ch. 202, § 1, p. 576; am. 2017, ch. 21, § 1, p. 39.

STATUTORY NOTES

Prior Laws.

Former§ 34-627, which comprised, S.L. 1931, ch. 18, § 26, p. 29; I.C.A.,§ 33-626; am. 1933, ch. 185, § 10, p. 341; am. 1953, ch. 263, § 1, p. 454; am. 1963, ch. 93, § 9, p. 291, was repealed by S.L. 1970, ch. 140, § 207.

Amendments.

The 2017 amendment, by ch. 21, deleted the former second sentence, which read: “The party change shall be official five (5) calendar days after receipt of the declaration of intent provided in this section by the election official”.

34-627A — 34-639. Central committees — Counting of votes — Certification of candidates and of results — Vacancies after election. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

The following sections were repealed by S.L. 1970, ch. 140, § 207:

34-627A. (I.C.,§ 34-627A, as added by 1953, ch. 53, § 1, p. 72.)

34-628. (1931, ch. 18, § 27, p. 29; I.C.A.,§ 33-627; am. 1933, ch. 185, § 11, p. 341.)

34-629. (1931, ch. 18, § 28, p. 29; I.C.A.,§ 33-628.)

34-630. (1931, ch. 18, § 29, p. 29; I.C.A.,§ 33-629.)

34-631. (1931, ch. 18, § 30, p. 29; I.C.A.,§ 33-630.)

34-632. (1931, ch. 18, § 31, p. 29; I.C.A.,§ 33-631; am. 1959, ch. 146, § 6, p. 331; am. 1966 (3rd E.S.), ch. 5, § 17, p. 16; am. 1967, ch. 360, § 7, p. 1011.)

34-633. (1931, ch. 18, § 32, p. 29; I.C.A.,§ 33-632.)

34-634. (1931, ch. 18, § 33, p. 29; I.C.A.,§ 33-633; am. 1965 (E.S.), ch. 1, § 5, p. 5; am. 1966 (3rd E.S.), ch. 5, § 18, p. 16.)

34-635. (1931, ch. 18, § 34, p. 29; I.C.A.,§ 33-634; am. 1945, ch. 123, § 1, p. 189.)

34-636. (1931, ch. 18, § 35, p. 29; I.C.A.,§ 33-635; am. 1959, ch. 146, § 7, p. 331; am. 1965 (E.S.), ch. 1, § 6; 1966 (3rd E.S.), ch. 5, § 6.)

34-637. (1931, ch. 18, § 36, p. 29; I.C.A.,§ 33-636; am. 1959, ch. 146, § 8, p. 331; am. 1963, ch. 93, § 10, p. 291; am. 1965 (E.S.), ch. 1, § 5, p. 5; am. 1966 (3rd E.S.), ch. 5, § 20, p. 16.)

34-638. (1931, ch. 18, § 37, p. 29; I.C.A.,§ 33-637; am. 1961, ch. 75, § 1, p. 102; am. 1966 (3rd E.S.), ch. 5, § 21, p. 16.)

34-639. (1931, ch. 18, § 38, p. 29; I.C.A.,§ 33-638.)

34-640. Nomination by convention. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1931, ch. 18, § 39, p. 29; I.C.A.,§ 33-639, was repealed by S.L. 1966 (3rd E.S.), ch. 5, § 22, p. 16.

34-641 — 34-649. Certificates of nomination — Fees — Publication — Declining nomination — Filling of vacancies. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

The following sections were repealed by S.L. 1970, ch. 140, § 207:

34-641. (1931, ch. 18, § 40, p. 29; I.C.A.,§ 33-640.)

34-642. (1931, ch. 18, § 41, p. 29; I.C.A.,§ 33-641.)

34-643. (1931, ch. 18, § 42, p. 29; I.C.A.,§ 33-642.)

34-644. (1931, ch. 18, § 43, p. 29; I.C.A.,§ 33-643.)

34-645. (1931, ch. 18, § 44, p. 29; I.C.A.,§ 33-644; am. 1944 (1st E.S.), ch. 2, § 5, p. 4.)

34-646. (1931, ch. 18, § 45, p. 29; I.C.A.,§ 33-645; am. 1944 (1st E.S.), ch. 2, § 6, p. 4; am. 1959, ch. 146, § 9, p. 331; am. 1965 (E.S.), ch. 1, § 8; am. 1966 (3rd E.S.), ch. 5, § 23; am. 1967, ch. 360, § 8, p. 1011.)

34-647. (1931, ch. 18, § 46, p. 29; I.C.A.,§ 33-646; am. 1944 (1st E.S.), ch. 2, § 7, p. 4.)

34-648. (1931, ch. 18, § 47, p. 29; I.C.A.,§ 33-647; am. 1965 (E.S.), ch. 1, § 9; am. 1966 (3rd E.S.), ch. 5, § 24, p. 16; am. 1967, ch. 360, § 13, p. 1011.)

34-649. (1931, ch. 18, § 48, p. 29; I.C.A.,§ 33-648.)

34-650, 34-650A. Run-off primary elections. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised I.C.,§§ 34-650, 34-650A, as added by 1959, ch. 146, §§ 10, 11, p. 331, were repealed by S.L. 1963, ch. 93, § 11, p. 291.

34-651. “Political party” defined. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section which comprised S.L. 1970, ch. 228, § 1, p. 637 was repealed by S.L. 1970, ch. 140, § 207, effective January 1, 1971. A former section which comprised S.L. 1919, ch. 107, § 2, p. 372; C.S., § 517; am. 1927, ch. 83, § 1, p. 101 was repealed by S.L. 1970, ch. 228, § 2. For present comparable provisions, see§ 34-501.

CHAPTER 7 NOMINATIONS — CONVENTIONS — PRIMARY ELECTIONS

Section.

34-701. Declarations of candidacy and petitions — Form prescribed by secretary of state — Filing fees.

The secretary of state shall prescribe the form for all declarations of candidacy and petitions required to be filed for any office. This form shall be uniform throughout the state; provided, however, that a candidate for judicial office must designate the particular office that he seeks, both in his petitions and declaration of candidacy.
All filing fees shall be paid in cash, cashier’s check, postal money orders, or personal check.

History.

1970, ch. 140, § 105, p. 351; am. 1970, ch. 231, § 2, p. 643; am. 1983, ch. 213, § 4, p. 590.

STATUTORY NOTES

Cross References.

Filing fees for various offices,§§ 34-604 to 34-626.

Penalties for violation of election laws,§ 18-2301 et seq.

Secretary of state,§ 67-901 et seq.

Prior Laws.

The following former sections were repealed by S.L. 1970, ch. 140, § 208:

34-701. (1933, ch. 16, § 1, p. 18; am. 1935, ch. 12, § 1, p. 27; am. 1955, ch. 164, § 1, p. 325.)

34-702. (1933, ch. 16, § 2, p. 18; am. 1935, ch. 12, § 1, p. 27; am. 1949, ch. 86, § 5, p. 149; am. 1955, ch. 164, § 2, p. 325; am. 1967, ch. 148, § 1, p. 334.)

34-703. (1933, ch. 16, § 3, p. 18; am. 1935, ch. 12, § 1, p. 27.)

34-704. (1933, ch. 16, § 4, p. 18; am. 1935, ch. 12, § 1, p. 27; am. 1955, ch. 164, § 3, p. 325.)

34-705. (1933, ch. 16, § 5, p. 18; am. 1935, ch. 12, § 1, p. 27; am. 1955, ch. 164, § 4, p. 325.)

34-706. (1933, ch. 16, § 6, p. 18; am. 1935, ch. 12, § 1, p. 27; am. 1955, ch. 164, § 5, p. 325.)

34-707. (1933, ch. 16, § 7, p. 18; am. 1935, ch. 12, § 1, p. 27; am. 1937, ch. 106, § 1, p. 158; am. 1955, ch. 164, § 6, p. 325.)

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

Decisions Under Prior Law

Analysis

Mandamus.

Supreme court accepted original jurisdiction of mandamus to compel secretary of state to accept and file declaration of candidacy, where validity of constitutional amendment was in issue and time remaining before nominating convention was short. Keenan v. Price, 68 Idaho 423, 195 P.2d 662 (1948).

Non-party Member.

There is no provision of primary law that forbids a political party from nominating one who is not a member of such party, and such nomination does not create a vacancy on such party ticket. Sutphen v. Enking, 39 Idaho 728, 230 P. 38 (1924).

RESEARCH REFERENCES

A.L.R.

Effect of irregularities or defects in primary petitions — State cases. 14 A.L.R.6th 543.

Construction and application of statutes and ordinances concerning establishment of residency, as condition for running for municipal office. 74 A.L.R.6th 209.

34-702. Requirements for write-in candidates at primary.

In addition to possessing all other qualifications, in order to become a candidate of a political party at the general election, those candidates whose names are written in at the primary election must:
1. Receive at least the following number of write-in votes at the primary election:
  1. One thousand (1,000) for any statewide office;
  2. Five hundred (500) for a congressional district office;
  3. Fifty (50) for a legislative district office; or
  4. Five (5) for a county office; and
  5. To offer, propose or threaten to desist from beginning, promoting or circulating any recall petition;
  6. To offer, propose, attempt or threaten in any manner or form to use any recall petition or any power of promotion or opposition in any manner or form for extortion, blackmail or secret or private intimidation of any person or business interest.
2. File a declaration of intent for that office, pursuant to section 34-702A, Idaho Code.
Candidates who are required to file with the secretary of state shall pay the filing fee required for that office no later than the deadline for filing a declaration of intent pursuant to section 34-702A, Idaho Code, or shall file a petition pursuant to section 34-626, Idaho Code.
No write-ins shall be allowed for judicial office.

History.

1970, ch. 140, § 106, p. 351; am. 1970, ch. 231, § 3, p. 643; am. 1976, ch. 60, § 1, p. 200; am. 1996, ch. 28, § 23, p. 67; am. 2020, ch. 69, § 1, p. 157.

STATUTORY NOTES

Prior Laws.

Former§ 34-702 was repealed. See Prior Laws,§ 34-701.

Amendments.

The 2020 amendment, by ch. 69, rewrote the section to the extent that a detailed comparison is impracticable.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

RESEARCH REFERENCES

A.L.R.

34-702A. Declaration of intent for write-in candidates.

No write-in vote for any office in a primary, special, or general election shall be counted unless a declaration of intent has been filed indicating that the person desires the office and is legally qualified to assume the duties of said office if elected. The declaration of intent shall be filed with the secretary of state if for a federal, state, or legislative district office and with the county clerk if for a county office. Such declaration of intent shall be filed no later than the eighth Friday before the day of election. The secretary of state shall prescribe the form for said declaration.
In those counties which utilize optical scan ballots, an elector shall not place on the ballot a sticker bearing the name of a person, or use any other method or device, except writing, to vote for a person whose name is not printed on the ballot.

History.

I.C.,§ 34-702A, as added by 1983, ch. 213, § 5, p. 590; am. 1992, ch. 176, § 3, p. 553; am. 1993, ch. 313, § 4, p. 1157; am. 1999, ch. 221, § 1, p. 588; am. 2001, ch. 272, § 1, p. 993; am. 2010, ch. 162, § 1, p. 335; am. 2020, ch. 69, § 2, p. 157.

STATUTORY NOTES

Amendments.

The 2010 amendment, by ch. 162, substituted “twenty-eight (28) days” for “fourteen (14) days” near the end of the first paragraph.

The 2020 amendment, by ch. 69, added the subsection designators; and substituted “the eighth Friday” for “twenty-eight (28) days” near the end of the third sentence in subsection (1).

Legislative Intent.

Section 1 of S.L. 1992, ch. 176 read: “It is the finding of the legislature that the process of exercising the elective franchise should be made as accessible as possible for as many citizens as possible. The provisions of this bill will achieve a significant consolidation of elections on four (4) election dates in each year. In addition, this election code, which applies to the various political subdivisions of the state of Idaho, will assure access to the nominating process, registration of potential electors, absentee voting opportunity and an increased visibility of the electoral process to assure public access and increase participation. At a future date, it may be warranted to further consolidate elections as events demonstrate that need. The goal of providing increased visibility for the electoral process will be well served by this consolidation of elections, by the increased public notice of filing and election deadlines, and the public education which will accompany the implementation of this act.”

Effective Dates.

Section 7 of S.L. 1992, ch. 176 read: “This act shall be in full force and effect on and after January 1, 1994, except that the provisions of Section 6 [appropriation] of this act shall be in full force and effect on and after July 1, 1992.” Section 15 of S.L. 1993, ch. 313 provided that the act shall be in full force and effect on January 1, 1994.

Section 2 of S.L. 2010, ch. 162 declared an emergency. Approved March 31, 2010.

34-703. Nomination at primary.

All political party candidates for United States senator and representative in congress and all political party candidates for elective state, district and county offices, except candidates for judicial office, at general elections shall be nominated at the primary elections, or shall have their names placed on the general election ballot as provided by law, and shall comply with the provisions of this act.
All candidates for judicial office shall be nominated or elected at the primary election, as provided by section 34-1217, Idaho Code.
Independent candidates shall not be voted on at primary elections.

History.

I. C.,§ 34-703, as added by 1971, ch. 5, § 2, p. 11; am. 1972, ch. 46, § 3, p. 84; am. 1976, ch. 60, § 2, p. 200.

STATUTORY NOTES

Prior Laws.

Former§ 34-703 was repealed. See Prior Laws,§ 34-701.

Compiler’s Notes.

The words “this act”, at the end of subsection (1), were added by S.L. 1971, chapter 5, which is codified as§§ 34-703 to 34-707, 34-2421, and 34-2422. Because these provisions may have been inadvertently omitted from S.L. 1970, chapter 140 (House Bill 555), “this act” may have been meant to refer to that act, which is codified throughout Title 34. Section 1 of S.L. 1971, ch. 5 read:

“The purpose of this bill is to correct inadvertent omissions which occurred in the engrossing process after House Bill No. 555 was amended in the House in the Second Regular Session of the Fortieth Idaho Legislature. The bill, a substantial rewrite of the election laws, was initially properly printed. The bill was passed by the House as amended and sent to be engrossed. The engrosser omitted the following material from the bill sent to the Senate. The erroneous bill passed the Senate and was signed by the Governor. The omitted material thus did not become law. The error was later discovered and the code commissioners then compiled the statutes in such a way as to facilitate adding the text which constitute section 2 through 8 of this bill.”

JUDICIAL DECISIONS

Analysis

Placement on General Election Ballot.

Where the unsuccessful candidate for county commissioner at primary election had been denied only the placement of his name on the general election ballot and not the right to be an independent candidate, the election laws did not deny such candidate equal protection of law, nor did they abridge the free and equal exercise of the right of suffrage by those wishing to vote for an independent candidate. Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

Political Parties Construed.

The reference to political parties is only to political parties in existence at the time of the last preceding general election, and not to newly formed political parties. American Indep. Party in Idaho, Inc. v. Cenarrusa, 92 Idaho 356, 442 P.2d 766 (1968).

Decisions Under Prior Law

Non-party Member.

There was no provision of primary law which forbade political party from nominating one who was not member of such party, and such nomination did not create vacancy on such party ticket. Sutphen v. Enking, 39 Idaho 727, 230 P. 38 (1924).

34-704. Declaration of candidacy.

Any person legally qualified to hold such office is entitled to become a candidate and file his declaration of candidacy. Each political party candidate for precinct, state, district or county office shall file his declaration of candidacy in the proper office between 8 a.m., on the twelfth Monday preceding the primary election and 5 p.m., on the tenth Friday preceding the primary election. All political party candidates shall declare their party affiliation in their declaration of candidacy and shall be affiliated with a party at the time of filing. A candidate shall be deemed affiliated with the political party if the candidate submits a party affiliation form along with the declaration of candidacy to the filing official. The filing official shall reject any declaration of candidacy for partisan office in a primary election from candidates who are not affiliated with a political party. Candidates for nonpartisan office shall file during the period provided for in this section.

Candidates who file a declaration of candidacy under a party name and are not nominated at the primary election shall not be allowed to appear on the general election ballot under any other political party name, nor as an independent candidate.

Independent candidates shall file their declaration of candidacy in the manner provided in section 34-708, Idaho Code.

History.

I.C.,§ 34-704, as added by 1971, ch. 5, § 3, p. 11; am. 1971, ch. 188, § 1, p. 867; am. 1972, ch. 46, § 4, p. 84; am. 1972, ch. 346, § 1, p. 1015; am. 1975, ch. 174, § 17, p. 469; am. 1976, ch. 60, § 3, p. 200; am. 1979, ch. 309, § 4, p. 833; am. 1983, ch. 213, § 6, p. 590; am. 1984, ch. 8, § 1, p. 12; am. 1984, ch. 173, § 3, p. 414; am. 1989, ch. 70, § 1, p. 111; am. 2003, ch. 48, § 10, p. 181; am. 2012, ch. 211, § 5, p. 571.

STATUTORY NOTES

Prior Laws.

Former§ 34-704 was repealed. See Prior Laws,§ 34-701.

Amendments.

The 2012 amendment, by ch. 211, substituted “and shall be affiliated with a party at the time of filing” for “except candidates for nonpartisan office” at the end of the third sentence and added the last three sentences in the last paragraph.

Legislative Intent.

Section 1 of S.L. 1984, ch. 173 read: “Statement of Legislative Findings. The Legislature recognizes that many factors impact decisions regarding legislative apportionment. In adoption of the provisions of this act, the Legislature was cognizant that apportionment is fundamental to good government. In all decisions implemented in this act, certain principles governed. The most important of these was achievement of one person, one vote, as mandated by the federal constitution and interpretations by federal courts. In addition, recognition of county boundaries, creation of compact and contiguous districts, preservation of historical socioeconomic relationships, and recognition of natural topographical barriers weighed heavily upon these deliberations. The Legislature has been particularly aware of the requirements of Section 5, Article III, of the Constitution of the State of Idaho. The necessary balance between principles of the United States Constitution and guarantees of the Idaho Constitution has been placed squarely before the Idaho Legislature. The resulting apportionment, contained herein, is a balance of these and other special criteria, noted in this statement as applicable. “In certain districts, there exist such unique conditions, that deviation from the ideal of one person, one vote, seems not only warranted, but mandated. In Legislative District No. 1 composed of Bonner and Boundary Counties, these counties are bounded on three sides by other states and a foreign nation. No other combination of counties is possible which accomplishes representation of these populations. Similarly, Kootenai County, in Districts No. 2 and No. 3, has deviations from the ideal which may exceed the most desirable, but the county is given recognition through two districts entirely within its boundaries. Any combination with other counties would only serve to dilute the representation of Kootenai County as a separate and distinct unit.

“Benewah and Shoshone Counties are combined in a district without other counties based upon their traditional ties of economic and social interests.

“Four Legislative Districts, No. 5, No. 6, No. 7 and No. 8, illustrate legislative efforts to minimize deviations when it was possible without diluting representation. A floterial district concept is utilized in this area to achieve the representation to which the population total is entitled. The size of the floterial district is limited, however, to five counties, because inclusion of the ten counties north of the southern Idaho County boundary would create a district so large and cumbersome as to be difficult to represent. The diversity of interests thrown into a single district merely for the achievement of minimal deviation would then negate the legitimate representation of these interests.

“District No. 9, which is well below the ideal district size, nevertheless consists of four large and sparsely populated counties. While mathematical purity might be achieved by a combination of these and some northern counties, representation of like interests would be diluted.

“District No. 22 is well above the ideal district size, but represents a combination of counties very large in size, and without responsible alternatives. Bounded as it is by two states, Owyhee County with its sparsely populated expanse, warrants special consideration. Any combination of Owyhee County with another county than Elmore, would result in unnecessary and unwarranted dilution of the representation of the other county.

“District No. 23, composed of five counties of Butte, Clark, Custer, Jefferson and Lemhi, once again illustrates the problems of size and population density. These counties have natural similarities of economic and social interests. They are bounded by another state on one side and by the natural topographical limitation of a large wilderness area and imposing mountain range on the other. While their interests are similar enough to be amenable to good representation, further division or other combinations would only dilute good representation.

“Use of two floterial districts in the southeastern corner of the state achieves better representation because the counties included are similar in their socioeconomic traditions. The size of the resulting districts is not excessive and the similarities of interests would make good representation a reasonable expectation. Further, floterial districts used here make it possible to represent individual counties, thereby maximizing county representation in the Legislature. Only through the use of a floterial district is Bingham County assured the representation to which its population would entitle it. “While the concept of one person, one vote, has been preeminent in the accomplishment of this apportionment, another important factor has also been considered, and that is achievement of access to good representation. Each case of deviation from the ideal population size has been considered in light of the special circumstances which might warrant that deviation from the first principle, and the resulting enactment herein contained is a merger of these diverse interests and principles.”

Compiler’s Notes.

Section 6 of S.L. 1984, ch. 173 read: “The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.”

Effective Dates.

Section 5 of S.L. 1972, ch. 46 declared an emergency. Approved February 28, 1972.

Section 2 of S.L. 1984, ch. 8 declared an emergency. Approved February 24, 1984.

Section 5 of S.L. 1984, ch. 173 declared an emergency and made the act effective retroactively to November 1, 1983, except that the legislative districts as they existed for the purposes of the 1982 general election continued to exist for all necessary purposes of the Forty-seventh Legislature. Approved April 2, 1984.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975); Hellar v. Cenarrusa, 106 Idaho 617, 682 P.2d 570 (1984).

34-705. With whom declarations filed.

All candidates for county offices, whether political party candidates or independent candidates, and all political party candidates for precinct offices shall file their declarations of candidacy with the county clerk of their respective counties. All candidates for district, state and federal offices shall file their declarations of candidacy with the secretary of state.
The secretary of state shall certify to the county clerks, within ten (10) days after the filing deadline, the names of the political party candidates who filed for federal, state and district offices and are qualified for placement on the ballot.
The secretary of state shall certify the name of a candidate being appointed by the appropriate central committee pursuant to section 34-714, 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 (2) of this section.

History.

I.C.,§ 34-705, as added by 1971, ch. 5, § 4, p. 11; am. 1971 (E. S.), ch. 9, § 3, p. 20; am. 1976, ch. 60, § 4, p. 200; am. 2019, ch. 96, § 8, p. 344.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-705 was repealed. See Prior Laws,§ 34-701.

Amendments.

The 2019 amendment, by ch. 96, added the subsection (1) and (2) designators to the extant provisions of the section and added subsection (3); and substituted “for placement on the ballot” for “and by not later than the tenth day prior to the primary shall certify the names of political party candidates who have been appointed by central committees to fill vacancies as provided by section 34-714, Idaho Code” at the end of subsection (2)

Effective Dates.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

34-706. Notification to parties.

Within three (3) days after the deadline for filing declarations of political party candidacy the county clerk shall notify the county central committee of each political party of the candidates who have filed for county and precinct offices under the party name and are qualified.

Within three (3) days after the deadline for filing declarations of political party candidacy the secretary of state shall notify the legislative district central committee of each political party of the legislative candidates who have filed under the party name and are qualified.

Within three (3) days after the deadline for filing declarations of political party candidacy the secretary of state shall notify the state central committee of each political party of the candidates who have filed for federal and state offices under the party name and are qualified.

History.

I.C.,§ 34-706, as added by 1971, ch. 5, § 5, p. 11; am. 1971, ch. 188, § 2, p. 867; am. 1971 (E.S.), ch. 9, § 4, p. 20; am. 1976, ch. 60, § 5, p. 200; am. 1989, ch. 70, § 2, p. 111.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-706 was repealed. See Prior Laws,§ 34-701.

JUDICIAL DECISIONS

Cited in:

in: Hellar v. Cenarrusa, 106 Idaho 617, 682 P.2d 570 (1984).

34-707. Party conventions.

A state convention shall be held by each political party in each election year at a time and place determined by the state central committee. The state central committee chairman shall preside and cause notice to be given to each legislative district central committee and each county central committee at the earliest possible date.

Each state convention shall write and adopt rules and regulations governing the conduct of their respective conventions.

At their convention each political party may:

Adopt and write a party platform.
Elect any desired officers not otherwise provided for by law.
In the year of presidential elections (a) elect delegates to the national convention in the manner prescribed by national party rules; (b) elect a national committeeman and a national committeewoman; and (c) select presidential electors.
Adopt rules, regulations and directives regarding party policies, practices and procedures.

History.

1970, ch. 140, § 111, p. 351; am. 1971, ch. 5, § 6, p. 11; am. 1971 (E.S.), ch. 9, § 5, p. 20; am. 1973, ch. 122, § 1, p. 232; am. 1980, ch. 236, § 1, p. 524; am. 2003, ch. 94, § 1, p. 279.

STATUTORY NOTES

Prior Laws.

Former§ 34-707 was repealed. See Prior Laws,§ 34-701.

Effective Dates.

Section 2 of S.L. 1980, ch. 236, declared an emergency and provided that the act should take effect on and after June 20, 1980.

34-708. Independent candidates.

No person may offer himself as an independent candidate at the primary election.
Any person who desires to offer himself as an independent candidate for federal, state, district, or county office may do so by complying strictly with the provisions of this section. In order to be recognized as an independent candidate, each such candidate must file with the proper officer as provided by section 34-705, Idaho Code, a declaration of candidacy as an independent candidate, during the period specified in section 34-704, Idaho Code. Such declaration must state that he is offering himself as an independent candidate, must declare that he has no political party affiliation, and must declare the office for which he seeks election. Each such declaration must be accompanied by a petition containing the following number of signatures of qualified electors:
1. One thousand (1,000) for any statewide office;
2. Five hundred (500) for any congressional district office;
3. Fifty (50) for any legislative district office;
4. Five (5) for any county office.
Signatures on the petitions required in this section shall be verified in the manner prescribed in section 34-1807, Idaho Code.
If all of the requirements of this section have been met, the proper officer shall cause the name of each independent candidate who has qualified to be placed on the general election ballot, according to instructions of the secretary of state.

History.

I.C.,§ 34-708, as added by 1976, ch. 60, § 6, p. 200; am. 1979, ch. 309, § 5, p. 833; am. 1995, ch. 115, § 1, p. 385; am. 1996, ch. 28, § 24, p. 67; am. 2003, ch. 293, § 1, p. 795.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-708, which comprised 1933, ch. 16, § 8, p. 18; am. 1935, ch. 12, § 1, p. 27, was repealed by S.L. 1970, ch. 140, § 208. S.L. 1970, ch. 140, § 112 created a new§ 34-708 which was repealed by S.L. 1971 (E.S.), ch. 9, § 9.

34-708A. Independent candidates for president and vice-president.

Persons who desire to be independent candidates for the offices of president and vice-president, must file, prior to August 25 of the election year, declarations of candidacy as independent candidates. Such declarations must state that such persons are offering themselves as independent candidates and must declare that they have no political party affiliation. The declarations shall have attached thereto a petition signed by one thousand (1,000) qualified electors.

The candidates for president and vice-president shall be considered as candidates for one (1) office, and only one (1) such petition need be filed for both offices.

Signatures on the petitions required in this section shall be verified in the manner prescribed in section 34-1807, Idaho Code, provided that the petition circulators are not required to be Idaho residents.

History.

I.C.,§ 34-708A, as added by 1977, ch. 14, § 1, p. 30; am. 1979, ch. 309, § 6, p. 833; am. 1985, ch. 42, § 3, p. 87; am. 1987, ch. 262, § 2, p. 553; am. 1996, ch. 28, § 25, p. 67; am. 2011, ch. 285, § 6, p. 778.

STATUTORY NOTES

Amendments.

The 2011 amendment, by ch. 285, substituted “one thousand (1,000) qualified electors” for “a number of qualified electors not less than one percent (1%) of the number of votes cast in this state for presidential electors at the previous general election at which a president of the United States was elected” in the first paragraph and added “provided that the petition circulators are not required to be Idaho residents” at the end of the last paragraph.

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

34-709, 34-710. Certification of candidates — Placing of names on ballot. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised I.C.,§§ 34-709, 34-710, as added by 1953, ch. 36, § 1, p. 52, were repealed by S.L. 1970, ch. 140, § 208. The 1970 act created new§§ 34-709 and 34-710, which comprised S.L. 1970, ch. 140, §§ 113, 114; am. 1971, ch. 188, § 3, and which were repealed by S.L. 1971 (E.S.), ch. 9, § 9.

34-711. Certification of candidates for president, vice president and presidential electors.

The state chairman of each political party shall certify the names of the presidential and vice-presidential candidates and presidential electors to the secretary of state on or before September 1, unless a five (5) day extension is granted by the secretary of state, in order for them to appear on the general election ballot. The secretary of state shall certify such candidates to the county clerks at the same time as certification of political party candidates nominated for state and federal offices by the voters in the primary election.

History.

1970, ch. 140, § 115, p. 351; am. 1972, ch. 346, § 2, p. 1015; am. 1976, ch. 60, § 7, p. 200; am. 1984, ch. 131, § 3, p. 305; am. 1985, ch. 42, § 4, p. 87; am. 2003, ch. 94, § 2, p. 279.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-711, which comprised I.C.,§ 34-711, as added by 1953, ch. 36, § 1, p. 52, was repealed by S.L. 1970, ch. 140, § 208.

34-711A. Certification of independent presidential electors.

Independent candidates who have qualified for ballot status pursuant to section 34-708A, Idaho Code, shall certify the names of presidential electors to the secretary of state on or before September 1, in order for them to appear on the general election ballot. The secretary of state shall certify the independent presidential electors, and the independent candidates for president and vice-president, to the county clerks on or before September 7.

History.

I.C.,§ 34-711A, as added by 1977, ch. 14, § 2, p. 30; am. 1984, ch. 131, § 4, p. 305; am. 1985, ch. 42, § 5, p. 87.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Effective Dates.

Section 7 of S.L. 1984, ch. 131 declared an emergency. Approved March 31, 1984.

Section 7 of S.L. 1985, ch. 42 declared an emergency. Approved March 11, 1985.

34-712. Sample form for primary election ballots.

The secretary of state shall provide the sample form of the primary election ballot to each of the county clerks no later than forty (40) days prior to the primary. The sample ballot shall contain the proper political party candidates to be voted upon within the county whose declarations were filed and certified in the office of the secretary of state with instructions for the placing of political party candidates seeking the political party nomination for county and precinct offices. If a county is within more than one (1) legislative district, the secretary of state shall provide a sample ballot for each legislative district which includes part of the county.

History.

1970, ch. 140, § 116, p. 351; am. 1970, ch. 231, § 4, p. 643; am. 1971, ch. 188, § 4, p. 867; am. 1971 (E.S.), ch. 9, § 6, p. 20; am. 1972, ch. 346, § 3, p. 1015; am. 1976, ch. 60, § 8, p. 200.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§§ 34-712 to 34-714, which comprised I.C.,§§ 34-712 to 34-714, as added by 1953, ch. 36, § 1, p. 52, were repealed by S.L. 1970, ch. 140 § 208.

34-713. Preparation of primary ballots.

Upon receipt of the sample ballot and instructions from the secretary of state, each county clerk shall print and prepare the official primary ballots for the forthcoming election. The printing of the ballots shall be a county expense and paid out of the county treasury except presidential primary ballots, which shall be paid for as provided in section 34-738, Idaho Code.

Each county clerk shall cause to be published on the earliest date possible the names of all the political party candidates who shall appear on the primary or presidential primary ballot. The names shall be listed alphabetically under each particular office title.

History.

1970, ch. 140, § 117, p. 351; am. 1975, ch. 174, § 13, p. 469; am. 1976, ch. 60, § 9, p. 200; am. 1979, ch. 309, § 7, p. 833; am. 2012, ch. 33, § 3, p. 103; am. 2015, ch. 292, § 5, p. 1166.

STATUTORY NOTES

Cross References.

Preparation, distribution and publication of sample ballots,§ 34-2425.

Primary election ballots preparation,§ 34-904.

Printing of ballots and ballot labels,§ 34-2418.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-713 was repealed. See Prior Laws,§ 34-712.

Amendments.

The 2012 amendment, by ch. 34, deleted “except presidential preference primary ballots which shall be paid for as provided in section 34-739, Idaho Code” from the end of the second sentence in the first paragraph and deleted “and the names of all political party candidates who shall appear on the presidential preference primary ballot” from the end of the first sentence in the second paragraph.

The 2015 amendment, by ch. 292, added “except presidential primary ballots, which shall be paid for as provided in section 34-738, Idaho Code” at the end of the first paragraph; and, in the first sentence of the second paragraph, deleted “in May” following “date possible” and inserted “or presidential primary”.

Effective Dates.

Section 15 of S.L. 2012, ch. 33 declared an emergency. Approved March 1, 2012.

34-714. Filling vacancies in slate of political party candidates occurring prior to primary election.

Vacancies that occur before the primary election in the slate of candidates of any political party because of the death, disqualification for any reason, or withdrawal from the nomination process by the candidate, shall be filled in the following manner if only one (1) candidate declared for that particular office:
1. By the county central committee if the vacancy occurs for the office of precinct committeeman or for a county office.
2. By the legislative district central committee if the vacancy occurs for the office of state representative or state senator.
3. By the state central committee if the vacancy occurs for a federal or state office.
No central committee shall fill any vacancy which occurs within ten (10) days prior to the primary election. Vacancies which occur during this ten (10) day period because of the death, disqualification for any reason, or withdrawal from the nomination process by the candidate shall be filled according to the provisions of section 34-715, Idaho Code.
Vacancies that occur in a slate of candidates for precinct committeeman within ten (10) days prior to the primary election shall not be filled.

The county and legislative district central committee shall fill the vacancy within fifteen (15) days from the date the vacancy occurred. The state central committee shall fill the vacancy within thirty (30) days from the date the vacancy occurred.

Any political party candidate so appointed by the proper central committee must, in order to have his name on the primary ballot, file a declaration of candidacy and pay the required filing fee.

History.

1970, ch. 140, § 118, p. 351; am. 1971 (E.S.), ch. 9, § 7, p. 20; am. 1975, ch. 21, § 3, p. 30; am. 1976, ch. 60, § 10, p. 200; am. 1989, ch. 70, § 3, p. 111; am. 1996, ch. 28, § 26, p. 67; am. 1999, ch. 222, § 1, p. 588.

STATUTORY NOTES

Prior Laws.

Former§ 34-714 was repealed. See Prior Laws,§ 34-712.

JUDICIAL DECISIONS

Cited in:

in: Hellar v. Cenarrusa, 106 Idaho 617, 682 P.2d 570 (1984).

34-715. Filling of vacancies occurring before or after primary election.

Vacancies that occur during the ten (10) day period before a primary election, or after the primary election but at least ten (10) days before the general election in the slate of candidates of any political party, except candidates for precinct committeeman, shall be filled in the following manner:

By the county central committee if it is a vacancy by a candidate for a county office.
By the legislative district central committee if it is a vacancy by a candidate for the state legislature.
By the state central committee if it is a vacancy by a candidate for a federal or a state office.

Any political party candidate so appointed by the proper central committee must, in order to have his name on the general ballot, file a declaration of candidacy and pay the required filing fee.

Vacancies that occur in a slate of candidates for precinct committeeman within ten (10) days prior to the primary election shall not be filled.

History.

1970, ch. 140, § 119, p. 351; am. 1972, ch. 346, § 4, p. 1015; am. 1976, ch. 60, § 11, p. 200; am. 1977, ch. 21, § 1, p. 43; am. 1983, ch. 213, § 7, p. 590; am. 1996, ch. 28, § 27, p. 67; am. 1999, ch. 222, § 2, p. 588.

STATUTORY NOTES

Effective Dates.

Section 5 of S.L. 1972, ch. 346 declared an emergency. Approved March 31, 1972.

Section 29 of S.L. 1996, ch. 28 declared an emergency. Became law without the governor’s signature, February 15, 1996.

JUDICIAL DECISIONS

Cited in:

in: Hansen v. Morgan, 582 F.2d 1214 (9th Cir. 1978).

34-716. Vacancies of candidates for nonpartisan offices occurring before general election not filled — Exceptions — Judicial offices.

All vacancies of candidates for nonpartisan offices that occur after the primary election but before the general election, except vacancies in the offices of nominated candidates for judicial office which shall be filled as provided in this section, shall not be filled.
If a candidate for judicial office has received a majority of the votes cast for the office at the primary election, he shall be deemed elected as provided by section 34-1217, Idaho Code. Thereafter, if the judge-elect dies, moves from the state, or otherwise becomes ineligible to serve in the judicial office, the secretary of state shall declare that a vacancy exists in the judicial office, but that no other candidate for the office will be offered at the general election. The vacancy shall be filled as provided by law, as if the judge-elect had already assumed office.
If three (3) or more candidates sought a judicial office at the primary election, and no candidate for the judicial office received a majority of the votes cast for the office at the primary election, and either of the candidates certified to be a nominee at the general election dies, moves from the state, or otherwise becomes ineligible to serve in the judicial office, the secretary of state shall cause the name or names of the candidate or candidates receiving the next highest number of votes cast at the primary election after the two (2) candidates certified, to be certified as nominees for the judicial office at the general election, so that two (2) candidates shall be offered for each judicial office to be filled. In the event only one (1) vacancy on the general election ballot is to be filled by the procedure outlined in this subsection, and there exists a tie among two (2) or more judicial candidates receiving the next highest number of votes, such candidates, or their personal designees, shall meet in the office of the secretary of state at a time fixed by him upon ten (10) days written notice to such interested candidates, or their designees, and a candidate to fill each such vacancy on the general election ballot shall be selected by lot from the candidates receiving the same number of votes at the primary election. The secretary of state shall cause the name of the persons so selected to appear on the general election ballot.

History.

1970, ch. 140, § 120, p. 351; am. 1972, ch. 333, § 1, p. 841.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Effective Dates.

Section 3 of S.L. 1972, ch. 333 declared an emergency. Approved March 27, 1972.

34-717. Withdrawal of candidacy.

A candidate for nomination or candidate for election to a partisan office may withdraw from the election by filing a notarized statement of withdrawal with the officer with whom his declaration of candidacy was filed. The statement must contain all information necessary to identify the candidate and the office sought and the reason for withdrawal. The filing officer shall immediately notify the proper central committee of the party, if any, of the individual withdrawing. A candidate may not withdraw later than forty-five (45) days before an election, except in the case of a primary election, when the deadline shall be no later than the eighth Friday preceding the primary election, or a general election, when the deadline shall be no later than September 7. Filing fees paid by the candidate shall not be refunded.
Any candidate who has filed a statement of withdrawal pursuant to this section shall not be allowed to be appointed to fill a vacancy unless such vacancy occurs because of the death of a previous candidate.

History.

I.C.,§ 34-717, as added by 1983, ch. 213, § 8, p. 590; am. 1999, ch. 222, § 3, p. 588; am. 2011, ch. 11, § 12, p. 24; am. 2015, ch. 155, § 1, p. 545.

STATUTORY NOTES

Prior Laws.

Former§ 34-717, which comprised S.L. 1970, ch. 231, § 6, was repealed by S.L. 1972, ch. 333, § 2.

Amendments.

The 2011 amendment, by ch. 11, substituted “election to a partisan office” for “election to an office” in the first sentence in the first paragraph

The 2015 amendment, by ch. 155, added the subsection designations and inserted “primary election, when the deadline shall be no later than the eighth Friday preceding the primary election, or a” in the next-to-last sentence in subsection (1).

Effective Dates.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

34-718 — 34-722. Filling of vacancies after nomination for judicial offices. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised S.L. 1970, ch. 231, §§ 7 to 11, were repealed by S.L. 1972, ch. 333, § 2.

34-723 — 34-730. [Reserved.]

In years in which a president of the United States is to be nominated and elected, a presidential primary shall be held at which voters may express their choice of candidate for nomination by a political party for president. The presidential primary shall be held on the second Tuesday in March in each presidential election year.
Participation in a presidential primary by a political party shall be optional, and nothing in this chapter shall be construed as mandating a party’s participation in a presidential primary. Any party that intends to participate in a presidential primary shall notify the secretary of state’s office no later than the last Tuesday in the November prior to the presidential primary.

History.

1975, ch. 174, § 9, p. 469; am. 1979, ch. 309, § 9, p. 833.

34-740. Rules.

The secretary of state as chief election officer may adopt such rules as are necessary to facilitate the operation, accomplishment and purpose of this chapter.

History.

1975, ch. 174, § 10, p. 469; am. 2015, ch. 292, § 7, p. 1166.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2015 amendment, by ch. 292, deleted “and regulations” from the section heading and within the text and substituted “this chapter” for “this act”.

34-731. Presidential primary.

CHAPTER 8 REGISTRATION OF ELECTORS

Section.

34-801 — 34-818. Registrars and deputies — Appointment, notices, delivery of register. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This chapter, which comprised 1890-1891, p. 57, §§ 45, 47; reen. 1899, p. 33, §§ 36, 38; reen. R.C., § 400; am. R.C., § 398; reen. 1917, ch. 44, §§ 6, 8, p. 102; C.L., §§ 398, 400; C.S., §§ 566, 568; 1931, ch. 220, §§ 1 to 16; I.C.A.,§§ 33-701 to 33-718; am. 1945, ch. 42, § 1, p. 55; am. 1949, ch. 16, § 1, p. 18; am. 1951, ch. 89, § 1, p. 161; am. 1955, ch. 122, § 1, p. 249; am. 1963, ch. 358, § 2, p. 1026; am. 1965, ch. 263, § 1, p. 668; am. 1966 (3rd E.S.), ch. 5, § 25, p. 16, was repealed by S.L. 1970, ch. 140, § 209. For present comparable provisions, see§ 34-404 et seq.

CHAPTER 9 BALLOTS

Section.

34-901. Official election ballot identification.

The county clerk shall provide that all election ballots are identified as official. Each ballot shall have upon its face the date and year of the election in which it is used and the words “Official Election Ballot.”
The clerk in a county that utilizes optical scan ballots shall ensure that:
1. The official election ballot identification is printed on each ballot issued; and
2. Each ballot contains a unique marking to prevent duplication of official election ballots.
The clerk in a county that utilizes paper or other ballots shall provide an official election stamp of such character or device and of such material as the board of county commissioners may select. In the event such stamp is lost, destroyed or unavailable upon election day, the distributing clerk shall initial each ballot and write “stamped” upon the ballot in the appropriate place.

History.

1970, ch. 140, § 121, p. 351; am. 2013, ch. 285, § 2, p. 735.

STATUTORY NOTES

Cross References.

Ballots, printing, form,§ 34-2414.

Penalties for tampering with ballots or defacing supplies,§§ 18-2316, 18-2317.

Voting by absentee ballot,§ 34-1001 et seq.

Prior Laws.

The following former sections were repealed by S.L. 1970, ch. 140, § 210:

34-901. (1890-1891, p. 57, § 53; reen. 1899, p. 33, § 44; reen. R.C. & C.L., § 402; C.S., § 570; I.C.A.,§ 33-801; am. 1944 (1st E.S.), ch. 2, § 8, p. 4; am. 1949, ch. 86, § 3, p. 149.)

34-902. (1890-1891, p. 57, § 54; reen. 1899, p. 38, § 45; reen. R.C. & C.L., § 403; C.S., § 571; I.C.A.,§ 33-802; am. 1951, ch. 34, § 1, p. 45.)

34-903. (1890-1891, p. 57, §§ 55, 56; reen. 1899, p. 33, §§ 46, 47; reen. R.C. & C.L., § 404; C.S., § 572; I.C.A.,§ 33-803; am. 1966 (3rd E.S.), ch. 5, § 26, p. 16.)

34-904. (1890-1891, p. 57, § 57; reen. 1899, p. 33, § 48; am. 1903, p. 354, § 1; am. 1905, p. 311, § 1; am. R.C., § 405; am. 1913, ch. 100, p. 416; am. 1917, ch. 93, § 1, p. 318; reen. C.L., § 405; am. 1919, ch. 169, p. 540; C.S., § 573; I.C.A.,§ 33-804; am. 1941, ch. 49, § 1; p. 104; am. 1944 (1st E.S.), ch. 2, § 9, p. 4; am. 1949, ch. 141, § 1, p. 247; am. 1951, ch. 23, § 1, p. 34; am. 1953, ch. 54, § 1, p. 73; am. 1967, ch. 360, § 9, p. 1011.)

Amendments.

The 2013 amendment, by ch. 285, substituted “ballot identification” for “stamp” in the section heading and rewrote the section, which formerly read: “The county clerk shall provide for an official election stamp of such character or device, and of such material as the board of county commissioners may select. Each stamp shall have upon its face the date and year of the election in which it is used and the words ‘Official Election Ballot.’ In the event such stamp is lost, destroyed or unavailable upon election day, the distributing clerk shall initial each ballot and write ‘stamped’ upon the ballot in the appropriate place.”

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.

1970, ch. 140, § 122, p. 351; am. 1975, ch. 174, § 14, p. 469; am. 1979, ch. 309, § 10, p. 833; am. 2011, ch. 11, § 13, p. 24.

STATUTORY NOTES

Cross References.

Printed matter and supplies for the proper use of voting machines and vote tally systems,§ 34-2414.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-902 was repealed. See Prior Laws,§ 34-901.

Amendments.

The 2011 amendment, by ch. 11, deleted “At its regular meeting in March” from the beginning of the first sentence in the first paragraph.

Effective Dates.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

JUDICIAL DECISIONS

Decisions Under Prior Law

Analysis

Ballots as evidence. Duties of commissioners.

Ballots as Evidence.

In order to introduce ballots in evidence in election contest, party offering them must show that the law governing protection and preservation of ballots has been complied with. Viel v. Summers, 35 Idaho 182, 209 P. 454 (1922).

Duties of Commissioners.

County auditor (now commissioner) in preparing official ballots acts ministerially only and must place upon the ballot in the proper column names of all candidates whose nominations have been duly certified to him. Miller v. Davenport, 8 Idaho 593, 70 P. 610 (1902); Fuller v. Corey, 18 Idaho 558, 110 P. 1035 (1910).

34-903. Secretary of state to prescribe form and contents of all ballots and related documents.

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.
The secretary of state shall prescribe the arrangement of the matter to be printed on each kind of ballot and label, including:
1. The placement and listing of all offices, candidates and issues upon which voting is statewide, which shall be uniform throughout the state.
2. 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.
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.
The names of candidates which appear on election ballots for federal, state, county and city offices shall be rotated in the manner determined by the secretary of state. The order of candidates for office in 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.
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.

1970, ch. 140, § 123, p. 351; am. 1971, ch. 189, § 1, p. 870; am. 1987, ch. 313, § 1, p. 656; am. 2011, ch. 285, § 8, p. 778; am. 2012, ch. 211, § 6, p. 571; am. 2015, ch. 282, § 5, p. 1147.

STATUTORY NOTES

Cross References.

Preparation of ballots and ballot labels,§§ 34-713, 34-904, 34-911, 34-2418, 34-2419 and 34-2425.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-903 was repealed. See Prior Laws,§ 34-901.

Amendments.

The 2011 amendment, by ch. 285, in subsection (4), substituted “The names of candidates which appear on election ballots for federal, state, county and city offices” for “The names of all candidates which appear on any election ballot” and added the last sentence.

The 2012 amendment, by ch. 211, inserted “partisan” preceding “office” in the first sentence in subsection (5).

The 2015 amendment, by ch. 282, inserted “or one (1) judicial office” in the first sentence in subsection (5).

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

Section 9 of S.L. 2015, ch. 282 declared an emergency. Approved April 6, 2015.

JUDICIAL DECISIONS

Decisions Under Prior Law

Analysis

One Ticket Only.

Only one ticket under the recognized name of a political party may be placed upon the official ballot. Williams v. Lewis, 6 Idaho 184, 54 P. 619 (1898), overruled on other grounds, Stein v. Morrison, 9 Idaho 426, 75 P. 246 (1904).

Write-in Votes.

Write-in votes for office inserted in blank space under Republican column were required to be counted along with write-in votes inserted in blank column to determine total votes cast for write-in candidates for office. McCall v. Martin, 74 Idaho 277, 262 P.2d 787 (1953).

RESEARCH REFERENCES

A.L.R.

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.

I.C.,§ 34-903A, as added by 2008, ch. 408, § 2, p. 1124.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Compiler’s Notes.

Section 1 of S.L. 2008, ch. 408 provided “Legislative Findings. The Legislature finds that:

“(1) The state has a compelling state interest in the matters described herein;

“(2) The protection of the integrity and fairness of the ballot is integral to the protection of the right to vote;

“(3) Ballots serve primarily to elect candidates not as fora for political expression;

“(4) Neither the state, a political party, nor a candidate has the right to send a particularized political message on the ballot;

“(5) Permitting candidates to convey or place a political message on the ballot by use of a changed name without explanation undermines ballot integrity by transforming the ballot from a means of choosing candidates to a billboard for political advertising;

“(6) To mix names of candidates with apparent political propositions is confusing to voters and will directly affect the integrity of the ballot, cause spoiled ballots due to double votes for the same office and potentially produce a result not intended by voters;

“(7) It is necessary for the purpose of eliminating confusion to clarify the ballot and to advise voters that the vote to be cast is for a person and not a political proposition; and “(8) As a result of all of the above, it is appropriate to clarify the ballot with an explanation that voters are casting a vote for a person and not a political proposition.”

The words enclosed in parentheses so appeared in the law as enacted.

Effective Dates.

Section 3 of S.L. 2008, ch. 408 declared an emergency. Approved April 11, 2008.

RESEARCH REFERENCES

A.L.R.

34-904. Primary election ballots.

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.
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.
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.

1970, ch. 140, § 124, p. 351; am. 1971, ch. 189, § 2, p. 870; am. S.L. 1972, ch. 130, § 1, p. 259; am. 1983, ch. 213, § 10, p. 590; am. 2001, ch. 272, § 2, p. 993; am. 2011, ch. 319, § 7, p. 929; am. 2012, ch. 57, § 1, p. 157; am. 2020, ch. 69, § 3, p. 157.

STATUTORY NOTES

Cross References.

No write-ins shall be allowed for judicial office,§ 34-702.

Preparation and distribution of sample ballots,§ 34-2425.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-904 was repealed. See Prior Laws,§ 34-901.

Amendments.

The 2011 amendment, by ch. 319, added the subsection designations and, in subsection (1), substituted “There shall be a single primary election ballot on which the complete ticket of each political party shall be printed;” for “There shall be a single primary election ballot on which the complete ticket of each political party shall be printed” and deleted the former second sentence, which read “Each political ticket shall be separated from the others by a perforated line that will enable the elector to detach the ticket of the political party voted from those remaining.”

The 2012 amendment, by ch. 57, deleted “only” preceding “its ticket” in the first sentence of subsection (1). The 2020 amendment, by ch. 69, substituted “when needed” for “under each office title” at the end of subsection (1).

Legislative Intent.

Effective Dates.

Section 11 of S.L. 1983, ch. 213 declared an emergency. Approved April 13, 1983.

Section 2 of S.L. 2012, ch. 57 declared an emergency. Approved March 13, 2012.

JUDICIAL DECISIONS

Constitutionality.

This section was declared unconstitutional as applied to the Idaho Republican Party, because the state’s use of an open primary system to determine nominees for the general election violated the Republican Party’s First Amendment right to freedom of association by permitting substantial numbers of non-party members to cross over and participate in the Republican Party’s selection of its nominees. Idaho Republican Party v. Ysursa, 765 F. Supp. 2d 1266 (D. Idaho 2011).

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

RESEARCH REFERENCES

A.L.R.

34-904A. Eligibility to vote in primary elections.

Except as provided in subsection (2) of this section, an elector who has designated a party affiliation shall be allowed to vote only in the primary or presidential primary election of the political party for which such an elector is so registered.
A political party qualified to participate in elections pursuant to section 34-501, Idaho Code, may, no later than the last Tuesday in the November prior to a primary or presidential election, notify the secretary of state in writing that the political party elects to allow, in addition to those electors who have registered with that political party, any of the following to vote in such party’s primary or presidential primary election:
1. Electors designated as “unaffiliated”;
2. Electors registered with a different political party qualified to participate in elections pursuant to section 34-501, Idaho Code. In the event a state chairman of a political party elects to allow electors to vote in that party’s primary or presidential primary election pursuant to this paragraph (b), the state chairman shall identify which political parties’ registrants are allowed to vote in such primary or presidential primary election.
In the event that more than one (1) political party allows “unaffiliated” electors to vote in their party’s primary or presidential primary election, an “unaffiliated” elector shall designate which political party’s primary or presidential primary election the elector chooses to vote in by declaring such designation to the poll worker or other appropriate election personnel, who shall then record in the poll book the elector’s choice. The county clerk shall record such choice as part of the elector’s voting history within the voter registration system as provided for in section 34-437A, Idaho Code.
In the event no more than one (1) political party allows “unaffiliated” electors to vote in their party’s primary or presidential primary election, an “unaffiliated” elector may designate that political party’s primary or presidential primary election as the election the elector chooses to vote in by declaring such designation to the poll worker or other appropriate election personnel, who shall then record in the poll book the elector’s choice. The county clerk shall record such choice as part of the elector’s voting history within the voter registration system as provided for in section 34-437A, Idaho Code.
An “unaffiliated” elector having declared such designation as provided for in subsection (3) or (4) of this section shall not be permitted to vote in the primary or presidential primary election of any other party held on that primary or presidential primary election date.
If an “unaffiliated” elector does not declare a choice of political party’s primary or presidential primary election ballot, the elector shall not be permitted to vote in any political party’s primary or presidential primary election but shall receive a nonpartisan ballot when such a ballot is available.
In the event that one (1) or more political parties allow electors affiliated with a different political party to vote in their primary or presidential primary election pursuant to this section, an elector affiliated with a different political party shall declare to the poll worker or other appropriate election personnel in which primary or presidential primary election ballot such elector wishes to vote. The county clerk shall record such choice as part of the elector’s voting history within the voter registration system as provided for in section 34-437A, Idaho Code.

History.

I.C.,§ 34-904A, as added by 2011, ch. 319, § 8, p. 929; am. 2015, ch. 292, § 8, p. 1166.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-904A, Provision for legislative and representative districts on ballot, which comprised S.L. 1966 (3rd E.S.), ch. 5, § 28; am. 1967, ch. 360, § 10, p. 1011, was repealed by S.L. 1970, ch. 140, § 210.

Another former§ 34-904A, which comprised S.L. 1965 (E.S., ch. 1, § 10, p. 5, was repealed by S.L. 1966 (3rd E.S.), ch. 5, § 28.

Amendments.

The 2015 amendment, by ch. 292, inserted “presidential primary” or “or presidential primary” following “primary” throughout the section; substituted “the last Tuesday in the November” for “one hundred eighty (180) days” in the introductory paragraph in subsection (2); and inserted “when such a ballot is available” at the end of subsection (6).

Legislative Intent.

Compiler’s Notes.

The term “this act” in the last paragraph refers to S.L. 2011, Chapter 319, which is presently codified as§§ 34-308, 34-404, 34-406, 34-411, 34-411A, 34-904, 34-904A, 34-1002, and 34-1003. The reference probably should be to “this chapter,” being chapter 9, title 34, Idaho Code.

34-905. Nonpartisan ballots for election of justices of supreme court and district judges.

There shall be a single nonpartisan ballot for the election of justices of the supreme court 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.

The ballot for each judicial office shall contain the words: “To succeed (Judge, Justice) . . . . . . .,” inserting the name of the[,] or of each[,] incumbent candidate for re-election, or retiring judge or justice as the case may be, whose successor is to be elected in that year followed by the words: “Vote for One,” followed by the names of the candidates for that particular office.

History.

1970, ch. 140, § 125, p. 351; am. 1970, ch. 231, § 5, p. 643; am. 1971 (E.S.), ch. 9, § 8, p. 14.

STATUTORY NOTES

Cross References.

No write-ins shall be allowed for judicial office,§ 34-702.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-905, which comprised 1927, ch. 77, § 1, p. 96; I.C.A.,§ 33-805; am. 1966 (3rd E.S.), ch. 5, § 29, p. 16, was repealed by S.L. 1970, ch. 140, § 210.

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

Commas were bracketed into the last paragraph of this section by the compiler to make the section more readable.

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.,§ 34-905A, as added by S.L. 1972, ch. 345, § 2, p. 1013.

STATUTORY NOTES

Effective Dates.

Section 3 of S.L. 1972, ch. 345 provided the act should take effect on and after July 1, 1972.

34-906. Ballots for general elections.

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.
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.
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.

1970, ch. 140, § 126, p. 351; am. 1971, ch. 189, § 3, p. 870; am. 1977, ch. 12, § 1, p. 24; am. 2020, ch. 69, § 4, p. 157.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-906, which comprised I.C.A.,§ 33-805-A, as added by 1933, ch. 36, § 1, p. 48; am. 1955, ch. 192, § 1, p. 414, was repealed by S.L. 1970, ch. 140, § 210.

Amendments.

The 2020 amendment, by ch. 69, added the subsection designators and substituted “when needed” for “under each office title” at the end of subsection (1).

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

RESEARCH REFERENCES

A.L.R.

Validity, construction, and application of state requirements for placement of independent candidates for United States senate on ballot. 59 A.L.R.6th 111.

Challenges to write-in ballots and certification of write-in candidates. 75 A.L.R.6th 311.

34-907. Limitation of ballot access for multi-term incumbents. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised Init. Measure 1994, No. 2, § 2, p. 1371, was repealed by S.L. 2002, ch. 1, § 1.

34-907A. Information on Legislators’ support for Congressional Term Limits Amendment. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised Init. Measure 1997, No. 4, § 2, was repealed by S.L. 2007, ch. 202, § 3.

34-907B. Term Limits Pledge. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 34-907B, Init. Measure 1998, No. 1, sec. 2, p. 1189, was repealed by S.L. 2007, ch. 202, § 3.

34-908. Each ballot to carry official election ballot identification on outside — Marking of ballot by voter.

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.
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.
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.

1970, ch. 140, § 128, p. 351; am. 1988, ch. 293, § 1, p. 932; am. 2013, ch. 285, § 3, p. 735.

STATUTORY NOTES

Prior Laws.

The following former sections were repealed by S.L. 1970, ch. 140, § 210:

34-908. (1890-91, p. 57, § 59; reen. 1899, p. 33, § 50; reen. R.C. & C.L., § 407; C.S., § 575; I.C.A.,§ 33-807.)

34-909. (1890-91, p. 57, § 60; reen. 1899, p. 33, § 51; reen. R.C. & C.L., § 408; C.S., § 576; I.C.A.,§ 33-808.)

34-910. (R.C., § 409; am. 1917, ch. 93, § 3, p. 322; reen. C.L., § 409; C.S., § 577; I.C.A.,§ 33-809.)

34-911. (1890-1891, p. 57, § 62; reen. 1899, p. 33, § 53; reen. R.C., § 410; am. 1913, ch. 95, p. 384; reen. C.L., § 410; C.S., § 578; I.C.A.,§ 33-810.)

34-912. (1890-1891, p. 57, § 63; reen. 1899, p. 33, § 54; reen. R.C. & C.L., § 411; C.S., § 579; I.C.A.,§ 33-811.)

Amendments.

The 2013 amendment, by ch. 285, substituted “ballot identification” for “stamp” in the section heading; added the subsection designations; and in subsection (1), substituted “marked” for “stamped” and “ballot identification” for “stamp” in the first sentence.

Effective Dates.

Section 2 of S.L. 1988, ch. 293 declared an emergency. Approved March 31, 1988.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

34-909. General election sample ballots forwarded to counties by secretary of state.

The secretary of state, no later than September 7, shall provide the necessary general election sample ballot layout to each of the county clerks.
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.
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.
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.

1970, ch. 140, § 199, p. 351; am. 1976, ch. 60, § 12, p. 200; am. 1984, ch. 131, § 5, p. 305; am. 1985, ch. 42, § 6, p. 87; am. 2019, ch. 96, § 9, p. 344.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-909 was repealed. See Prior Laws,§ 34-908.

Amendments.

The 2019 amendment, by ch. 96, rewrote the section to the extent that a detailed comparison is impracticable.

Effective Dates.

Section 13 of S.L. 1976, ch. 60 declared an emergency. Approved March 10, 1976.

Section 7 of S.L. 1984, ch. 131 declared an emergency. Approved March 31, 1984.

Section 7 of S.L. 1985, ch. 42 declared an emergency. Approved March 11, 1985.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

34-910. Duty of county clerk to furnish sufficient ballots to each voting precinct — Record of number of ballots printed and furnished.

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.
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.

1970, ch. 140, § 129, p. 351; am. 2011, ch. 285, § 9, p. 778; am. 2013, ch. 285, § 4, p. 735.

STATUTORY NOTES

Prior Laws.

Former§ 34-910 was repealed. See Prior Laws,§ 34-908.

Amendments.

The 2011 amendment, by ch. 285, in the last sentence of the first paragraph, substituted “receipt” for “delivery” and inserted “or other designated judge.”

The 2013 amendment, by ch. 285, added the subsection designations and substituted “election ballot identification” for “stamp and ink pad” in the second sentence in subsection (1).

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

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.

1970, ch. 140, § 130, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-911 was repealed. See Prior Laws,§ 34-908.

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.

1970, ch. 140, § 131, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-912 was repealed. See Prior Laws,§ 34-908.

34-913, 34-914. Delivery of supplies — Instruction cards and sample ballots. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised (1890-1891, p. 57, §§ 64, 65; reen. 1899, p. 33, §§ 55, 56; reen, R.C. & C.L., §§ 412, 413; C.S., §§ 580, 581; I.C.A.,§§ 33-812, 33-813), were repealed by S.L. 1970, ch. 140, § 210.

CHAPTER 10 ABSENTEE VOTING

Section.

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.

1970, ch. 140, § 162, p. 351.

STATUTORY NOTES

Cross References.

Absentee voting by machine or paper ballot,§ 34-2423.

Penalties for violation of election laws,§ 18-2301 et seq.

Prior Laws.

Former§§ 34-1001 and 34-1002, which comprised 1890-1891, p. 57, §§ 67, 68; reen. 1899, p. 33, §§ 58, 59; reen. R.C. & C.L., §§ 414, 415; C.S., §§ 582, 583; I.C.A.,§§ 33-901, 33-902; am. 1951, ch. 10, § 1, p. 19, were repealed by S.L. 1970, ch. 140, § 211.

RESEARCH REFERENCES

A.L.R.

34-1002. Application for absentee ballot.

Any registered elector may make written application to the county clerk, or other proper officer charged by law with the duty of issuing official ballots for such election, for an official ballot or ballots of the kind or kinds to be voted at the election. The application shall contain the name of the elector, the elector’s home address, county, and address to which such ballot shall be forwarded.
In order to provide the appropriate primary election ballot to electors, in the event a political party elects to allow unaffiliated electors to vote in that party’s primary election pursuant to section 34-904A, Idaho Code, the elector shall designate, as part of the written application for a ballot for primary elections, the elector’s party affiliation or designation as “unaffiliated.” The application shall contain checkoff boxes for unaffiliated electors by which such electors shall indicate for which party’s primary ballot the unaffiliated elector chooses to vote. Provided however, that no political party’s primary election ballot shall be provided to an unaffiliated elector for a political party that has not elected to allow unaffiliated electors to vote in that political party’s primary election pursuant to section 34-904A, Idaho Code. If an unaffiliated elector does not indicate a choice of political party’s primary election ballot, the elector shall receive a nonpartisan ballot.
In order to provide the appropriate primary election ballot to electors, in the event one (1) or more political parties elect to allow electors affiliated with a different political party to vote in that party’s primary election, the application shall contain checkoff boxes by which such electors may indicate the primary ballot in which the elector wishes to vote.
For electors who are registered to vote as of January 1, 2012, and who remain registered electors, the elector shall designate, as part of the written application for a ballot for the 2012 primary elections, the elector’s party affiliation or designation as “unaffiliated.” The application shall contain checkoff boxes for unaffiliated electors by which such electors shall indicate for which party’s primary election ballot the unaffiliated elector chooses to vote, pursuant to section 34-904A, Idaho Code. Provided however, that no political party’s primary election ballot shall be provided to an unaffiliated elector for a political party that has not elected to allow unaffiliated electors to vote in the party’s primary election pursuant to section 34-904A, Idaho Code. If an unaffiliated elector does not indicate a choice of political party’s primary election ballot, the elector shall receive a nonpartisan ballot. After the 2012 primary election, the county clerk shall record the party affiliation or unaffiliated designation so selected on the application for an absentee ballot as part of such an elector’s record within the voter registration system as provided for in section 34-437A, Idaho Code.
After the 2012 primary election, electors who remain registered voters and who did not vote in the 2012 primary elections and who make written application for an absentee ballot shall be designated as unaffiliated electors as provided in section 34-404, Idaho Code, and such electors shall be given the appropriate ballot for such “unaffiliated” designation pursuant to the provisions of this act.
An elector may not change party affiliation or designation as “unaffiliated” on an application for absentee ballot. For primary elections, an elector may change party affiliation or designation as “unaffiliated” as provided for in section 34-411A, Idaho Code.
The application for an absent elector’s ballot shall be signed personally by the applicant. The application for a mail-in absentee ballot shall be received by the county clerk not later than 5:00 p.m. on the eleventh day before the election. An application for in-person absentee voting at the absent elector’s polling place described in section 34-1006, Idaho Code, shall be received by the county clerk not later than 5:00 p.m. on the Friday before the election. Application for an absentee ballot may be made by using a facsimile machine or other electronic transmission.
A person may make application for an absent elector’s ballot by use of a properly executed federal postcard application as provided for in the laws of the United States known as uniformed and overseas citizens absentee voting act (UOCAVA, 52 U.S.C. 20301 et seq., as amended). The issuing officer shall keep as a part of the records of such officer’s office a list of all applications so received and of the manner and time of delivery or mailing to and receipt of returned ballot.
The county clerk shall, not later than seventy-five (75) days after the date of each general election, submit a report to the secretary of state containing information concerning absentee voters as required by federal law.

History.

1970, ch. 140, § 163, p. 351; am. 1972, ch. 157, § 1, p. 349; am. 1973, ch. 304, § 7, p. 646; am. 1976, ch. 353, § 2, p. 1166; am. 1987, ch. 167, § 1, p. 327; am. 1994, ch. 122, § 2, p. 271; am. 1995, ch. 215, § 12, p. 747; am. 2002, ch. 236, § 1, p. 707; am. 2003, ch. 48, § 11, p. 181; am. 2010, ch. 332, § 1, p. 881; am. 2011, ch. 319, § 9, p. 929; am. 2013, ch. 135, § 4, p. 307; am. 2016, ch. 137, § 1, p. 402; am. 2019, ch. 96, § 10, p. 344; am. 2020, ch. 286, § 1, p. 829.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-1002 was repealed. See Prior Laws,§ 34-1001.

Amendments.

The 2010 amendment, by ch. 332, in the second paragraph, in the third sentence, substituted “on the Friday before the election” for “on the day before the election,” in the fourth sentence, added “or other electronic transmission,” and in the last sentence, substituted “ninety-six (96) hours” for “forty-eight (48) hours”; and deleted the second sentence in the third paragraph, which formerly read: “A properly executed federal postcard application (F.P.C.A.), shall be considered as a request for an absent elector’s ballot through the next two (2) regularly scheduled general elections for federal office following receipt of the application.”

The 2011 amendment, by ch. 319, added “— Primary elections” to the section heading, added subsections (2) through (6), added the subsection designations, and made gender neutral changes.

The 2013 amendment, by ch. 135, deleted “Primary elections” at the end of the section heading; substituted “by notifying the county clerk within ninety-six (96) hours prior to the closing of the polls” for “on the day of election by notifying the county clerk” at the end of the fifth sentence in subsection (7); and inserted “as amended” at the end of the fifth sentence in subsection (8). The 2016 amendment, by ch. 137, in subsection (7), substituted “eleventh day before the election” for “sixth day before the election” in the second sentence.

The 2019 amendment, by ch. 96, substituted “(UOCAVA, 52 U.S.C. 20301 et seq., as amended)” for “(UOCAVA, 42 U.S.C. 1973 ff, et seq., as amended)” at the end of the first sentence in subsection (8).

The 2020 amendment, by ch. 286, deleted the former last two sentences in subsection (7), which read: “In the event a registered elector is unable to vote in person at the elector’s designated polling place on the day of election because of an emergency situation that rendered the elector physically unable, the elector may nevertheless apply for an absent elector’s ballot by notifying the county clerk within ninety-six (96) hours prior to the closing of the polls. No person may, however, be entitled to vote under an emergency situation unless the situation claimed rendered the elector physically unable to vote at the elector’s designated polling place within ninety-six (96) hours prior to the closing of the polls.” See§ 34-1002A for present comparable provisions.

Legislative Intent.

Compiler’s Notes.

The term “this act” at the end of subsection (5) refers to S.L. 2011, Chapter 319, which is presently codified as§§ 34-308, 34-404, 34-406, 34-411, 34-411A, 34-901, 34-904A, 34-1002, and 34-1003. The reference probably should be to “this chapter,” being chapter 10, title 34, Idaho Code.

The words enclosed in parentheses so appeared in the law as enacted.

Effective Dates.

Section 4 of S.L. 2002, ch. 236 declared an emergency. Approved March 22, 2002.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

Section 14 of S.L. 2013, ch. 135 declared an emergency. Approved March 22, 2013.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

Section 3 of S.L. 2020, ch. 286 declared an emergency. Approved March 24, 2020.

JUDICIAL DECISIONS

Federal Law.

Prior to January 1, 2011, former§ 50-443 made the provisions of the Federal Voting Assistance Act of 1955 effective for absentee balloting in municipal elections, even though that act had been repealed in 1986. Brannon v. City of Coeur d’Alene, 153 Idaho 843, 292 P.3d 234 (2012).

34-1002A. Emergency situation absentee ballot — Application.

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.
1. 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.
2. The emergency application shall be signed personally by the applicant.
3. 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.
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.
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:
1. Was not a registered elector at the time the register closed but became eligible for registration following the closing of the register;
2. Was rendered physically unable to register in person on election day by the emergency situation; and
3. Was otherwise qualified to request an emergency situation absentee ballot under this section.

History.

I.C.,§ 34-1002A, as added by 2020, ch. 286, § 2, p. 829.

STATUTORY NOTES

Prior Laws.

Former§ 34-1002A, Classifications for absent elector’s ballot, which comprised I.C.,§ 34-1002A, as added by 1973, ch. 304, § 8, p. 646; am. 1976, ch. 353, § 3, p. 1166, was repealed by S.L. 1994, ch. 122, § 3, effective July 1, 1994.

Compiler’s Notes.

This section is derived from former provisions in§ 33-1002.

Effective Dates.

Section 3 of S.L. 2020, ch. 286 declared an emergency. Approved March 24, 2020.

34-1003. Issuance of absentee ballot.

Upon receipt of an application for an absent elector’s ballot within the proper time, the county clerk receiving it shall examine the records of the county clerk’s office to ascertain whether or not such applicant is registered and lawfully entitled to vote as requested and, if found to be so, the elector shall arrange for the applicant to vote by absent elector’s ballot.
In the case of requests for primary ballots:
1. Except as provided in paragraph (b) of this subsection, an elector who has designated a political party affiliation shall receive a primary ballot for that political party.
2. An elector who has designated a political party affiliation pursuant to section 34-404, Idaho Code, may receive the primary election ballot of a political party other than the political party such elector is affiliated with if such other political party has provided notification to the secretary of state that identifies the political party such elector is affiliated with, as provided for in section 34-904A(2)(b), Idaho Code.
3. An “unaffiliated” elector shall receive the primary ballot for the political party which the elector designated in the elector’s application for an absentee ballot pursuant to section 34-1002, Idaho Code. Provided however, that a political party’s ballot shall not be provided to an “unaffiliated” elector where that political party has not elected to allow “unaffiliated” electors to vote in such party’s primary election pursuant to section 34-904A, Idaho Code.
4. If an “unaffiliated” elector does not indicate a choice of political party’s primary ballot, the elector shall receive a nonpartisan ballot.
The absentee ballot may be delivered to the absent elector in the office of the county clerk, by postage prepaid mail or by other appropriate means, including use of a facsimile machine or other electronic transmission. Validly requested absentee ballots for candidates for federal office, where the request is received at least forty-five (45) days before an election, shall be sent no later than forty-five (45) days before that election to all electors who are entitled to vote by absentee ballot.
Pursuant to the uniformed and overseas citizens absentee voting act (UOCAVA, 52 U.S.C. 20301 et seq., as amended) the secretary of state shall establish procedures for the transmission of blank absentee ballots by mail and by electronic transmission for all electors who are entitled to vote by absentee ballot under the uniformed and overseas citizens absentee voting act, and by which such electors may designate whether the elector prefers the transmission of such ballots by mail or electronically. If no preference is stated, the ballots shall be transmitted by mail. The secretary of state shall establish procedures for transmitting such ballots in a manner that shall protect the security and integrity of such ballots and the privacy of the elector throughout the process of transmission.
A political party may supply a witness to accompany the clerk in the personal delivery of an absentee ballot. If the political party desires to supply a witness, it shall be the duty of the political party to supply the names of such witnesses to the clerk no later than forty-six (46) days prior to the election. The clerk shall notify such witnesses of the date and approximate hour the clerk or deputy clerk intends to deliver the ballot.
A candidate for public office or a spouse of a candidate for public office shall not be a witness in the personal delivery of absentee ballots.
An elector physically unable to mark such elector’s own ballot may receive assistance in marking such ballot from the officer delivering same or an available person of the elector’s own choosing. In the event the election officer is requested to render assistance in marking an absent elector’s ballot, the officer shall ascertain the desires of the elector and shall vote the applicant’s ballot accordingly. When such ballot is marked by an election officer, the witnesses on hand shall be allowed to observe such marking. No county clerk, deputy, or other person assisting a disabled voter shall attempt to influence the vote of such elector in any manner.
Notwithstanding any other provision of this section, for any election that takes place prior to December 31, 2020, the following provisions shall apply:
1. Validly requested absentee ballots by uniformed and overseas voters, pursuant to the uniformed and overseas citizens absentee voting act, where the request is received at least forty-five (45) days before an election, shall be sent no later than forty-five (45) days before that election; and
2. For any other validly requested absentee ballots that are received at least thirty (30) days before an election by electors who are entitled to vote by absentee ballot and are not within the provisions of paragraph (a) of this subsection, such ballots shall be sent no later than thirty (30) days before the election.

History.

1970, ch. 140, § 164, p. 351; am. 1973, ch. 304, § 9, p. 646; am. 1975, ch. 66, § 1, p. 132; am. 1984, ch. 131, § 6, p. 305; am. 1993, ch. 100, § 1, p. 253; am. 1994, ch. 122, § 4, p. 271; am. 1996, ch. 74, § 1, p. 238; am. 2010, ch. 332, § 2, p. 881; am. 2011, ch. 11, § 14, p. 24; am. 2011, ch. 319, § 10, p. 929; am. 2019, ch. 96, § 11, p. 344; am. 2020 (1st E.S.), ch. 1, § 1.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

The following former sections were repealed by S.L. 1970, ch. 140, § 11:

34-1003. (1890-1891, p. 57, § 69; reen. 1899, p. 33, § 60; reen. R.C. & C.L., § 416; C.S., § 584; I.C.A.,§ 33-903.)

34-1004. (1890-1891, p. 57, § 70; reen. 1899, p. 33, § 61; reen. R.C. & C.L., § 417; C.S., § 585; I.C.A.,§ 33-904.)

34-1005. (1890-1891, p. 57, § 73; reen. 1899, p. 33, § 64; compiled and reen. R.C. & C.L., § 418; C.S., § 586; I.C.A.,§ 33-905.)

34-1006. (1890-1891, p. 57, § 74; reen. R.C. & C.L., § 419; C.S., § 587; I.C.A.,§ 33-906.)

34-1007. (1890-1891, p. 57, § 75; reen. 1899, p. 33, § 66; am. R.C. & C.L., § 420; C.S., § 588; I.C.A.,§ 33-907.)

34-1008. (1890-1891, p. 57, § 85; reen. 1899, p. 33, § 76; reen. R.C. & C.L., § 421; C.S., § 589; I.C.A.,§ 33-908; am. 1957, ch. 220, § 1, p. 499.)

34-1009. (1890-1891, p. 57, § 81; reen. 1899, p. 33, § 72; reen. R.C. & C.L., § 422; C.S., § 590; I.C.A.,§§ 33-909.) 34-1010. (1890-1891, p. 57, § 77; reen. 1899, p. 33, § 68; reen. R.C. & C.L., § 423; C.S., § 591; I.C.A.,§ 33-910.)

34-1011. (1890-1891, p. 57, § 78; am. 1895, p. 91, § 4; reen. 1899, p. 33, § 69; compiled and reen. R.C., § 424; am. 1917, ch. 93, § 4, p. 323; reen. C.L., § 424; C.S., § 592; I.C.A.,§ 33-911; am. 1951, ch. 208, § 1, p. 435; am. 1966 (3rd E.S.), ch. 5, § 31, p. 16.)

34-1026. (1890-1891, p. 57, § 96; reen. 1899, p. 33, § 87; reen. R.C. & C.L., § 437; C.S., § 607; I.C.A.,§ 33-926.)

34-1027. (1890-1891, p. 57, § 80; reen. 1899, p. 33, § 71; reen. R.C. & C.L., § 438; C.S., § 608; I.C.A.,§ 33-927.)

Amendments.

The 2010 amendment, by ch. 332, in the first paragraph, added “or other electronic transmission” in the second sentence and added the last sentence; and added the second paragraph.

This section was amended by two 2011 acts which appear to be compatible and have been compiled together.

The 2011 amendment, by ch. 11, inserted “for candidates for federal office” in the last sentence in the first paragraph.

The 2011 amendment, by ch. 319, added subsection (2), added the subsection designations, and made gender neutral changes.

The 2019 amendment, by ch. 96, substituted “52 U.S.C. 20301 et seq.” for “42 U.S.C. 1973 ff, et seq.,” near the beginning of subsection (4); and substituted “forty-six (46) days” for “forty-five (45) days” near the end of the second sentence in subsection (5).

The 2020 (1st E.S.) amendment, by ch. 1, added subsection (8).

Legislative Intent.

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

Section 11 of S.L. 2011, ch. 319 provided: “The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”

Effective Dates.

Section 2 of S.L. 1975, ch. 66 declared an emergency. Approved March 18, 1975.

Section 7 of S.L. 1984, ch. 131 declared an emergency. Approved March 31, 1984.

Section 4 of S.L. 1996, ch. 74 declared an emergency. Approved March 6, 1996.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

Section 3 of S.L. 2020 (1st E.S.), ch. 1 declared an emergency. Approved August 27, 2020.

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.

1970, ch. 140, § 165, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-1004 was repealed. See Prior Laws,§ 34-1003.

34-1005. Return of absentee ballot.

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.

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 and shall write or stamp upon the envelope containing the same, the date and hour such envelope was received in his office and 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.

1970, ch. 140, § 166, p. 351; am. 1972, ch. 157, § 2, p. 349; am. 1995, ch. 215, § 13, p. 747; am. 2007, ch. 202, § 4, p. 620; am. 2011, ch. 285, § 10, p. 778.

STATUTORY NOTES

Prior Laws.

Former§ 34-1005 was repealed. See Prior Laws,§ 34-1003.

Amendments.

The 2007 amendment, by ch. 202, in the first sentence in the last paragraph, deleted “and, if the ballot was delivered in person, the name and address of the person delivering the same” from the end.

The 2011 amendment, by ch. 285, in the second paragraph, added “and record the information pursuant to section 34-1011, Idaho Code” at the end of the first sentence and substituted “polls or to the central count ballot processing center” for “judges in accordance with this act” at the end of the last sentence.

Effective Dates.

Section 3 of S.L. 1972, ch. 157 declared an emergency. Approved March 17, 1972.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

JUDICIAL DECISIONS

Decisions Under Prior Law

Analysis

Delivery of Ballots to Judges.

Absentee ballots must be delivered to, and be opened by, the election judges prior to the close of the polls on the day of the election. Burge v. Tibor, 88 Idaho 149, 397 P.2d 235 (1964).

Writ of Mandate.

Writ of mandate to compel count of absentee ballots must be denied, where the ballots were not received by county auditor until the day after the election, as they could not have been delivered to election judges before the close of the polls, as required. Burge v. Tibor, 88 Idaho 149, 397 P.2d 235 (1964).

RESEARCH REFERENCES

A.L.R.

34-1006. County clerks shall provide one or more “absent electors’ voting place.”

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
Electioneering is prohibited at an “absent electors’ polling place” as provided in section 18-2318, Idaho Code.

History.

1970, ch. 140, § 167, p. 351; am. 1994, ch. 21, § 1, p. 36; am. 1998, ch. 163, § 1, p. 551; am. 2020 (1st E.S.), ch. 3, § 1.

STATUTORY NOTES

Prior Laws.

Former§ 34-1006 was repealed. See Prior Laws,§ 34-1003.

Amendments.

The 2020 (1st E.S.) amendment, by ch. 3, added the subsection designators to the existing text, and added the last sentence in subsection (1).

Effective Dates.

Section 2 of S.L. 2020 (1st E.S.), ch. 3 declared an emergency. Approved September 1, 2020.

34-1007. Counting absentee ballots.

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.
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.
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.

1970, ch. 140, § 168, p. 351; am. 2002, ch. 236, § 2, p. 707; am. 2007, ch. 202, § 5, p. 620; am. 2020 (1st E.S.), ch. 1, § 2.

STATUTORY NOTES

Prior Laws.

Former§ 34-1007 was repealed. See Prior Laws,§ 34-1003.

Amendments.

The 2007 amendment, by ch. 202, in the last paragraph, deleted “on election day” following “received” in the first sentence, and added the last sentence.

Prior Laws.

Former§ 34-1011 was repealed. See Prior Laws,§ 34-1003.

34-1012. Alternative procedures for absentee voting — Early voting.

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.
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.
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.
Before receiving a ballot, each elector shall sign his or her name in the election register and poll book provided for early voting.
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.
Upon receipt of the ballots, the elector shall retire to a vacant voting booth and mark the ballots according to the instructions provided.
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.
Voters requiring assistance shall be provided with such assistance in accordance with section 34-1108, Idaho Code.
Electioneering is prohibited at an early voting polling place as provided in section 18-2318, Idaho Code.

History.

I.C.,§ 34-1012, as added by 2013, ch. 132, § 1, p. 302; am. 2016, ch. 138, § 1, p. 403.

STATUTORY NOTES

Prior Laws.

Former§ 34-1012, which comprised 1890-1891, p. 57, § 79; reen. 1899, p. 33, § 70; reen. R.C. & C.L., § 425; C.S., § 593; I.C.A.,§ 33-912, was repealed by S.L. 1970, ch. 140, § 11.

Amendments.

The 2016 amendment, by ch. 138, designated the former introductory paragraph as subsection (1) and redesignated the subsequent subsections accordingly; inserted “or utilize a polling location based tabulation system” in the first sentence in subsection (1); and rewrote present subsection (5), which formerly read: “The elector shall then be given the appropriate ballots that have been stamped with the official election stamp and shall be given folding instructions for such ballots, if appropriate”.

Effective Dates.

Section 2 of S.L. 2016, ch. 138 declared an emergency. Approved March 23, 2016.

34-1013. Early voting ballot security.

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.
At a minimum, the following procedures must be followed:
1. 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;
2. 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;
3. Arrangements shall be made to have a deputy sheriff, police officer or bonded private security firm secure the location; and
4. 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.

I.C.,§ 34-1013, as added by 2013, ch. 132, § 2, p. 302; am. 2018, ch. 155, § 1, p. 312.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-1013, which comprised 1890-1891, p. 57, § 82; reen. 1899, p. 33, § 73; reen. R.C. & C.L., § 426; C.S., § 594; I.C.A.,§ 33-913, was repealed by S.L. 1970, ch. 140, § 11.

Amendments.

The 2018 amendment, by ch. 155, designated the first sentence of the section as present subsection (1); rewrote present subsection (1), which formerly read: “A detailed plan for the security of ballots for early voting shall be submitted to the secretary of state for approval no later than thirty (30) days before early voting begins”; designated the former second sentence in the section as present subsection (2); redesignated former subsections (1) through (4) as paragraphs (2)(a) through (2)(d).

34-1014 — 34-1027. Ballots — Officers not to divulge information — Challenging voters — Oath — Disposal of stubs — Poll lists. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

The following sections were repealed by S.L. 1970, ch. 140, § 11:

34-1014. (1890-1891, p. 57, § 83; reen. 1899, p. 33, § 74; reen. R.C. & C.L., § 426a; C.S., § 595; I.C.A.,§ 33-914.)

34-1015. (1890-1891, p. 57, § 84; reen. 1899, p. 33, § 75; am. R.C. & C.L., § 427; C.S., § 596; I.C.A.,§ 33-915.)

34-1016. (1890-1891, p. 57, § 86; reen. 1899, p. 33, § 77; reen. R.C., § 528; am. 1913, ch. 92, § 19, p. 379; am. C.L., § 428; C.S., § 597; I.C.A.,§ 33-916.)

34-1017. (1913, ch. 92, § 12, p. 376; reen. C.L., § 428a; C.S., § 598; I.C.A.,§ 33-917.)

34-1018. (1890-1891, p. 57, § 87; reen. 1899, p. 33, § 78; reen. R.C. & C.L., § 429; C.S., § 599; I.C.A.,§ 33-918.)

34-1019. (1890-1891, p. 57, § 88; reen. 1899, p. 33, § 79; reen. R.C. & C.L., § 430; C.S., § 600; I.C.A.,§ 33-919.)

34-1020. (1890-1891, p. 57, § 90; reen. 1899, p. 33, § 81; reen. R.C. & C.L., § 431; C.S., § 601; I.C.A.,§ 33-920.)

34-1021. (1890-1891, p. 57, § 89; am. 1895, p. 91, § 6; reen. 1899, p. 33, § 80; am. R.C. & C.L., § 432; C.S., § 602; I.C.A.,§ 33-921; am. 1966 (3rd E.S.), ch. 5, § 32, p. 16; am. 1967, ch. 360, § 11, p. 1011.)

34-1022. (1890-1891, p. 57, § 91; am. 1895, p. 91, § 5; reen. 1899, p. 33, § 82; reen. R.C. & C.L., § 433; C.S., § 603; I.C.A.,§ 33-922; am. 1966 (3rd E.S.), ch. 5, § 33, p. 16.)

34-1023. (1890-1891, p. 57, § 93; reen. 1899, p. 33, § 84; reen. R.C. & C.L., § 434; C.S., § 604; I.C.A.,§ 33-923.)

34-1024. (1890-1891, p. 57, § 94; reen. 1899, p. 33, § 85; reen. R.C. & C.L., § 435; C.S., § 605; I.C.A.,§ 33-924.)

34-1025. (1890-1891, p. 57, §§ 92, 95; reen. 1899, p. 33, §§ 83, 86; compiled and reen. R.C. & C.L., § 436; C.S., § 606; I.C.A.,§ 33-925.)

34-1026. (1890-1891, p. 57, § 96; reen. 1899, p. 33, § 87; reen. R.C. & C.L., § 437; C.S., § 607; I.C.A.,§ 33-926.)

34-1027. (1890-1891, p. 57, § 80; reen. 1899, p. 33, § 71; reen. R.C. & C.L., § 438; C.S., § 608; I.C.A.,§ 33-927.)

CHAPTER 11 CONDUCT OF ELECTIONS

Section.

34-1101. Opening and closing of polls.

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.
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.

1970, ch. 140, § 173, p. 351; am. 1972, ch. 349, § 1, p. 1033; am. 1973, ch. 304, § 11, p. 646; am. 1993, ch. 313, § 12, p. 1157.

STATUTORY NOTES

Cross References.

Penalties for violation of election laws,§ 18-2301 et seq.

Preparation of polling place,§ 34-2415.

Voting by absentee ballot,§ 34-1001 et seq.

Voting by machine or vote tally system,§ 34-2401 et seq.

Prior Laws.

Former§§ 34-1101 to 34-1129, which comprised 1917, ch. 142, §§ 1 to 14, p. 453; reen. C.L., §§ 32:1 to 32:14; C.S., §§ 609 to 622; am. 1923, ch. 57, § 1; am. 1937, ch. 45, §§ 1 to 6, p. 59; am. 1941, ch. 146, §§ 1, 2, p. 296; am. 1943, ch. 107, §§ 1, 2, p. 208; 1951, ch. 7, §§ 1 to 15, p. 15; am. 1953, ch. 56, § 1, p. 76; am. 1957, ch. 217, §§ 1 to 12, p. 468; am. 1959, ch. 77, § 1, p. 176; am. 1959, ch. 78, § 1, p. 176; am. 1965, ch. 189, § 1, p. 397; am. 1966 (3rd E.S.), ch. 5, § 34, p. 16, were repealed by S.L. 1970, ch. 140, § 212.

Effective Dates.

Section 15 of S.L. 1993, ch. 313 provided that the act shall be in full force and effect on January 1, 1994.

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.

1970, ch. 140, § 174, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-1102 was repealed. See Prior Laws,§ 34-1101.

34-1103. Opening ballot boxes.

In the presence of bystanders the judges of elections shall break the sealed packages of election ballots and other supplies.
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.

1970, ch. 140, § 175, p. 351; am. 2013, ch. 285, § 5, p. 735.

STATUTORY NOTES

Cross References.

Duplicate ballot boxes used for counting during balloting,§ 34-1201.

Prior Laws.

Former§ 34-1103 was repealed. See Prior Laws,§ 34-1101.

Prior Laws.

Former§ 34-1106 was repealed. See Prior Laws,§ 34-1101.

Amendments.

The 2010 amendment, by ch. 246, added “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” in subsection (2).

The 2013 amendment, by ch. 285, in subsection (5), substituted “marked” for “stamped” and “ballot identification” for “stamp.”

34-1106A. Electronic poll book authorized.

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.
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.

I.C.,§ 34-1106A, as added by 2015, ch. 282, § 6, p. 1147.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Effective Dates.

Section 9 of S.L. 2015, ch. 282 declared an emergency. Approved April 6, 2015.

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.

1970, ch. 140, § 179, p. 351; am. 1971, ch. 129, § 1, p. 510; am. 1972, ch. 349, § 3, p. 1033; am. 1973, ch. 304, § 12, p. 646; am. 2007, ch. 202, § 6, p. 620.

STATUTORY NOTES

Prior Laws.

Former§ 34-1107 was repealed. See Prior Laws,§ 34-1101.

Amendments.

The 2007 amendment, by ch. 202, deleted the last sentence in the first paragraph, which read: “Before leaving the voting compartment the elector shall fold his ticket so that the official stamp is visible and the face of the ballot is completely inclosed”; and in the last paragraph, in the first sentence, substituted “the judge in charge of the additional copy of the combination election record and poll book” for “the judge at the ballot box,” in the second sentence, inserted “then deposit his ballot in the proper box or” and “who shall deposit it,” and deleted the former third sentence, which read: “The judge shall deposit the ballot in the proper box after ascertaining that the ballot is folded correctly.”

Effective Dates.

Section 2 of S.L. 1971, ch. 129 declared an emergency. Approved March 16, 1971.

JUDICIAL DECISIONS

Decisions Under Prior Law

Marking of Ballots.

Where a voter places a cross in the square opposite a blank space on a ballot instead of opposite the name of any candidate, without writing a name in the blank space, his vote for that particular office is void; but where a voter makes a straight mark, instead of a cross, in the square opposite the name of a candidate for a certain office, such mark is sufficient to indicate his intention to vote for that candidate so that his vote may be counted, unless there is evidence that he used the mark to identify his ballot or for any purpose other than to express his intention. Harper v. Dotson, 32 Idaho 616, 187 P. 270 (1920).

34-1108. Assistance to voter.

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.
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.

1970, ch. 140, § 180, p. 351; am. 1972, ch. 349, § 4, p. 1033; am. 1978, ch. 37, § 1, p. 66; am. 2010, ch. 235, § 19, p. 542.

STATUTORY NOTES

Cross References.

Voters with physical or other disability, voting by machine or vote tally system,§ 34-2427.

Prior Laws.

STATUTORY NOTES

Cross References.

Qualifications of voters,§ 34-402.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-1111 was repealed. See Prior Laws,§ 34-1101.

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.

1970, ch. 140, § 184, p. 351; am. 1972, ch. 349, § 5, p. 1033.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-1112 was repealed. See Prior Laws,§ 34-1101.

Effective Dates.

Section 6 of S.L. 1972, ch. 349 declared an emergency. Approved March 31, 1972.

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:

An Idaho driver’s license or identification card issued by the Idaho transportation department;
A passport or an identification card, including a photograph, issued by an agency of the United States government;
A tribal identification card, including a photograph;
A current student identification card, including a photograph, issued by a high school or an accredited institution of higher education, including a university, college or technical school, located within the state of Idaho; or
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.

I.C.,§ 34-1113, as added by 2010, ch. 246, § 2, p. 634; am. 2017, ch. 132, § 1, p. 310.

STATUTORY NOTES

Cross References.

Idaho transportation department,§ 40-501 et seq.

Prior Laws.

Another§ 34-1113 was repealed. See Prior Laws, see§ 34-1101.

Amendments.

The 2017 amendment, by ch. 132, added subsection (5).

Effective Dates.

Section 2 of S.L. 2017, ch. 132 declared an emergency. Approved March 24, 2017.

RESEARCH REFERENCES

A.L.R.

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.

I.C.,§ 34-1114, as added by 2010, ch. 246, § 3, p. 634.

STATUTORY NOTES

Cross References.

Penalty for felony when not otherwise provided,§ 18-112.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Another§ 34-1114 was repealed. See Prior Laws, see§ 34-1101.

RESEARCH REFERENCES

A.L.R.

34-1115 — 34-1129. Purpose, construction, application of act — Ballots and voting by electors in military service. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

CHAPTER 12 CANVASS OF VOTES

Section.

34-1201. Canvass of votes.

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.
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.
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.
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.

History.

1970, ch. 140, § 185, p. 351; am. 2011, ch. 285, § 11, p. 778; am. 2020, ch. 78, § 1, p. 168.

STATUTORY NOTES

Cross References.

Penalties for violations of election laws,§ 18-2301 et seq.

Prior Laws.

Former§§ 34-1201 and 34-1202, which comprised 1890-1891, p. 57, § 97; reen. 1899, p. 33, § 88; reen. R.C. & C.L., §§ 439, 440; C.S., §§ 623, 624; I.C.A.,§§ 33-1101, 33-1102, were repealed by S.L. 1970, ch. 140, § 213.

Amendments.

The 2011 amendment, by ch. 285, substituted “may begin” for “shall begin” in the first sentence in subsection (2) and added subsection (3).

The 2020 amendment, by ch. 78, added subsection (4).

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

Section 2 of S.L. 2020, ch. 78 declared an emergency. Approved March 9, 2020.

JUDICIAL DECISIONS

Decisions Under Prior Law

Counting Write-in Votes.

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.

1970, ch. 140, § 186, p. 351; am. 1995, ch. 215, § 15, p. 747.

STATUTORY NOTES

Prior Laws.

Former§ 34-1202 was repealed. See Prior Laws,§ 34-1201.

Effective Dates.

Section 16 of S.L. 1995, ch. 215 declared an emergency. Approved March 17, 1995.

34-1202A. Void ballot not counted.

At any bond election conducted by the state of Idaho, its agencies, institutions, political subdivisions and municipal and quasi-municipal corporations, any ballot or part of a ballot from which it is impossible to determine the elector’s choice shall be void and shall not be counted. It is hereby declared that any qualified elector casting such ballot or part of a ballot shall be deemed not to have voted at or participated in such bond election and such ballot or part of a ballot shall not be counted in determining the number of qualified electors voting at or participating in such bond election.

History.

I.C.,§ 34-1202A, as added by 1978, ch. 51, § 1, p. 96.

STATUTORY NOTES

Compiler’s Notes.

Section 2 of S.L. 1978, ch. 51 read: “All bond elections conducted by the state of Idaho, its agencies, political subdivisions and municipal and quasi-municipal corporations prior to the effective date of this act, and all proceedings had in the authorization and issuance of the bonds authorized thereat, are hereby validated, ratified and confirmed and all such bonds are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bond election, or bonds issued pursuant thereto, the legality of which is being contested at the time this act takes effect, or any election the legality of which is contested within the period provided by section 34-2001A, Idaho Code.”

Section 3 of S.L. 1978, ch. 51 read: “The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.”

Effective Dates.

Section 4 of S.L. 1978, ch. 51 declared an emergency. Approved March 6, 1978.

34-1203. Counting of ballots — Certificates of judges.

The ballots and polls lists agreeing, the election personnel shall then proceed to tally the votes cast. Under each office title the number of votes for each candidate and such other information required by the secretary of state shall be entered in the tally books together with the total of the above figures in the manner prescribed by the secretary of state. Any ballot or part of a ballot from which it is impossible to determine the elector’s choice, shall be void and shall not be counted. When a ballot is sufficiently plain to determine therefrom a part of the voter’s intention, it shall be the duty of the judges to count such part.
Following the counting, the judges must transmit a copy of the results to the county clerk.
In no event shall the results of any count be released to the public until all voting places in the state have closed on election day.
The secretary of state shall issue directives or promulgate administrative rules adopting standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in this state.

History.

1970, ch. 140, § 187, p. 351; am. 1981, ch. 109, § 1, p. 163; am. 2003, ch. 48, § 12, p. 181; am. 2016, ch. 272, § 1, p. 749.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

The following former sections were repealed by S.L. 1970, ch. 140, § 213:

34-1203. (1890-1891, p. 57, § 99; reen. 1899, p. 33, § 90; reen. R.C. & C.L., § 441; C.S., § 625; am. 1925, ch. 73, § 1, p. 107; I.C.A.,§ 33-1103.)

34-1204. (1890-1891, p. 57, § 100; reen. 1899, p. 33, § 91; am. 1901, p. 291, § 1; am. R.C., § 442; am. 1913, ch. 92, § 20, p. 379; compiled and reen. C.L., § 442; C.S., § 626; I.C.A.,§ 33-1104; am. 1951, ch. 114, § 1, p. 266; am. 1953, ch. 233, § 4, p. 348.)

34-1205. (1899, p. 372, § 1; reen. R.C. & C.L., § 443; C.S., § 627; I.C.A.,§ 33-1105.)

34-1206. (1899, p. 372, § 2; reen. R.C., § 444; am. 1913, ch. 24, § 1, p. 94; reen. C.L., § 444; C.S., § 628; I.C.A.,§ 33-1106.)

34-1207. (1899, p. 372, § 4; am. 1901, p. 16, § 1; reen. R.C. & C.L., § 445; C.S., § 629; I.C.A.,§ 33-1107.)

34-1208. (1899, p. 372, § 3; reen. R.C. & C.L., § 446; C.S., § 630; I.C.A.,§ 33-1108.)

34-1209. (1899, p. 372, §§ 5, 6; reen. R.C., § 447; compiled and reen. C.L., § 447; C.S., § 631; I.C.A.,§ 33-1109.) 34-1210. (1890-1891, p. 57, § 101; reen. 1899, p. 33, § 92; am. R.C., § 448; compiled and reen. C.L., § 448; C.S., § 632; I.C.A.,§ 33-1110.)

34-1211. (1890-1891, p. 57, § 102; reen. 1899, p. 33, § 93; am. R.C. & C.L., § 449; C.S., § 633; I.C.A.,§ 33-1111; am. 1966 (3rd E.S.), ch. 5, § 35, p. 16.)

Amendments.

The 2016 amendment, by ch. 272, added the subsection designations; and rewrote present subsection (2), which formerly read: “Following the counting, the judges must post a correct copy of such results at the polling place and a copy transmitted to the county clerk”.

Effective Dates.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

34-1204. Transmission of supplies to county clerk.

After the counting of the votes, the judges of the election shall enclose and seal the combination election record and poll book, tally books, all ballot stubs, unused ballot books, and other supplies in a suitable container and deliver them to the county clerk’s office. If the office of the county clerk is closed, the articles shall be delivered to the sheriff or one (1) of his deputies who shall deliver them to the county clerk no later than the day after the election.

History.

1970, ch. 140, § 188, p. 351; am. 1972, ch. 193, § 1, p. 480.

STATUTORY NOTES

Prior Laws.

Former§ 34-1204 was repealed. See Prior Laws,§ 34-1203.

JUDICIAL DECISIONS

Decisions Under Prior Law

Analysis

Care and Custody of Ballots.

There was flagrant disregard of former similar section where ballots and election supplies were taken to, and kept in, office of election judge, which was open to public. Viel v. Summers, 35 Idaho 182, 209 P. 454 (1922).

Opening Ballot Box.

Former similar section applied when returns was properly made and were not returned to judges for correction. Where returns had been rejected, judges could open ballot box for purpose of correcting the returns. Davies v. Board of County Comm’rs, 26 Idaho 450, 143 P. 945 (1914).

Statute Directory.

Statutory provisions relative to keeping ballots after an election are directory only. Viel v. Summers, 35 Idaho 182, 209 P. 454 (1922).

34-1205. County board of canvassers — Meetings.

The county board of commissioners shall be the county board of canvassers and the county clerk shall serve as their secretary for this purpose. The county board of canvassers shall meet within seven (7) days after a primary or presidential primary election and within ten (10) days after a general election for the purpose of canvassing the election returns of all precincts within the county.

History.

1970, ch. 140, § 189, p. 351; am. 1972, ch. 193, § 2, p. 480; am. 1975, ch. 174, § 15, p. 469; am. 2012, ch. 33, § 13, p. 103; am. 2015, ch. 292, § 9, p. 1166.

STATUTORY NOTES

Prior Laws.

Former§ 34-1205 was repealed. See Prior Laws,§ 34-1203.

Amendments.

The 2012 amendment, by ch. 34, deleted “or presidential preference primary” following “primary” near the middle of the last sentence.

The 2015 amendment, by ch. 292, substituted “a primary or presidential primary” for “the primary” in the second sentence.

Effective Dates.

Section 15 of S.L. 2012, ch. 33 declared an emergency. Approved March 1, 2012.

JUDICIAL DECISIONS

Decisions Under Prior Law

Authority of Board of Commissioners.

Board of commissioners, acting as board of canvassers, has no authority to declare any person elected to an office, but must make out the abstracts of votes for each office separately, and deliver them to auditor, whose duty it is, as auditor and not as clerk of the board, to make out a certificate of election to each of the persons having the highest number of votes. Cunningham v. George, 3 Idaho 456, 31 P. 809 (1892).

34-1206. Board’s statement of votes cast.

The board shall examine and make a statement of the total number of votes cast for all candidates or special questions that shall have been voted upon at the election. The statement shall set forth the special questions and the names of the candidates for whom the votes have been cast. It shall also include the total number of votes cast for each candidate for office by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code, and the total number of affirmative and negative votes cast for any special question by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code. The board shall certify that such statement is true, subscribe their names thereto, and deliver it to the county clerk.

History.

1970, ch. 140, § 190, p. 351; am. 2012, ch. 211, § 7, p. 571.

STATUTORY NOTES

Cross References.

Canvass of returns of judicial elections,§ 34-1217.

Prior Laws.

Former§ 34-1206 was repealed. See Prior Laws,§ 34-1203.

Amendments.

The 2012 amendment, by ch. 211, inserted “or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code” twice in the third sentence.

Effective Dates.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

34-1207. Abstracts of returns.

After the canvass of the votes for each office the board shall cause the county clerk to make abstracts of the returns for each candidate which shall then be signed by each member of the board. The abstracts shall be in a form prescribed by the secretary of state and be uniform throughout the state.

The county clerk, by registered mail, shall forward to the secretary of state the abstracts for all candidates for federal, state or district offices.

History.

1970, ch. 140, § 191, p. 351.

STATUTORY NOTES

Cross References.

Canvass of judicial election returns,§ 34-1217.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-1207 was repealed. See Prior Laws,§ 34-1203.

34-1208. Certificates of nomination or election.

Immediately after the primary election canvass the county clerk shall issue certificates of nomination to the political party candidates of each party who receive the highest number of votes for their particular county office, and the candidates so certified shall have their names placed on the general election ballot. On or before the eighth day after the primary election canvass, the county clerk shall issue certificates of election to the precinct committeemen of each political party who receive the highest number of votes in their precinct. Provided that to be elected, a precinct committeeman shall receive a minimum of five (5) votes. In the event no candidate receives the minimum number of votes required to be elected, a vacancy in the office shall exist and shall be filled as otherwise provided by law. The county clerk shall also certify by registered mail the results of the primary election to the secretary of state. The form for such certificate shall be prescribed by the secretary of state and be uniform throughout the state.

History.

1970, ch. 140, § 192, p. 351; am. 1975, ch. 174, § 18, p. 469; am. 1977, ch. 17, § 1, p. 35; am. 1979, ch. 309, § 11, p. 833; am. 1991, ch. 117, § 1, p. 246; am. 2012, ch. 33, § 14, p. 103.

STATUTORY NOTES

Cross References.

Canvassing returns of judicial elections and certificates of nomination or election,§ 34-1217.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-1208 was repealed. See Prior Laws,§ 34-1203.

Amendments.

The 2012 amendment, by ch. 34, deleted “both” following “results of” and substituted “the primary election” for “the primary and the presidential primary elections” in the fifth sentence.

Effective Dates.

Section 15 of S.L. 2012, ch. 33 declared an emergency. Approved March 1, 2012.

JUDICIAL DECISIONS

Cited in:

in: Robinson v. Bodily, 97 Idaho 199, 541 P.2d 623 (1975).

34-1209. Certificates of election to county candidates after general election.

Immediately after the general election canvass, the county clerk shall issue a certificate of election to the county candidates who received the highest number of votes for that particular office and they shall be considered duly elected to assume the duties of the office for the next ensuing term.

History.

1970, ch. 140, § 193, p. 351.

STATUTORY NOTES

Cross References.

Canvassing returns of judicial elections and certificates of election,§ 34-1217.

Prior Laws.

Former§ 34-1209 was repealed. See Prior Laws,§ 34-1203.

34-1210. Tie votes in county elections.

In the case of a tie vote between candidates at a primary election or general election, the interested candidates shall appear before the county clerk within two (2) days after the canvass and the tie shall be determined by a toss of a coin.

History.

1970, ch. 140, § 194, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-1210 was repealed. See Prior Laws,§ 34-1203.

34-1211. State board of canvassers — Meetings.

The secretary of state, state controller and state treasurer shall constitute the state board of canvassers. The functions of the board shall be election functions, and the secretary of state shall be chairman of the board. The state board of canvassers shall meet within fifteen (15) days after the primary election and within fifteen (15) days after the general election in the office of the secretary of state for the purpose of canvassing the abstracts of votes cast for all candidates for federal, state and district offices.

History.

1970, ch. 140, § 195, p. 351; am. 1972, ch. 193, § 3, p. 480; am. 1974, ch. 5, § 1, p. 23; am. 1994, ch. 181, § 2, p. 575.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

State controller,§ 67-1001 et seq.

State treasurer,§ 67-1201 et seq.`

Prior Laws.

Former§ 34-1211 was repealed. See Prior Laws,§ 34-1203.

Effective Dates.

Section 4 of S.L. 1972, ch. 193 declared an emergency. Approved March 21, 1972.

Section 9 of S.L. 1974, ch. 5, provided the act should be in full force and effect on and after July 1, 1974.

Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.

“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.” Since such amendment was adopted, the amendment to this section by § 2 of S.L. 1994, ch. 181 became effective January 2, 1995.

34-1212. Examination and certification of county canvasses by state board.

The board shall examine the abstracts of votes from the county canvasses and make a statement of the total number of votes cast for all federal, state and district candidates or special questions that shall have been voted upon at the election. The statement shall set forth the special questions and the names of the candidates for whom the votes have been cast. It shall also include the total number of votes cast for each candidate for office by county and legislative district, and the total number of affirmative and negative votes cast for any special question by county. The board shall certify that such statement is true, subscribe their names thereto, and deliver it to the secretary of state.

History.

1970, ch. 140, § 196, p. 351.

STATUTORY NOTES

Cross References.

Examination and certification of county canvass of judicial returns by state board,§ 34-1217.

JUDICIAL DECISIONS

Decisions Under Prior Law

Analysis

Duties of Board.

Duties of state canvassing board are adding up the votes received by the several candidates, as returned by the several county boards, ascertaining total vote, and declaring and certifying the result. These are purely clerical, ministerial and administrative acts, and involve no judicial discretion. Lansdon v. State Bd. of Canvassers, 18 Idaho 596, 111 P. 133 (1910).

State canvassing board has power to send the returns from any county back for correction; but whether it does so, or declines to do so, it is not acting in excess of its jurisdiction to canvass the returns and declare the result. Lansdon v. State Bd. of Canvassers, 18 Idaho 596, 111 P. 133 (1910).

It is not the business of the state board to determine whether or not any illegal votes have been cast. Lansdon v. State Bd. of Canvassers, 18 Idaho 596, 111 P. 133 (1910).

Statements as to Results.

It is not necessary for the state board of canvassers to declare in terms whether, in their opinion, any amendment to the constitution has been adopted or not. Hays v. Hays, 5 Idaho 154, 47 P. 732 (1897).

34-1213. Certification of canvass of abstracts by board.

After the canvass of the abstracts, the board shall make a statement of the total number of votes cast at any such election for all the candidates for federal, state or district offices, which statement shall show the names of the persons to whom such votes shall have been cast for the particular offices and the total number cast to each, distinguishing the several districts, counties and precincts in which they were given. They shall certify such statement to be correct, and subscribe their names thereto.

History.

1970, ch. 140, § 197, p. 351.

34-1214. Certificates of nomination or election to federal, state, district or nonpartisan offices after primary.

Immediately after the primary election canvass, the secretary of state shall issue certificates of nomination to the political party candidates of each party who receive the highest number of votes for their particular federal, state or district office. The candidates so certified shall have their names placed on the general election ballot.
Immediately after the primary election canvass, the secretary of state shall issue certificates of nomination to the nonpartisan candidate or candidates who receive the highest number of votes for the number of vacancies which are to be filled for a particular office and also to the same number of candidates who receive the second highest number of votes for the particular office. The candidates so certified shall have their names placed on the general election ballot. If it appears from the canvass that a particular candidate has received a majority of the total vote cast for the particular office, he shall be issued a certificate of election instead of a certificate of nomination and no candidates shall run for the particular office in the general election.

History.

1970, ch. 140, § 198, p. 351.

Section 218 of S.L. 1970, ch. 140 declared an emergency and provided that new chapter 24, and the repeal of old chapter 24, of title 34 should be effective after passage. Approved March 10, 1970.

Section 219 of S.L. 1970, ch. 140 provided that chapters 1 through 7 and chapters 9 through 12, and the repeals of old chapters 1 through 14 and chapter 16, of title 34 should be effective January 1, 1971.

34-1217. Canvassing returns of judicial elections — Certificates of nomination or election.

The board of county commissioners shall canvass the returns of the judicial nominating election at the time the returns of the primary election are canvassed, shall determine, and cause the county clerk to certify to the secretary of state, the result of said judicial nominating election. In such certificate the clerk shall set forth, following the name of each justice of the supreme court and each district judge for whom a successor is to be elected at the general election in that year, the vote received by each person who had declared himself to be, and who had been voted for as, a candidate to succeed such justice or district judge.

The returns so made to the secretary of state by the county clerk shall be canvassed by the state board of canvassers at the time the other returns of said primary election are canvassed.

If it appears to the state board of canvassers upon the official canvass that at such judicial nominating election any candidate received a majority of all the votes cast for candidates to succeed a particular justice of the supreme court or district judge, said board shall certify to the secretary of state as duly elected to such office the name of the candidate who received such majority and such candidate whose name is so certified shall receive and the secretary of state shall issue and deliver to him a certificate of election to such office and he shall not be required to stand for election at the general election following.

In the event no candidate received a majority of all votes cast for candidates to succeed a particular justice of the supreme court or a particular district judge, the two (2) candidates receiving the greater number of votes cast for all candidates to succeed such justice of the supreme court or such district judge shall be and shall be declared to be nominees to succeed such justice or such district judge and their names as such nominees shall be placed on the official judicial ballot at the general election next following. The secretary of state shall certify the names of such nominees, including with each the name of the incumbent in office whom such candidates were nominated to succeed, to the county clerks at the time he certifies the names of candidates for other offices certified by him; provided, however, if another be appointed to succeed the incumbent person named on such judicial nominating ballot, the secretary of state shall insert in such certificate or in amendment thereto the name of the appointee in the place of the name of the incumbent person named on such judicial nominating ballot.

History.

1970, ch. 231, § 12, p. 643; am. 1971, ch. 131, § 1, p. 513.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Effective Dates.

Section 13 of S.L. 1970, ch. 231 provided that the act should take effect January 1, 1971.

Section 2 of S.L. 1971, ch. 131 declared an emergency. Approved March 16, 1971.

CHAPTER 13 STATE BOARD OF CANVASSERS

Section.

34-1301 — 34-1307. Duties and procedures of the board. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This chapter, which comprised 1890-1891, p. 57, §§ 103 to 109; am. 1895, p. 90, § 1; reen. 1899, p. 33, §§ 94 to 100; reen. R.C., §§ 450, 452, 454, 456; am. R.C., §§ 451, 453, 455; C.L., §§ 452 to 456; reen. C.L., §§ 450, 451; C.S., §§ 634 to 640; I.C.A.,§§ 33-1201 to 33-1207, was repealed by S.L. 1970, ch. 140, § 214. For present comparable provisions, see§§ 34-1211 to 34-1217.

CHAPTER 14 UNIFORM DISTRICT ELECTION LAW

Section.

34-1401. Election administration.

Notwithstanding any provision to the contrary, the county clerk shall administer all elections on behalf of any political subdivision, subject to the provisions of this chapter, including all special district elections and elections of special questions submitted to the electors as provided in this chapter. Water districts governed by chapter 6, title 42, Idaho Code, recreational water and/or sewer districts as defined in section 42-3202A, Idaho Code, ground water recharge districts governed by chapter 42, title 42, Idaho Code, ground water management districts governed by chapter 51, title 42, Idaho Code, ground water districts governed by chapter 52, title 42, Idaho Code, and irrigation districts governed by title 43, Idaho Code, are exempt from the provisions of this chapter. Municipal elections shall be conducted under the provisions of this chapter except for the specific provisions of chapter 4, title 50, Idaho Code. All school district and highway district elections shall be conducted pursuant to the provisions of this chapter 14, title 34, Idaho Code. All highway district and school district elections shall be administered by the clerk of the county wherein the district lies. Elections in a joint school district or other political subdivisions that extend beyond the boundaries of a single county shall be conducted jointly by the clerks of the respective counties, and the clerk of the home county shall exercise such powers as are necessary to coordinate the election. “Home county” shall be defined as the county in which the business office for the district or political subdivision is located. For the purposes of achieving uniformity, the secretary of state shall, from time to time, provide directives and instructions to the various county clerks. Unless a specific exception is provided in this chapter, the provisions of this chapter shall govern in all questions regarding the conduct of elections on behalf of all political subdivisions. In all matters not specifically covered by this chapter, other provisions of title 34, Idaho Code, governing elections shall prevail over any special provision which conflicts therewith.

The county clerk shall conduct the elections for political subdivisions and shall perform all necessary duties of the election official of a political subdivision including, but not limited to, notice of the filing deadline, notice of the election, and preparation of the election calendar.

History.

I.C.,§ 34-1401, as added by 1992, ch. 176, § 4, p. 553; am. 1993, ch. 313, § 5, p. 1157; am. 1993, ch. 379, § 1, p. 1392; am. 1996, ch. 298, § 1, p. 977; am. 2009, ch. 341, § 59, p. 993; am. 2010, ch. 185, § 9, p. 382; am. 2011, ch. 11, § 15, p. 24.

STATUTORY NOTES

Prior Laws.

Former§§ 34-1401, 34-1402, which comprised 1890-1891, p. 57, §§ 116, 117; reen. 1899, §§ 103, 104; am. R.C., § 457; reen. R.C., § 458; C.L., §§ 457, 458; C.S., §§ 641, 642; I.C.A.,§§ 33-1301, 33-1302, were repealed by S.L. 1970, ch. 140, § 215.

Amendments.

This section was amended by two 1993 acts which appear to be compatible and have been been compiled together.

The 1993 amendment, by ch. 313, § 5, in the first sentence of the first paragraph deleted “municipal elections,” preceding “special district elections”; deleted the comma preceding “and elections of special questions”; added the third sentence of the first paragraph; and in the first sentence of the last paragraph added “all or part of” following “county clerk to conduct”.

The 1993 amendment, by ch. 379, § 1, in the first sentence of the first paragraph deleted “municipal elections,” preceding “special district elections”; in the second sentence of the first paragraph added “and municipal elections governed by the provisions of chapter 4, title 50, Idaho Code,” preceding “are exempt from the provisions”; and in the first sentence of the last paragraph added “all or part of” following “county clerk to conduct”.

The 2009 amendment, by ch. 341, rewrote the section to the extent that a detailed comparison is impracticable.

The 2010 amendment, by ch. 185, in the first paragraph, inserted “recreational water and/or sewer districts as defined in section 42-3202A, Idaho Code” in the second sentence, inserted “or other political subdivisions that extend beyond the boundaries of a single county” in the fifth sentence, and added the sixth sentence.

The 2011 amendment, by ch. 11, in the first paragraph, inserted the third sentence and deleted “municipal” following “All” at the beginning of the fourth sentence.

Legislative Intent.

Section 1 of S.L. 1992, ch. 176 read: “It is the finding of the legislature that the process of exercising the elective franchise should be made as accessible as possible for as many citizens as possible. The provisions of this bill will achieve a significant consolidation of elections on four (4) election dates in each year. In addition, this election code, which applies to the various political subdivisions of the state of Idaho, will assure access to the nominating process, registration of potential electors, absentee voting opportunity and an increased visibility of the electoral process to assure public access and increase participation. At a future date, it may be warranted to further consolidate elections as events demonstrate that need. The goal of providing increased visibility for the electoral process will be well served by this consolidation of elections, by the increased public notice of filing and election deadlines, and the public education which will accompany the implementation of this act.”

Effective Dates.

Section 6 of S.L. 1993, ch. 379 provided that the act shall be in full force and effect on January 1, 1994.

Section 10 of S.L. 1996, ch. 298 declared an emergency. Approved March 18, 1996.

Section 161 of S.L. 2009, ch. 341 provided that the act should take effect on and after January 1, 2011.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

JUDICIAL DECISIONS

Cited in:

in: Brannon v. City of Coeur d’Alene, 153 Idaho 843, 292 P.3d 234 (2012).

34-1402. Registration.

All electors must register with the county clerk before being able to vote in any primary, general, special or any other election conducted in this state. The county clerk shall determine, for each registered elector, the elections for which he is eligible to vote by a determination of the applicable code areas. The determination of tax code area shall be made for all political subdivisions including those otherwise exempt from the provisions of this chapter.

The county clerk shall conform to the provisions of chapter 4, title 34, Idaho Code, in the administration of registration for all political subdivisions within the county.

History.

I.C.,§ 34-1402, as added by 1992, ch. 176, § 4, p. 553; am. 2003, ch. 48, § 13, p. 181; am. 2011, ch. 285, § 12, p. 778.

STATUTORY NOTES

Prior Laws.

Former§ 34-1402 was repealed. See Prior Laws,§ 34-1401.

Amendments.

The 2011 amendment, by ch. 285, deleted the former last sentence in the second paragraph, which read: “The county clerk shall appoint each city clerk for any city within the county and each election official designated by a political subdivision, as an at-large registrar as provided in section 34-406, Idaho Code, except that no compensation shall be paid by the county clerk for electors registered by these special registrars.”

Effective Dates.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

34-1403. Conduct of elections.

All elections conducted in this state on behalf of each political subdivision within the county shall be conducted in a uniform manner with regard to the qualifications of electors and shall be conducted on the dates as provided by law. In the event that a statute governing a political subdivision provides for qualifications more restrictive than the qualifications for an elector in section 34-402, Idaho Code, the election official of the district shall provide an elector’s oath to be executed at the time of the election certifying to the elector’s qualifications for the specific election.

History.

I.C.,§ 34-1403, as added by 1992, ch. 176, § 4, p. 553; am. 1993, ch. 313, § 6, p. 1157.

34-1404. Declaration of candidacy.

Candidates for election in any political subdivision shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the office for which the nomination is made, the term for which nomination is made, bear the signature of not less than five (5) electors of the candidate’s specific zone or district of the political subdivision, and be filed with the clerk of the political subdivision. The form of the nominating petition shall be as provided by the county clerk and shall be uniform for all political subdivisions. For an election to be held on the third Tuesday in May, in even-numbered years, the nomination petition shall be filed during the period specified in section 34-704, Idaho Code. The clerk of the political subdivision shall verify the qualifications of the nominees and shall, no more than seven (7) days after the close of filing, certify the nominees to be placed on the ballot of the political subdivision. For an election to be held on the first Tuesday after the first Monday of November, in even-numbered years, the nomination shall be filed on or before September 1. The clerk of the political subdivision shall verify the qualifications of the nominees and shall, not later than seven (7) days after the close of filing, certify the nominees to be placed on the ballot of the political subdivisions. For all other elections, the nomination shall be filed not later than 5:00 p.m. on the ninth Friday preceding the election for which the nomination is made. The clerk of the political subdivision shall verify the qualifications of the nominee and shall, not more than seven (7) days following the filing, certify the nominees to be placed on the ballot of the political subdivision.

History.

I.C.,§ 34-1404, as added by 1993, ch. 313, § 8, p. 1157; am. 2009, ch. 341, § 60, p. 993; am. 2010, ch. 185, § 10, p. 382; am. 2011, ch. 11, § 16, p. 24; am. 2014, ch. 162, § 3, p. 455.

STATUTORY NOTES

Prior Laws.

Former§ 34-1404, which comprised S.L. 1992, ch. 176, § 4, effective January 1, 1994, was repealed by S.L. 1993, ch. 313, § 7, effective January 1, 1994.

Amendments.

The 2009 amendment, by ch. 341, substituted “third Tuesday” for “fourth Tuesday” in the third sentence.

The 2010 amendment, by ch. 185, substituted “clerk of the political subdivision” for “election official of the political subdivision” in the first sentence. The 2011 amendment, by ch. 11, substituted “The clerk of the political subdivision” for “The election official” at the beginning of the fourth, sixth and eighth sentences and substituted “ninth Friday” for “sixth Friday” near the middle of the seventh sentence.

The 2014 amendment, by ch. 162, substituted “to be placed on the ballot” for “and any special questions placed by action of the governing board” in the fourth and sixth sentences and deleted “and any special questions, placed by action of the governing board of the political subdivisions” following “the nominees” in the last sentence.

Effective Dates.

Section 161 of S.L. 2009, ch. 341 provided that the act should take effect on and after January 1, 2011.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

34-1405. Notice of election filing deadline.

Not more than fourteen (14) nor less than seven (7) days preceding the candidate filing deadline for an election, the county clerk shall cause to be published a notice of the forthcoming candidate filing deadline for all taxing districts. The notice shall include not less than the name of the political subdivision, the place where filing for each office takes place, and a notice of the availability of declarations of candidacy. The notice shall be published in the official newspaper of the political subdivision.
The secretary of state shall compile an election calendar annually which shall include not less than a listing of the political subdivisions which will be conducting candidate elections in the forthcoming year, the place where filing for each office takes place, and the procedure for a declaration of candidacy. Annually in December, the county clerk shall cause to be published the election calendar for the county for the following calendar year. This publication shall be in addition to the publication required by paragraph [subsection] (1) of this section. The election calendar for the county shall be published in at least two (2) newspapers published within the county, but if this is not possible, the calendar shall be published in one (1) newspaper which has general circulation within the county. Copies of the election calendar shall be available, without charge, from the office of the secretary of state or the county clerk.

I.C.,§ 34-1406, as added by 1992, ch. 176, § 4, p. 553; am. 1993, ch. 313, § 10, p. 1157; am. 2009, ch. 341, § 62, p. 993; am. 2011, ch. 11, § 18, p. 24.

STATUTORY NOTES

Amendments.

The 2009 amendment, by ch. 341, in the first sentence, substituted “county clerk” for “election official of each political subdivision,” inserted “for each political subdivision,” and substituted “newspaper of the county” for “newspaper of the political subdivision”; and added the last three sentences.

The 2011 amendment, by ch. 11, substituted “official newspaper of the political subdivision” for “county’s newspaper” at the end of the last sentence.

Effective Dates.

Section 161 of S.L. 2009, ch. 341 provided that the act should take effect on and after January 1, 2011.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

34-1407. Write-in candidates.

No write-in candidate for any nonpartisan elective office shall be counted unless a declaration of intent has been filed indicating that the person desires the office and is legally qualified to assume the duties of the office. The declaration of intent shall be filed with the clerk of the political subdivision by no later than the eighth Friday before the date of the election.
If the statutes governing elections within a specific political subdivision provide that no election shall be held in the event that no more than one (1) candidate has filed for an office, that statute shall be interpreted in such a manner as to allow for filing a declaration of intent for a write-in candidate until the eighth Friday preceding the election. However, if no candidate has filed within that time, no election shall be held for that political subdivision. The provisions of this section shall not apply to candidates in the primary or general election covered by the provisions of section 34-702A, Idaho Code.

History.

I.C.,§ 34-1407, as added by 1992, ch. 176, § 4, p. 553; am. 1993, ch. 313, § 11, p. 1157; am. 1997, ch. 362, § 1, p. 1069; am. 2011, ch. 11, § 19, p. 24; am. 2019, ch. 96, § 13, p. 344; am. 2020, ch. 69, § 5, p. 157.

STATUTORY NOTES

Amendments.

The 2011 amendment, by ch. 11, substituted “clerk of the political subdivision” for “election official” in the last sentence of the first paragraph and substituted “forty-five (45) days” for “twenty-five (25) days” in the last sentence of the first paragraph and near the end of the first sentence of the second paragraph.

The 2019 amendment, by ch. 96, added the subsection designators to the existing provisions of the section; substituted “by no later than the seventh Friday” for “not less than forty-five (45) days” near the end of the last sentence in subsection (1); and substituted “the seventh Friday” for “forty-five (45) days” near the end of the first sentence in subsection (2).

The 2020 amendment, by ch. 69, substituted “eighth Friday” for “seventh Friday” near the end of subsection (1) and near the end of the first sentence in subsection (2).

Effective Dates.

Section 15 of S.L. 1993, ch. 313 provided that the act shall be in full force and effect on January 1, 1994.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

34-1408. Absentee ballots.

Any registered elector may vote at any election by absentee ballot as provided in chapter 10, title 34, Idaho Code. In the event of a written application to the county clerk for an absentee ballot, the application shall be deemed to be an application for all ballots to be voted in the election, and the county clerk shall provide the ballot of the political subdivision to the elector.

History.

I.C.,§ 34-1408, as added by 1992, ch. 176, § 4, p. 553; am. 2010, ch. 185, § 11, p. 382.

STATUTORY NOTES

Amendments.

The 2010 amendment, by ch. 185, deleted “notify the election official of each political subdivision conducting an election at that date, and the election official shall” following “and the county clerk shall” in the second sentence.

34-1409. Conduct of election on election day.

At all elections conducted by any political subdivision, the polls shall be opened at 8:00 a.m. and remain open until all registered electors of that precinct have appeared and voted or until 8:00 p.m. of the same day, whichever comes first. However, the election official may, at his option, open the polls in his jurisdiction at 7:00 a.m.

All political subdivisions conducting elections on the same date shall, whenever practicable, use the same polling places.

History.

I.C.,§ 34-1409, as added by 1992, ch. 176, § 4, p. 553.

34-1410. Canvassing of election results.

The board of county commissioners shall conduct the canvass of the election results within ten (10) days after the election, in the manner provided in chapter 12, title 34, Idaho Code. The county clerk shall certify the election results to the clerk of each political subdivision for which an election was held. Each political subdivision shall issue the appropriate certificates of election.

History.

I.C.,§ 34-1410, as added by 1992, ch. 176, § 4, p. 553; am. 2010, ch. 185, § 12, p. 382; am. 2011, ch. 11, § 20, p. 24.

STATUTORY NOTES

Amendments.

The 2010 amendment, by ch. 185, in the first sentence, substituted “The board of county commissioners” for “Each political subdivision”; and added the second sentence.

The 2011 amendment, by ch. 11, inserted “within ten (10) days after the election” in the first sentence.

Effective Dates.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

34-1411. Payment of election expenses by county.

On and after January 1, 2011, no county shall charge any taxing district, as defined in section 63-201, Idaho Code, for expenses associated with conducting any election on behalf of any taxing district, with the exception of expenses associated with conducting municipal runoff elections, which shall be paid by the city adopting runoff elections pursuant to the provisions of section 50-612 or 50-707B, Idaho Code. Expenses associated with conducting taxing district elections shall include:
1. Costs of ballot preparation, distribution, printing and counting, including absentee ballots.
2. Costs of printing poll books and costs of tally books, stamps, signs and any other voting supplies, publications and equipment.
3. Wages or other compensation for election judges and clerks or any county employees or officials performing duties associated with conducting taxing district elections.
4. Costs paid for renting polling facilities.
5. Acquisition, repair, maintenance or any other costs associated with voting machines or vote tally systems as defined in subsections (9) and (10) of section 34-2401, Idaho Code.
6. Costs of publishing and printing election notices and ballots.
Counties shall not be responsible for any election expenses prior to the time any taxing district orders an election, such as notice and costs for public hearings and notice and costs for public hearings on ballot measures.
Notwithstanding the provisions of subsection (1) of this section, all ballot questions shall be limited to two hundred fifty (250) words or less. If a ballot question is in excess of two hundred fifty (250) words, the entity proposing a ballot question that is not a state constitutional amendment shall be required to pay the ballot printing costs associated with the ballot question.

History.

I.C.,§ 34-1411, as added by 2009, ch. 341, § 63, p. 993.

STATUTORY NOTES

Effective Dates.

Section 161 of S.L. 2009, ch. 341 provided that the act should take effect on and after January 1, 2011.

RESEARCH REFERENCES

A.L.R.

34-1412. Terms of office going beyond next election date.

Notwithstanding any other provision of law to the contrary, whenever a member of the governing board of a taxing district has been elected to a term of office that goes beyond the next election date as provided by statute, such member of the governing board shall be entitled to serve his or her term of office and shall continue to serve until the following election provided by statute. All governing board members elected on and after January 1, 2011, shall serve terms of office beginning and ending as otherwise provided by statute.

History.

I.C.,§ 34-1412, as added by 2011, ch. 11, § 21, p. 24.

STATUTORY NOTES

Effective Dates.

Section 27 of S.L. 2011, ch. 11 declared an emergency and made this section retroactive to January 1, 2011. Approved February 23, 2011.

34-1413. Procedures for certain political subdivision elections to modify voting procedures.

Any county that wishes to modify voting procedures for a political subdivision election shall submit an election plan to the secretary of state for approval for the modified voting procedures to be effective at least forty (40) calendar days prior to an election. The secretary of state shall notify the political subdivision of its approval, disapproval and, if it is disapproved, what remedial measures may be taken that would allow for approval of the voting plan.

History.

I.C.,§ 34-1413, as added by 2011, ch. 285, § 13, p. 778; am. 2014, ch. 162, § 4, p. 455.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2014 amendment, by ch. 162, in the first sentence, deleted “has a political subdivision in which there is more than one (1) county contained in the political subdivision boundaries and that” preceding “wishes” and inserted “for a political subdivision election”.

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

CHAPTER 15 PRESIDENTIAL ELECTORS

Section.

34-1501. Certificates of election.

The secretary of state shall prepare lists of the names of the electors of president and vice-president of the United States, elected at any election, procure thereto the signature of the governor, affix the seal of the state to the same, and deliver one (1) of such certificates thus signed to each of said electors on or before the second Wednesday in December next after such election.

History.

1890-1891, p. 57, § 110; reen. 1899, p. 33, § 101; reen. R.C. & C.L., § 459; C.S., § 643; I.C.A.,§ 33-1401.

1890-1891, p. 57, § 115; reen. 1899, p. 66, § 5; am. R.C. & C.L., § 465; C.S., § 649; I.C.A.,§ 33-1407; am. 1980, ch. 247, § 28, p. 582.

CHAPTER 16 SPECIAL ELECTIONS

Section.

34-1601 — 34-1605. Conduct of special elections — Meetings of canvassing boards. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This chapter, which comprised 1890-1891, p. 57, §§ 16, 24, 177 to 179; reen. 1899, p. 33, §§ 157 to 161; reen. R.C., §§ 480, 481, 483, 484; am. R.C., § 482; C.L., §§ 480 to 484; C.S.,§§ 664-668; I.C.A.,§§ 33-1501 to 33-1505; am. 1965, ch. 111, § 1, p. 217, was repealed by S.L. 1970, ch. 140, § 216.

CHAPTER 17 RECALL ELECTIONS

Section.

34-1701. Officers subject to recall.

The following public officers, whether holding their elective office by election or appointment, and none other, are subject to recall:

State officers:
1. The governor, lieutenant-governor, secretary of state, state controller, state treasurer, attorney general, and superintendent of public instruction;
2. Members of the state senate, and members of the state house of representatives.
County officers:
1. The members of the board of county commissioners, sheriff, treasurer, assessor, prosecuting attorney, clerk of the district court, and coroner.
City officers:
1. The mayor;
2. Members of the city council.
Special district elected officers for whom recall procedure is not otherwise provided by law.

History.

I.C.,§ 34-1701, as added by 1972, ch. 283, § 3, p. 703; am. 1975, ch. 137, § 1, p. 302; am. 1994, ch. 181, § 3, p. 575; am. 1995, ch. 266, § 1, p. 848.

STATUTORY NOTES

Prior Laws.

Former§§ 34-1701 to 34-1715, which comprised S.L. 1933, ch. 209, §§ 1 to 15, were repealed by S.L. 1972, ch. 283, § 1.

Compiler’s Notes.

This section was enacted by S.L. 1972, Chapter 238 with a paragraph (2)(a), but no paragraph (2)(b).

Effective Dates.

Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.

“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.” Since such amendment was adopted, the amendment to this section by § 3 of S.L. 1994, ch. 181 became effective January 2, 1995.

RESEARCH REFERENCES

Idaho Law Review.

Idaho Law Review. — Legislative Power at Odds: The Effect of a Referendum Petition in Idaho, Comment. 48 Idaho L. Rev. 553 (2012).

A.L.R.

34-1702. Required signatures on petition.

A petition for recall of an officer shall be instituted by filing with the appropriate official a verified written petition requesting such recall.

If the petition seeks recall of any of the officers named in subsection (1)(a) of section 34-1701, Idaho Code, the petition shall be filed with the secretary of state, and must be signed by registered electors equal in number to twenty percent (20%) of the number of electors registered to vote at the last general election held to elect a governor.
If the petition seeks recall of any of the officers named in subsection (1)(b) of section 34-1701, Idaho Code, the petition shall be filed with the secretary of state, and must be signed by registered electors of the legislative district equal in number to twenty percent (20%) of the number of electors registered to vote at the last general election held in the legislative district at which the member was elected.
If the petition seeks recall of any of the officers named in subsection (2)(a) of section 34-1701, Idaho Code, the petition shall be filed with the county clerk, and must be signed by registered electors of the county equal in number to twenty percent (20%) of the number of electors registered to vote at the last general election held in the county for the election of county officers at which the officer was elected.
If the petition seeks recall of any of the officers named in subsection (3) of section 34-1701, Idaho Code, the petition shall be filed with the city clerk, and must be signed by registered electors of the city equal in number to twenty percent (20%) of the number of electors registered to vote at the last general city election held in the city for the election of officers.
If the petition seeks recall of any of the officers named in subsection (4) of section 34-1701, Idaho Code, the petition shall be filed with the county clerk of the county wherein the district is located. If the district is located in two (2) or more counties, the clerk in each county shall perform the functions within that county. The petition must be signed by registered electors of the district or school trustee zone equal in number to fifty percent (50%) of the number of electors who cast votes in the last election of the district or school trustee zone. If no district election has been held in the last six (6) years, the petition must be signed by twenty percent (20%) of the number of electors registered to vote in the district or school trustee zone at the time the petition is filed.

History.

I.C.,§ 34-1702, as added by 1972, ch. 283, § 3, p. 703; am. 1995, ch. 266, § 2, p. 848; am. 2003, ch. 57, § 1, p. 200; am. 2012, ch. 211, § 8, p. 571.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Amendments.

The 2012 amendment, by ch. 211, inserted “or school trustee zone” three times in the last two sentences in subsection (5).

Effective Dates.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

JUDICIAL DECISIONS

Cited in:

in: West v. Cenarrusa, 95 Idaho 822, 520 P.2d 1088 (1974).

34-1703. Form of petition.

The recall petition for state officers other than members of the state legislature shall be in substantially the following form:

RECALL PETITION

To the Honorable . . . . , County Clerk of the County of . . . .:

We, the undersigned citizens and registered electors of (here insert the official name of the district), respectfully demand that .... , holding the office of .... , of the (district), be recalled by the registered electors of the (district) for the following reasons (insert the reasons for the recall in two hundred (200) words or less):

that a special election therefor be called, that we, each for himself say: I am a registered elector of the (district), my residence, address including city, and the date I signed this petition are correctly written after my name.

(Here follow no more than twenty numbered lines for signatures.)

History.

I.C.,§ 34-1703, as added by 1972, ch. 283, § 3, p. 703; am. 1989, ch. 344, § 1, p. 867; am. 1995, ch. 266, § 3, p. 848; am. 2013, ch. 135, § 5, p. 307; am. 2019, ch. 96, § 14, p. 344.

STATUTORY NOTES

Prior Laws.

Former§ 34-1703 was repealed. See Prior Laws,§ 34-1701.

Amendments.

The 2013 amendment, by ch. 135, throughout the section, substituted “address including city” for “post office address” and “City” for “City or Post Office” in the petition templates.

The 2019 amendment, by ch. 96, inserted “no more than” following “(Here follow” in the centered paragraph at the end of each form.

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

Effective Dates.

Section 14 of S.L. 2013, ch. 135 declared an emergency. Approved March 22, 2013.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

JUDICIAL DECISIONS

Cited in:

in: West v. Cenarrusa, 95 Idaho 822, 520 P.2d 1088 (1974).

34-1704. Printing of petition and sheets for signatures — Time limits for perfecting petition.

Before or at the time of beginning to circulate any petition for the recall of any officer subject to recall, the person or persons, organization or organizations under whose authority the recall petition is to be circulated, shall send or deliver to the secretary of state, county clerk, or city clerk, as the case may be, a copy of a prospective petition duly signed by at least twenty (20) electors eligible to sign such petition. The receiving officer shall immediately examine the petition and specify the form and kind and size of paper on which the petition shall be printed and circulated for further signatures. All petitions and signature sheets for recall shall be printed on a good quality bond paper of standardized size in substantial conformance within the provisions of section 34-1703, Idaho Code. To every sheet of petitioners’ signatures shall be attached a full and correct copy of the recall petition.
The secretary of state, county clerk, or city clerk, as the case may be, shall indicate in writing on the prospective recall petition that he has approved it as to form and the date of such approval. Upon approval as to form, the secretary of state, county clerk, or city clerk, shall inform the person or persons, organization or organizations under whose authority the recall petition is to be circulated, in writing, that the petition must be perfected with the required number of signatures within seventy-five (75) days following the date of approval as to form. Signatures on the prospective petition shall not be counted toward the required number of signatures. Any petition that does not contain the required number of signatures within the seventy-five (75) days allowed shall be declared null and void ab initio in its entirety.

History.

I.C.,§ 34-1704, as added by 1972, ch. 283, § 3, p. 703; am. 1975, ch. 137, § 2, p. 302; am. 2004, ch. 164, § 1, p. 533; am. 2013, ch. 135, § 6, p. 307.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-1704 was repealed. See Prior Laws,§ 34-1701.

Amendments.

Effective Dates.

The 2013 amendment, by ch. 135, substituted “signatures” for “certified signatures” throughout the section; deleted “or ledger” following “good quality bond” in the third sentence of subsection (1); and substituted “does not contain the required number of” for “has not been perfected with the required number of” in the last sentence of subsection (2). Effective Dates.

Section 14 of S.L. 2013, ch. 135 declared an emergency. Approved March 22, 2013.

JUDICIAL DECISIONS

Cited in:

in: West v. Cenarrusa, 95 Idaho 822, 520 P.2d 1088 (1974).

34-1705. Verification on sheets for signatures.

Each and every signature sheet of each petition containing signatures shall be verified on the face thereof in substantially the following form by the person who circulated said sheet of the petition, by his or her affidavit thereon, as a part thereof:

State of Idaho

I, ...., swear, under penalty of perjury, that I am a resident of the State of Idaho and at least eighteen (18) years of age; and that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence. I believe that each has stated his or her name and the accompanying required information on the signature sheet correctly, and that the person was eligible to sign this petition.

Subscribed and sworn to before me this .... day of ...., .....

(Notary Seal)

History.

I.C.,§ 34-1705, as added by 1972, ch. 283, § 3, p. 703; am. 2004, ch. 164, § 2, p. 533.

STATUTORY NOTES

Prior Laws.

Former§ 34-1705 was repealed. See Prior Laws,§ 34-1701.

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

34-1706. Examination and certification of signatures.

All petitions with attached signature sheets shall be filed on the same day with the secretary of state, county clerk, or city clerk, as the case may be. The secretary of state or the city clerk shall promptly transmit the petitions and attached signature sheets to the county clerk. An examination to verify whether or not the petition signers are qualified electors shall be conducted by the county clerk and a certificate shall be attached to the signature sheets as provided in section 34-1807, Idaho Code. This examination shall not exceed fifteen (15) business days from the date of receipt of the petitions.

History.

I.C.,§ 34-1706, as added by 1972, ch. 283, § 3, p. 703; am. 1975, ch. 137, § 3, p. 302; am. 1995, ch. 266, § 4, p. 848; am. 2004, ch. 164, § 3, p. 533; am. 2013, ch. 135, § 7, p. 307.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-1706 was repealed. See Prior Laws,§ 34-1701.

Amendments.

The 2013 amendment, by ch. 135, inserted “and a certificate shall be attached to the signature sheets” in the next-to-last sentence.

Effective Dates.

Section 14 of S.L. 2013, ch. 135 declared an emergency. Approved March 22, 2013.

JUDICIAL DECISIONS

Sufficiency of Petition.

In action to require secretary of state to accept and file recall petition, the omission of the word “Pocatello” from the petition did not render it insufficient where each of the signers supplied his name, residence, county, legislative district, election precinct, and was a resident of the 34th legislative district when that district was composed entirely of precincts of the city of Pocatello. West v. Cenarrusa, 95 Idaho 822, 520 P.2d 1088 (1974).

34-1707. Sufficiency of petition — Notification — Effect of resignation — Special election.

In the event that a petition filed with the secretary of state is found by the secretary of state to contain the required number of certified signatures, the secretary of state shall promptly provide written notice to the officer being recalled and the petitioner that the recall petition is in proper form. If the officer being recalled is the secretary of state, the governor shall also be notified.
1. If the officer being recalled resigns his office within five (5) business days after notice from the secretary of state, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law.
2. If the officer being recalled does not resign his office within five (5) business days after notice from the secretary of state, a special election shall be ordered by the secretary of state, unless he is the officer being recalled, in which event the governor shall order such special election. The special election must be held on the date prescribed in section 34-106, Idaho Code. If the officer being recalled is one (1) specified in section 34-1701(1) (a), Idaho Code, the special election shall be conducted statewide. If the officer being recalled is one (1) specified in section 34-1701(1) (b), Idaho Code, the special election shall be conducted only in the legislative district.
In the event that a petition filed with the county clerk is found by the county clerk to contain the required number of certified signatures, the county clerk shall promptly provide written notice to the officer being recalled and the petitioner that the recall petition is in proper form. If the officer being recalled is the county clerk, the secretary of state shall also be notified.
1. If the officer being recalled resigns his office within five (5) business days after notice from the county clerk, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law.
2. If the officer being recalled does not resign his office within five (5) business days after notice from the county clerk, a special election shall be ordered by the county clerk, unless the county clerk is the officer being recalled, in which event the secretary of state shall order the special election. The special election must be held on the date prescribed in section 34-106, Idaho Code. The special election shall be conducted countywide.
In the event that a petition filed with the county clerk concerning the recall of an official of a local government office is found by the county clerk to contain the required number of certified signatures, the county clerk shall promptly provide written notice to the officer being recalled, the petitioner, and the governing board responsible for the local government official, if any, that the recall petition is in proper form.
1. If the officer being recalled resigns his office within five (5) business days after notice from the county clerk, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law.
2. If the officer being recalled does not resign his office within five (5) business days after notice from the county clerk, a special election shall be ordered by the county clerk. The special election must be held on the date prescribed in section 34-106, Idaho Code. The election shall be conducted by the county clerk in the manner provided in section 34-1401, Idaho Code. (4) In the event that a petition is found not to have the required number of signatures, the officer shall continue in office and no new recall petition may be circulated for a period of ninety (90) days against the same officer.

History.

I.C.,§ 34-1707, as added by 1972, ch. 283, § 3, p. 703; am. 1975, ch. 137, § 4, p. 302; am. 1989, ch. 344, § 2, p. 867; am. 1993, ch. 313, § 13, p. 1157; am. 1994, ch. 54, § 6, p. 93; am. 1995, ch. 266, § 5, p. 848; am. 2004, ch. 164, § 4, p. 533; am. 2012, ch. 211, § 9, p. 571; am. 2013, ch. 135, § 8, p. 307; am. 2020, ch. 81, § 1, p. 172.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-1707 was repealed. See Prior Laws,§ 34-1701.

Amendments.

The 2012 amendment, by ch. 211, in paragraph (3)(b), in the last sentence, substituted “county clerk” for “special district” and deleted “and the special district may contract with the county clerk as provided in section 34-1401, Idaho Code” from the end; and, in paragraph (4)(b), in the last sentence, deleted “special” preceding “election” and inserted “by the county clerk in the manner provided in section 34-1401, Idaho Code, and shall be conducted.”

The 2013 amendment, by ch. 135, substituted “provide written notice to the officer being recalled, and the petitioner informing them” for “by certified mail, inform the officer being recalled, and the petitioner” in the introductory paragraph of subsections (1), (2), (3), and (4) and substituted “provide written notice to the officer being recalled, and the petitioner, and the governing board of the special district informing them” for “by certified mail, inform the officer being recalled, and the petitioner, and the governing board and election officials of the special district” in the introductory paragraph in subsection (3).

Effective Dates.

The 2020 amendment, by ch. 81, in subsection (1), deleted “informing them” preceding “that the recall petitition” near the end of the first sentence and added the last sentence; in subsection (2), in the introductory paragraph, deleted “informing them” preceding “that the recall petition” near the end of the first sentence and added the last sentence, and inserted “unless the county clerk is the officer being recalled, in which event the secretary of state shall order the special election” at the end of the first sentence in paragraph (b); in subsection (3), in the introductory paragraph, substituted “local government office” for “special district” near the beginning and substituted “the petitioner, and the governing board responsible for the local government official, if any” for “and the petitioner, and the governing board of the special district informing them” near the end, and substituted “county clerk” for “governing board of the special district” at the end of the first sentence in paragraph (b); deleted former subsection (4), which ly read: “In the event that a petition filed with a city clerk is found by the city clerk to contain the required number of certified signatures, the city clerk shall promptly provide written notice to the officer being recalled, and the petitioner, informing them that the recall petition is in proper form. (a) If the officer being recalled resigns his office within five (5) business days after notice from the city clerk, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law. (b) If the officer being recalled does not resign his office within five (5) business days after notice from the city clerk, a special election shall be ordered by the city clerk. The special election must be held on the date prescribed in section 34-106, Idaho Code. The election shall be conducted by the county clerk in the manner provided in section 34-1401, Idaho Code, and shall be conducted citywide”; and redesignated former subsection (5) as present subsection (4). Effective Dates.

Section 15 of S.L. 1993, ch. 313 provided that the act shall be in full force and effect on January 1, 1994.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

Section 14 of S.L. 2013, ch. 135 declared an emergency. Approved March 22, 2013.

Section 2 of S.L. 2020, ch. 81 declared an emergency. Approved March 10, 2020.

Prior Laws.

Former§ 34-1710 was repealed. See Prior Laws,§ 34-1701.

34-1711. Canvass of returns.

The board of county commissioners shall act as the board of canvassers for all special recall elections that involve elections held wholly or partly within their county.
1. For all special recall elections involving state officers, the board of county commissioners shall meet within ten (10) days after said election to canvass the votes cast at such election, and shall immediately transmit to the secretary of state an abstract of the votes cast.
2. Within fifteen (15) days following the special recall election held to recall a state officer, the state board of canvassers shall meet and canvass the votes cast at such election, and the secretary of state shall immediately after the completion thereof, proclaim the results.
3. For all special recall elections involving county officers, the board of county commissioners shall meet within ten (10) days after said election to canvass the votes cast at such election, and the county clerk shall immediately after the completion thereof, proclaim the results.
4. For all special recall elections involving city or special district officials, the board of county commissioners shall meet within ten (10) days after said election to canvass the votes cast at such election, and the county clerk shall immediately after the completion thereof, proclaim the results. The county clerk shall certify the results of the recall election to the clerk of the political subdivision for which the election was held.

History.

I.C.,§ 34-1711, as added by 1972, ch. 283, § 3, p. 703; am. 2004, ch. 164, § 5, p. 533; am. 2013, ch. 135, § 9, p. 307.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

State board of canvassers,§ 34-1211.

Prior Laws.

Former§ 34-1711 was repealed. See Prior Laws,§ 34-1701.

Amendments.

Compiler’s Notes.

The 2013 amendment, by ch. 135, deleted “involving state and county officers” following “special recall elections” in the introductory paragraph in subsection (1); and, in paragraph (1)(d), substituted “or special district officials, the board of county commissioners shall meet within ten (10) days after said election to canvass the votes cast at such election, and the county clerk shall immediately after the completion thereof, proclaim the results” for “officers, the mayor and council shall meet within six (6) days after said election to canvass the votes cast at such election, and the city clerk shall immediately after the completion thereof, proclaim the results” in the first sentence and added the last sentence. Compiler’s Notes.

As enacted in 1972, this section contains a subsection (1), but no subsection (2).

Effective Dates.

Section 14 of S.L. 2013, ch. 135 declared an emergency. Approved March 22, 2013.

34-1712. General election laws control.

The provisions relating to general elections, including the payment of expenses of conducting the recall election, shall govern special recall elections except where otherwise provided.
Whenever a special recall election is ordered, notice must be issued in the same manner as for a general election.
To recall any officer, a majority of the votes cast at the special recall election must be in favor of such recall, and additionally, the number of votes cast in favor of the recall must equal or exceed the votes cast at the last general election for that officer. If the officer was appointed or was not required to stand for election, then a majority of the votes cast in the recall election shall be the number necessary for recall.
If recalled, an officer shall be recalled as of the time when the results of the special recall election are proclaimed, and a vacancy in the office shall exist.
If an officer is recalled from his office the vacancy shall be filled in the manner provided by law for filling a vacancy in that office arising from any other cause.

History.

I.C.,§ 34-1712, as added by 1972, ch. 283, § 3, p. 703; am. 1975, ch. 137, § 5, p. 302; am. 2003, ch. 57, § 2, p. 200; am. 2013, ch. 135, § 10, p. 307.

STATUTORY NOTES

Prior Laws.

Former§ 34-1712 was repealed. See Prior Laws,§ 34-1701.

Amendments.

The 2013 amendment, by ch. 135, deleted “and posted” following “notice must be issued” in subsection (2).

Effective Dates.

Section 14 of S.L. 2013, ch. 135 declared an emergency. Approved March 22, 2013.

34-1713. Time within which recall may be filed — Removal of signatures.

No petition for a recall shall be circulated against any officer until he has actually held office under the current term for at least ninety (90) days.
After one (1) special recall election, no further recall petition shall be filed against the same officer during his current term of office, unless the petitioners first pay into the public treasury which has paid such special recall election expenses the whole amount of the expenses for the preceding recall election. The specific reason for recall in one (1) recall petition for which an election has been held cannot be the basis for a second recall petition during that current term of office.
The signer of any recall petition may remove his own name from the petition by crossing out, obliterating, or otherwise defacing his own signature at any time prior to the time when the petition is filed.

History.

I.C.,§ 34-1713, as added by 1972, ch. 283, § 3, p. 703; am. 1975, ch. 137, § 6, p. 302; am. 2004, ch. 164, § 6, p. 533; am. 2013, ch. 135, § 11, p. 307.

STATUTORY NOTES

Prior Laws.

Former§ 34-1713 was repealed. See Prior Laws,§ 34-1701.

Amendments.

The 2013 amendment, by ch. 135, substituted “office under the current term for at least” for “his office” in subsection (1) and inserted “for which an election has been held” in the last sentence of subsection (2).

Effective Dates.

Section 14 of S.L. 2013, ch. 135 declared an emergency. Approved March 22, 2013.

34-1714. Prohibited acts — Penalties.

A person is guilty of a felony, who:
1. Signs any name other than his own to any recall petition;
2. Knowingly signs his name more than once on the same recall petition;
3. Knowingly signs his name to any recall petition for the recall of any state, county or city officer if he is not a registered elector;
4. Wilfully or knowingly circulates, publishes or exhibits any false statement or representation concerning the contents, purport or effect of any recall petition for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such recall petition;
5. Presents to any officer for filing any recall petition to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent, or not the genuine signature of the person purporting to sign such petition, or whose name is attached, appended or subscribed thereto;
6. Circulates or causes to circulate any recall petition, knowing the same to contain false, forged or fictitious names;
7. Makes any false affidavit concerning any recall petition or the signatures appended thereto;
8. Offers, proposes or threatens for any pecuniary reward or consideration:
9. To offer, propose, threaten or attempt to sell, hinder or delay any recall petition or any part thereof or any signatures thereon;
A public officer is guilty of a felony, who:
1. Knowingly makes any false return, certification or affidavit concerning any recall petition, or the signatures appended thereto.

History.

I.C.,§ 34-1714, as added by 1972, ch. 283, § 3, p. 703; am. 1972, ch. 382, § 1, p. 1114.

STATUTORY NOTES

Cross References.

Penalty for felony when not otherwise provided,§ 18-112.

Prior Laws.

Former§ 34-1714 was repealed. See Prior Laws,§ 34-1701.

Compiler’s Notes.

As enacted in 1972, subsection (2) of this section contains a paragraph (a), but no paragraph (b).

34-1715. Refusal to accept petition — Mandate — Injunction.

If the secretary of state, county clerk, or city clerk, refuses to accept and file any petition for the recall of a public officer with the requisite number of eligible signatures, any citizen may apply within ten (10) business days after such refusal to the district court for a writ of mandamus to compel him to do so. If it shall be decided by the court that such petition is legally sufficient, the secretary of state, county clerk, or city clerk shall then accept and file the recall petition, with a certified copy of the judgment attached thereto, as of the date on which it was originally offered for filing in his office, except that the time limitations required by section 34-1704(2), Idaho Code, shall begin to run only as of the date of the court judgment, which shall be so stated in the judgment. On a showing that the petition is not legally sufficient, the court may enjoin the secretary of state, county clerk, or city clerk, and all other officers from certifying or printing any official ballot for a recall election. All such suits shall be advanced on the court docket and heard and decided by the court as quickly as possible. Either party may appeal to the court of appeals within ten (10) business days after a decision is rendered. The district court of the state of Idaho in and for Ada County shall have jurisdiction in all cases involving the recall of state officers.

History.

I.C.,§ 34-1715, as added by 1972, ch. 283, § 3, p. 703; am. 2004, ch. 164, § 7, p. 533.

STATUTORY NOTES

Prior Laws.

Former§ 34-1715 was repealed. See Prior Laws,§ 34-1701.

34-1716 — 34-1727. Filling of vacancies — Petitions — Unlawful practices — Penalty. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

These sections, which comprised S.L. 1933, ch. 209, §§ 16 to 27, were repealed by S.L. 1972, ch. 283, § 1.

CHAPTER 18 INITIATIVE AND REFERENDUM ELECTIONS

Section.

34-1801. Statement of legislative intent and legislative purpose.

The legislature of the state of Idaho finds that there have been incidents of fraudulent and misleading practices in soliciting and obtaining signatures on initiative or referendum petitions, or both, that false signatures have been placed upon initiative or referendum petitions, or both, that difficulties have arisen in determining the identity of petition circulators and that substantial danger exists that such unlawful practices will or may continue in the future. In order to prevent and deter such behavior, the legislature determines that it is necessary to provide easy identity to the public of those persons who solicit or obtain signatures on initiative or referendum petitions, or both, and of those persons for whom they are soliciting and obtaining signatures and to inform the public concerning the solicitation and obtaining of such signatures. It is the purpose of the legislature in enacting this act to fulfill the foregoing statement of intent and remedy the foregoing practices.

History.

I.C.,§ 34-1801, as added by 1997, ch. 266, § 2, p. 756.

STATUTORY NOTES

Compiler’s Notes.

Former§ 34-1801 was amended and redesignated as§ 34-1801A by § 1 of S.L. 1997, ch. 266, effective July 1, 1997.

The term “this act”, used in the last sentence, refers to S.L. 1997, Chapter 266, which is codified as§§ 34-1801, 34-1801A, 34-1802, 34-1803B, 34-1805, 34-1807, 34-1809, 34-1814, 34-1815, and 34-1823. The reference probably should be to “this chapter,” being chapter 18, title 34, Idaho Code.

Effective Dates.

Section 12 of S.L. 1997, ch. 266 read: “This act shall be in full force and effect on and after July 1, 1997, and this act shall apply to all initiative petitions that have been submitted with qualifying signatures pursuant to section 34-1804, Idaho Code, on and after July 1, 1997.”

34-1801A. Petition.

An initiative petition shall embrace only one (1) subject and matters properly connected with it.
The following shall be substantially the form of petition for any law proposed by the initiative:

WARNING

It is a felony for anyone to sign any initiative or referendum petition with any name other than his own, or to knowingly sign his name more than once for the measure, or to sign such petition when he is not a qualified elector.

INITIATIVE PETITION

To the Honorable ...., Secretary of State of the State of Idaho:

We, the undersigned citizens and qualified electors of the State of Idaho, respectfully demand that the following proposed law (setting out full text of measure proposed) shall be submitted to the qualified electors of the State of Idaho, for their approval or rejection at the regular general election, to be held on the .... day of ...., A.D., ...., and each for himself says: I have personally signed this petition; I am a qualified elector of the State of Idaho; my residence and legislative district are correctly written after my name.

(Here follow no more than twenty numbered lines for signatures.)

(3) The petition for referendum on any act passed by the state legislature of the state of Idaho shall be in substantially the same form with appropriate title and changes, setting out in full the text of the act of the legislature to be referred to the people for their approval or rejection.

History.

1933, ch. 210, § 1, p. 431; am. 1988, ch. 48, § 1, p. 66; am. and redesig. 1997, ch. 266, § 1, p. 756; am. 2013, ch. 214, § 1, p. 503; am. 2013, ch. 336, § 1, p. 873; am. 2019, ch. 96, § 15, p. 344; am. 2020, ch. 336, § 1, p. 977.

STATUTORY NOTES

Cross References.

Constitutional authorization, Idaho Const., Art. III, § 1.

Amendments.

This section was amended by two 2013 acts which appear to be compatible and have been compiled together.

The 2013 amendment, by ch. 214, in the Initiative Petition, substituted “legislative district” for “post office” near the end of the introductory language, deleted “or Post Office” following “City” in the column heading, and added the last two column headings.

The 2013 amendment, by ch. 336, in the Initiative Petition table head, substituted “Date” for “Legislative District” in the fifth column, and “Legislative District Official use only” in the sixth column.

The 2019 amendment, by ch. 96, inserted “no more than” following “(Here follow” in the centered paragraph at the end of the form.

The 2020 amendment, by ch. 336, added present subsection (1) and designated the existing paragraphs as subsections (2) and (3).

Compiler’s Notes.

This section was formerly compiled as§ 34-1801.

The words enclosed in parentheses so appeared in the law as enacted.

Section 5 of S.L. 2020, ch. 336 provided: “Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”

Effective Dates.

Section 4 of S.L. 2013, ch. 336 provided: “This act shall be in full force and effect on and after July 1, 2013, and shall apply to those initiative or referendum petitions that have been assigned a ballot title by the Attorney General on and after July 1, 2013, and those initiative or referendum petitions filed prior to July 1, 2013, shall have the provisions of Chapter 18, Title 34, Idaho Code, that were in existence prior to July 1, 2013, apply to them.”

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

JUDICIAL DECISIONS

Analysis

Legal Voter.

One who is not registered to vote is not a “legal voter” (now “qualified elector”) within the meaning of this section. Dredge Mining Control — Yes!, Inc. v. Cenarrusa, 92 Idaho 480, 445 P.2d 655 (1968).

Repeal by Legislature.

Cited in:

The legislature had the constitutional power to repeal the Senior Citizens’ Grants Act initiated by the people and approved and passed by a vote of the people at a general election. Luker v. Curtis, 64 Idaho 703, 136 P.2d 978 (1943). Cited in: In re Idaho State Fed’n of Labor, 75 Idaho 367, 272 P.2d 707 (1954).

34-1801B. Initiative and referendum procedures for cities.

Each city shall allow direct legislation by the people through the initiative and referendum. Cities shall follow the procedures set forth in this chapter subject to the following provisions:

The city attorney shall perform the duties assigned to the attorney general.
The city clerk shall perform those duties assigned to the secretary of state.
City initiative and referendum elections shall be held on the Tuesday following the first Monday in November in odd-numbered years.
An action brought pursuant to section 34-1809, Idaho Code, challenging the ballot title or short title shall be brought in the district court in the county in which the city is located.
Pursuant to section 34-1809, Idaho Code, the city attorney shall prepare recommendations concerning revision of the initiative or referendum, issue a certificate of review to the city clerk, and shall prepare the ballot title and short title.
To be eligible to sign a petition for city initiative or referendum, a person shall be a qualified elector of the city at the time of signing thereon.
To perfect a petition for city initiative or referendum the petition shall have signatures from at least twenty percent (20%) of the total number of qualified electors voting in the last general city election in November of an odd-numbered year.
The provisions of section 34-1805, Idaho Code, relating to the number of required signatures and geographic distribution of signatures shall not apply to city initiative or referendum.
Any person who circulates a petition for city initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age, and pursuant to section 34-1807, Idaho Code, shall certify their belief that each signer of the petition is a qualified elector of the state of Idaho and the city.
A copy of all petitions and signature sheets shall be kept by the city clerk as a public record.
The prospective petition for referendum, as provided by section 34-1804, Idaho Code, shall be filed not more than sixty (60) days following publication of the adopted ordinance as provided by section 50-901, Idaho Code.
The deadline for submission of signatures to the city clerk is one hundred eighty (180) days after the petitioners for initiative or referendum receive the official ballot title from the city clerk, or April 30 of the year of the initiative or referendum election, whichever is earlier.
Petitioners must submit the signed initiative or referendum petitions to the county clerk for verification not later than the close of business on the first day of May in the year of the initiative or referendum election, or one hundred eighty (180) days after the petitioners receive the official ballot title from the city clerk, whichever is earlier.
The county clerk has sixty (60) calendar days to verify the signatures as provided in subsection (3) of section 34-1802, Idaho Code.
The city council shall have the option to adopt the ordinance proposed by initiative within thirty (30) days after the notification pursuant to section 34-1807, Idaho Code, provided that the petition has the required number of signatures. The city council shall hold a public hearing on the proposed ordinance within the thirty (30) day period, preceded by legal notice published once in the official city newspaper at least seven (7) days preceding the hearing. If the ordinance is not adopted by the council by the end of the thirty (30) day period, the initiative shall be put on the ballot.
As provided by sections 34-1812A through 34-1812C, Idaho Code, a voters’ pamphlet shall be prepared by the city clerk.
To be passed into law, an initiative or referendum shall be approved by a majority of the votes cast on the measure.
The mayor shall issue the proclamation provided by section 34-1813, Idaho Code.
The city clerk shall publish an ordinance adopted by initiative or referendum within thirty (30) days after the proclamation by the mayor provided in subsection (18) of this section.
All city ordinances setting forth procedures for initiative or referendum are void on July 1, 2015.
This section does not apply to bond elections.
This section does not apply to any local zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67, Idaho Code.

History.

I.C.,§ 34-1801B, as added by 2015, ch. 285, § 2, p. 1155; am. 2018, ch. 238, § 2, p. 557.

STATUTORY NOTES

Amendments.

The 2018 amendment, by ch. 238, added subsection (22).

JUDICIAL DECISIONS

Decisions Under Prior Law

Analysis

Court Remedies Against Council.

Council could have been compelled in a proper case by mandamus to hold a referendum election and could have been restrained by writ of prohibition from holding an unauthorized election. Perrault v. Robinson, 29 Idaho 267, 158 P. 1074 (1916). See City of Boise City v. Keep the Commandments Coalition (In re Initiative Petition for a Ten Commandments Display), 143 Idaho 254, 141 P.3d 1123 (2006).

Initiative Power.

Necessity for Authorizing Ordinance.

Pursuant to Idaho Const., Art. III, § 1 and§ 50-501, coalition’s petition for an initiative election demanding enactment of an ordinance for a Ten Commandments display to be placed in a park qualified for the ballot for consideration by the voters; the supreme court could not interrupt the consideration of a properly qualified initiative. City of Boise City v. Keep the Commandments Coalition (In re Initiative Petition for a Ten Commandments Display), 143 Idaho 254, 141 P.3d 1123 (2006). Necessity for Authorizing Ordinance.

Boise City not having passed an initiative and referendum ordinance as provided by provisions of the former law governing referendums, no such right of direct legislation by the people existed, the provisions for the same under the Boise City charter being no longer in force. Anderson v. Boise City, 91 Idaho 527, 427 P.2d 574 (1967).

Tax and Appropriation Ordinances.

It was not intention of legislature that ordinances making annual tax levy and appropriations should have been submitted to a referendum vote. Swain v. Fritchman, 21 Idaho 783, 125 P. 319 (1912).

34-1801C. Initiative and referendum procedures for counties.

Each county shall allow direct legislation by the people through the initiative and referendum. Counties shall follow the procedures set forth in this chapter subject to the following provisions:

The county prosecuting attorney shall perform the duties assigned to the attorney general.
The county clerk shall perform those duties assigned to the secretary of state.
County initiative and referendum elections shall be held pursuant to section 34-106(8), Idaho Code.
Pursuant to section 34-1809, Idaho Code, the county prosecuting attorney shall prepare recommendations concerning revision of the initiative or referendum, issue a certificate of review to the county clerk and prepare the ballot title and short title.
An action brought pursuant to section 34-1809, Idaho Code, challenging the ballot title or short title shall be brought in the district court of the county.
To be eligible to sign a petition for county initiative or referendum, a person shall be a qualified elector of the county at the time of signing the petition.
To perfect a petition for county initiative or referendum, the petition shall have signatures from at least twenty percent (20%) of the total number of qualified electors voting in the last general county election in November of an even-numbered year.
The provisions of section 34-1805, Idaho Code, relating to the number of required signatures and geographic distribution of signatures shall not apply to a county initiative or referendum.
Any person who circulates a petition for county initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age, and pursuant to section 34-1807, Idaho Code, shall certify his belief that each signer of the petition is a qualified elector of the state of Idaho and the county.
A copy of all petitions and signature sheets shall be kept by the county clerk as a public record.
The prospective petition for referendum, as provided by section 34-1804, Idaho Code, shall be filed no more than sixty (60) days following publication of the adopted ordinance as provided by section 31-715, Idaho Code.
Petitioners must submit the signed initiative or referendum petitions to the county clerk for verification no later than one hundred eighty (180) days after the petitioners receive the official ballot title from the county clerk, or one hundred eighty (180) days before the election at which the initiative or referendum is to be voted on, whichever is earlier.
The county clerk has sixty (60) calendar days to verify the signatures as provided in section 34-1802(3), Idaho Code.
The board of county commissioners shall have the option to adopt the ordinance proposed by initiative within thirty (30) days after the notification pursuant to section 34-1807, Idaho Code, provided that the petition has the required number of signatures. The board of county commissioners shall hold a public hearing on the proposed ordinance within the thirty (30) day period, preceded by legal notice published once in the county at least seven (7) days preceding the hearing. If the ordinance is not adopted by the board of county commissioners by the end of the thirty (30) day period, the initiative shall be put on the ballot.
As provided by sections 34-1812A through 34-1812C, Idaho Code, a voters’ pamphlet shall be prepared by the county clerk.
To be passed into law, an initiative or referendum shall be approved by a majority of the votes cast on the measure.
The board of county commissioners shall issue the proclamation provided by section 34-1813, Idaho Code.
The county clerk shall publish an ordinance adopted by initiative or referendum within thirty (30) days after the proclamation by the board of county commissioners provided in subsection (17) of this section.
All county ordinances setting forth initiative or referendum procedures are void on July 1, 2018.
This section does not apply to bond elections.
This section does not apply to zoning legislation including, but not limited to, ordinances required or authorized pursuant to chapter 65, title 67, Idaho Code.

History.

I.C.,§ 34-1801C, as added by 2018, ch. 238, § 4, p. 557.

STATUTORY NOTES

Compiler’s Notes.

This section is similar to former§ 31-717, as last amended by S.L. 1996, ch. 283, § 9 and repealed by S.L. 2018, ch. 238, § 3, effective July 1, 2018.

34-1802. Initiative petitions — Time for gathering signatures — Time for submission of signatures to the county clerk — Time for filing.

Except as provided in section 34-1804, Idaho Code, petitions for an initiative shall be circulated and signatures obtained beginning upon the date that the petitioners receive both the fiscal impact statement and the official ballot title from the secretary of state and extending eighteen (18) months from that date, or April 30 of the year of the next general election, whichever occurs earlier. The last day for circulating petitions and obtaining signatures shall be the last day of April in the year an election on the initiative will be held.
The person or persons or organization or organizations under whose authority the measure is to be initiated shall submit the petitions containing signatures to the county clerk for verification pursuant to the provisions of section 34-1807, Idaho Code. The signatures required shall be submitted to the county clerk not later than the close of business on the first day of May in the year an election on the initiative will be held, or eighteen (18) months from the date the petitioner receives the official ballot title from the secretary of state, whichever is earlier.
The county clerk shall, within sixty (60) calendar days of the deadline for the submission of the signatures, verify the signatures contained in the petitions, but in no event shall the time extend beyond the last day of June in the year an election on the initiative will be held.
Initiative petitions with the requisite number of signatures attached shall be filed with the secretary of state not less than four (4) months before the election at which they are to be voted upon.

History.

1933, ch. 210, § 2, p. 431; am. 1997, ch. 266, § 3, p. 756; am. 2011, ch. 285, § 14, p. 778; am. 2020, ch. 317, § 1, p. 902.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2011 amendment, by ch. 285, substituted “of the year of the next general election” for “of the year that an election on the initiative will be held” at the end of the first sentence.

The 2020 amendment, by ch. 317, inserted “both the fiscal impact statement and” near the middle of the first sentence in subsection (1).

Compiler’s Notes.

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

34-1803. Referendum petitions — Time for filing — When election held — Effective date of law.

Referendum petitions with the requisite number of signatures attached shall be filed with the secretary of state not more than sixty (60) days after the final adjournment of the session of the state legislature which passed on the bill on which the referendum is demanded. All elections on measures referred to the people of the state shall be had at the biennial regular election. Any measure so referred to the people shall take effect and become a law when it is approved by a majority of the votes cast thereon, and not otherwise.

History.

1933, ch. 210, § 3, p. 431.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

JUDICIAL DECISIONS

Analysis

Bill Containing Emergency Clause.

The legislature of this state is authorized by Idaho Const., Art. III, § 22, to declare an emergency and thereby render an act effective immediately upon its passage; the people of this state are statutorily authorized by this section to approve or reject that legislation at the next biennial election. Hence, H.B. 2 (S.L. 1985, ch. 2;§§ 44-2001 to 44-2011), designated as an emergency bill by the legislature, was effective immediately and would continue to be effective until the next biennial election, and, thereafter, only if approved by the voters. Idaho State AFL-CIO v. Leroy, 110 Idaho 691, 718 P.2d 1129 (1986).

Constitutional Authority.

The right to veto by referendum any act of the legislature under the provisions of Idaho Const., Art. III, § 1 is limited by the filing requirements of this section. Idaho Water Resource Bd. v. Kramer, 97 Idaho 535, 548 P.2d 35 (1976).

RESEARCH REFERENCES

Idaho Law Review.

Idaho Law Review. — Legislative Power at Odds: The Effect of a Referendum Petition in Idaho, Comment. 48 Idaho L. Rev. 553 (2012).

34-1803A. [Reserved.]

The signer of any initiative or referendum petition may remove his or her own name from the petition by crossing out, obliterating or otherwise defacing his or her own signature at any time prior to the time when the petition is presented to the county clerk for signature verification.
The signer of any initiative or referendum petition may have his or her name removed from the petition at any time after presentation of the petition to the county clerk but prior to verification of the signature, by presenting in writing or submitting electronically to the county clerk a signed statement that the signer desires to have his name removed from the petition. The statement shall contain sufficient information to clearly identify the signer. The county clerk shall immediately strike the signer’s name from the petition, and adjust the total of certified signatures on the petition accordingly. The statement shall be attached to, and become a part of the initiative or referendum petition.
Each signature page of an initiative or referendum petition shall state that any person signing a petition may remove his signature pursuant to this section.

History.

I.C.,§ 34-1803B, as added by 1997, ch. 266, § 4, p. 756; am. 2020, ch. 336, § 2, p. 977.

STATUTORY NOTES

Amendments.

The 2020 amendment, by ch. 336, substituted “presenting in writing or submitting electronically” for “presenting or submitting” near the middle of the first sentence in subsection (1) and added subsection (3).

Compiler’s Notes.

34-1804. Initial filing of ballot measure — Printing of petition and signature sheets — Proposed funding and fiscal information.

Before or at the time of beginning to circulate any petition for the referendum to the people on any act passed by the state legislature of the state of Idaho, or for any law proposed by the initiative, the person or persons or organization or organizations under whose authority the measure is to be referred or initiated shall send or deliver to the secretary of state a copy of such petition duly signed by at least twenty (20) qualified electors of the state, which shall be filed by said officer in his office, and who shall immediately transmit a copy of the petition to the attorney general for the issuance of the certificate of review as provided in section 34-1809, Idaho Code.
In the case of an initiative petition, the person or persons or organization or organizations under whose authority the measure is to be initiated shall propose a funding source for the cost of implementing the measure. The proposed funding source information shall accompany a copy of the initiative when the petition is initially filed with the secretary of state under subsection (1) of this section, and whenever the petition is circulated for signatures, but the proposed funding source information shall not formally be part of the initiative and shall have no binding effect. Upon receipt of the petition and the proposed funding source information, the secretary of state shall immediately transmit a copy of the petition and proposed funding source information to the division of financial management so that it may issue a statement of fiscal impact as provided in section 34-1812, Idaho Code. The provisions of this subsection shall not apply to a city or county ballot initiative.
All petitions for the initiative and for the referendum and sheets for signatures shall be printed on a good quality of bond or ledger paper in the form and manner as approved by the secretary of state. To every sheet of petitioners’ signatures shall be attached a full and correct copy of the measure so proposed by initiative petition and a copy of the fiscal impact statement summary for the initiative, if applicable; but such petition may be filed by the secretary of state in numbered sections for convenience in handling. Every sheet of petitioners’ signatures upon referendum petitions shall be attached to a full and correct copy of the measure on which the referendum is demanded and may be filed in numbered sections in like manner as initiative petitions. Not more than twenty (20) signatures on one (1) sheet shall be counted. Each signature sheet shall contain signatures of qualified electors from only one (1) county.

History.

1933, ch. 210, § 4, p. 431; am. 1988, ch. 48, § 2, p. 66; am. 2013, ch. 214, § 2, p. 503; am. 2013, ch. 336, § 2, p. 873; am. 2020, ch. 317, § 2, p. 902.

STATUTORY NOTES

Cross References.

Attorney general,§ 67-1401 et seq.

Secretary of state,§ 67-901 et seq.

Amendments.

This section was amended by two 2013 acts which appear to be compatible and have been compiled together.

The 2013 amendment, by ch. 214, added “and legislative district” at the end of the last sentence.

The 2013 amendment, by ch. 336, deleted “and legislative district” at the end of the last sentence.

The 2020 amendment, by ch. 317, rewrote the section heading, which formerly read: “Printing of petition and signature sheets”; added the subsection designators to the existing text; added present subsection (2); and inserted “and a copy of the fiscal impact statement summary for the initiative, if applicable” in the second sentence in subsection (3).

Compiler’s Notes.

Section 5 of S.L. 2020, ch. 317 provided: “Severability. The provisions of this act are hereby declared to be severable, and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”

Effective Dates.

34-1805. Sponsors to print petition — Number of signers required.

After the form of the initiative or referendum petition has been approved by the secretary of state as in sections 34-1801A through 34-1822, Idaho Code, provided, the same shall be printed by the person or persons or organization or organizations under whose authority the measure is to be referred or initiated and circulated in the several counties of the state for the signatures of legal voters. Before such petitions shall be entitled to final filing and consideration by the secretary of state there shall be affixed thereto the signatures of legal voters equal in number to not less than six percent (6%) of the qualified electors at the time of the last general election in each of at least eighteen (18) legislative districts; provided however, the total number of signatures shall be equal to or greater than six percent (6%) of the qualified electors of the state at the time of the last general election.

History.

1933, ch. 210, § 5, p. 431; am. 1997, ch. 266, § 5, p. 756; am. 2007, ch. 202, § 7, p. 620; am. 2013, ch. 214, § 3, p. 503.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2007 amendment, by ch. 202, deleted the former last sentence, which read: “Provided, that the petition must contain a number of signatures of qualified electors from each of twenty-two (22) counties equal to not less than six percent (6%) of the qualified electors at the time of the last general election in each of those twenty-two (22) counties.”

The 2013 amendment, by ch. 214, inserted “at the time of the last general election in each of at least eighteen (18) legislative districts; provided however, the total number of signatures shall be equal to or greater than six percent (6%) of the qualified electors” in the last sentence.

JUDICIAL DECISIONS

Analysis

Constitutionality.

Because it violated the Equal Protection Clause by giving rural voters preferential treatment, the following language of§ 34-1805 was struck: “Provided, that the petition must contain a number of signatures of qualified electors from each of twenty-two (22) counties equal to not less than six percent (6%) of the qualified electors at the time of the last general election in each of those twenty-two (22) counties.” Idaho Coalition United for Bears v. Cenarrusa, 234 F. Supp. 2d 1159 (D. Idaho 2001) (see 2007 amendment).

Former§ 34-1805 violated the Equal Protection Clause because the few voters in a sparsely populated county had a power equal to the vastly larger number of voters who resided in a populous county, and an electoral system could not be based on treating unequal counties equally and making the electoral determination dependent on the support of numbers of counties rather than numbers of people, but to the extent that Idaho wished to create a check on the will of the majority by a nondiscriminatory means, the Equal Protection Clause was no bar; thus, the court affirmed the trial court’s grant of summary judgment in favor of advocacy groups that challenged the statute. Idaho Coalition United for Bears v. Cenarrusa, 342 F.3d 1073 (9th Cir. 2003) (see 2007 amendment).

“Legal Voters” Construed.

“Legal voters” [now qualified electors] within the meaning of this section must, in addition to the eligibility requirements, be registered to vote at the time they sign the initiative petition. Dredge Mining Control — Yes!, Inc. v. Cenarrusa, 92 Idaho 480, 445 P.2d 655 (1968).

RESEARCH REFERENCES

Idaho Law Review.

Idaho Law Review. — Legislative Power at Odds: The Effect of a Referendum Petition in Idaho, Comment. 48 Idaho L. Rev. 553 (2012).

Idaho’s Messy History with Term Limits: A Modest Response, Bart M. Davis. 52 Idaho L. Rev. 463 (2016).

34-1806. Binding of petition and signature sheets — Approved measures to be printed with session laws.

When any such initiative or referendum petition shall be offered for filing the secretary of state shall detach the sheets containing the signatures and affidavits and cause them all to be attached to one or more printed copies of the measure so proposed by initiative or referendum petitions. The secretary of state shall file and keep such petitions as official public records. The secretary of state shall cause every such measure so approved by the people to be printed with the general laws enacted by the next ensuing session of the state legislature with the date of the governor’s proclamation declaring the same to have been approved by the people.

History.

1933, ch. 210, § 6, p. 431; am. 1988, ch. 48, § 3, p. 66.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

34-1807. Circulation of petitions — Verification of petition and signature sheets — Comparison of signatures with registration oaths and records — Certain petitions and signatures void.

Any person who circulates any petition for an initiative or referendum shall be a resident of the state of Idaho and at least eighteen (18) years of age. Each and every sheet of every such petition containing signatures shall be verified on the face thereof in substantially the following form, by the person who circulated said sheet of said petition, by his or her affidavit thereon, and as a part thereof:

I,...., being first duly sworn, say: That I am a resident of the State of Idaho and at least eighteen (18) years of age: that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence: I believe that each has stated his or her name, address and residence correctly, that each signer is a qualified elector of the State of Idaho, and a resident of the county of ....

In addition to said affidavit the county clerk shall carefully examine said petitions and shall attach to the signature sheets a certificate to the secretary of state substantially as follows:

To the honorable ...., Secretary of State for the State of Idaho: I, ...., County Clerk of .... County, hereby certify that .... signatures on this petition are those of qualified electors in legislative district number ....

The county clerk shall deliver the petition or any part thereof to the person from whom he received it with his certificate attached thereto as above provided. The forms herein given are not mandatory and if substantially followed in any petition, it shall be sufficient, disregarding clerical and merely technical error. Any petition upon which signatures are obtained by a person not a resident of the state of Idaho and at least eighteen (18) years of age, shall be void. The definition of resident in section 34-107, Idaho Code, shall apply to the circulators of initiative and referendum petitions. In addition to being a resident, a petition circulator shall be at least eighteen (18) years of age.

History.

1933, ch. 210, § 7, p. 431; am. 1988, ch. 48, § 4, p. 66; am. 1997, ch. 266, § 6, p. 756; am. 1999, ch. 47, § 1, p. 109; am. 2013, ch. 214, § 4, p. 503; am. 2013, ch. 336, § 3, p. 873.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Amendments.

This section was amended by two 2013 acts which appear to be compatible and have been compiled together.

The 2013 amendment, by ch. 214, in the affidavit form found in the first paragraph, substituted “legislative district” for “post office address” and inserted “legislative district number .... in”; and, in the affidavit form found in the second paragraph, inserted “in legislative district number .....”

The 2013 amendment, by ch. 336, in the first affidavit form, substituted “address” for “legislative district” and deleted “legislative district number . . . . in” following “and a resident of.”

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

Effective Dates.

Section 3 of S.L. 1999, ch. 47 declared an emergency. Approved March 8, 1999.

JUDICIAL DECISIONS

Analysis

Constitutionality.

Because the residency requirement of§ 34-1807 was reasonably related to the state’s interest in preventing fraud and ensuring that any circulator who commits fraud would be subject to the state’s subpoena power, it was upheld as constitutional. Idaho Coalition United for Bears v. Cenarrusa, 234 F. Supp. 2d 1159 (D. Idaho 2001).

Legal Voter.

“Legal voter” [now “qualified elector”] within the meaning of this section is one who, in addition to all other eligibility requirements, is registered to vote at the time of signing the initiative petition. Dredge Mining Control — Yes!, Inc. v. Cenarrusa, 92 Idaho 480, 445 P.2d 655 (1968).

34-1808. Filing of petition — Mandate — Injunction.

If the secretary of state shall refuse to accept and file any petition for the initiative or for the referendum with the requisite number of signatures of qualified electors thereto attached, any citizen may apply, within ten (10) days after such refusal to the district court for a writ of mandamus to compel him to do so. If it shall be decided by the court that such petition is legally sufficient, the secretary of state shall then file it, with a certified copy of the judgment attached thereto, as of the date on which it was originally offered for filing in his office. On a showing that any petition filed is not legally sufficient, the court may enjoin the secretary of state and all other officers from certifying or printing on the official ballot for the ensuing election the ballot title and numbers of such measure. All such suits shall be advanced on the court docket and heard and decided by the court as quickly as possible. Either party may appeal to the Supreme Court within ten (10) days after a decision is rendered. The district court of the fourth judicial district of the state of Idaho in and for Ada County shall have jurisdiction in all cases of measures to be submitted to the qualified electors of the state at large.

History.

1933, ch. 210, § 8, p. 431; am. 1988, ch. 48, § 5, p. 66.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Injunction, Idaho R. Civ. P. 65.

Writs of mandate,§ 7-301 et seq.

34-1809. Review of initiative and referendum measures by attorney general — Certificate of review prerequisite to assignment of ballot title — Ballot title — Judicial review.

After receiving a copy of the petition from the secretary of state as provided in section 34-1804, Idaho Code:
1. The attorney general may confer with the petitioner and shall, within twenty (20) working days from receipt thereof, review the proposal for matters of substantive import and shall recommend to the petitioner such revision or alteration of the measure as may be deemed necessary and appropriate.
2. The recommendations of the attorney general shall be advisory only and the petitioner may accept or reject them in whole or in part.
3. The attorney general shall issue a certificate of review to the secretary of state certifying that he has reviewed the measure for form and style and that the recommendations thereon, if any, have been communicated to the petitioner, and such certificate shall be issued whether or not the petitioner accepts such recommendations. The certificate of review shall be available for public inspection in the office of the secretary of state.
Within fifteen (15) working days after the issuance of the certificate of review, the petitioner, if he desires to proceed with his sponsorship, shall file the measure, as herein provided, with the secretary of state for assignment of a ballot title, and the secretary of state shall thereupon submit to the attorney general two (2) copies of the measure filed.
1. Within ten (10) working days after receiving copies of the petition, the attorney general shall provide ballot titles as provided for in this subsection and return one (1) copy of the petition to the secretary of state, with its ballot title.
2. A copy of the ballot title as prepared by the attorney general shall be furnished by the secretary of state with the approved form of any initiative or referendum petition, as provided herein, to the person or persons or organization or organizations under whose authority the measure is initiated or referred.
3. The ballot titles shall be used and printed on the covers of the petition when in circulation; the short title shall be printed in type not less than twenty (20) points on the covers of all such petitions circulated for signatures.
4. The ballot title shall contain:
  1. Distinctive short title not exceeding twenty (20) words by which the measure is commonly referred to or spoken of and which shall be printed in the foot margin of each signature sheet of the petition.
  2. A general title expressing in not more than two hundred (200) words the purpose of the measure.
  3. The ballot title shall be printed with the numbers of the measure on the official ballot.
5. In making the ballot title, the attorney general shall, to the best of his ability, give a true and impartial statement of the purpose of the measure and in such language that the ballot title shall not be intentionally an argument or likely to create prejudice either for or against the measure.
Any person dissatisfied with the ballot title or the short title provided by the attorney general for any measure may appeal to the supreme court by petition, praying for a different title and setting forth the reason why the title prepared by the attorney general is insufficient or unfair. (a) No appeal shall be allowed from the decision of the attorney general on a ballot title unless made within twenty (20) days after the ballot title is filed in the office of the secretary of state; provided however, that this section shall not prevent any later judicial proceeding to determine the sufficiency of such title, nor shall it prevent any judicial decision upon the sufficiency of such title.
Any qualified elector of the state of Idaho may, at any time after the attorney general has issued a certificate of review, bring an action in the supreme court to determine the constitutionality of any initiative.

(b) A copy of every such ballot title shall be served by the secretary of state upon the person offering or filing such initiative or referendum petition, or appeal. The service of the ballot title may be by mail or electronic transmission and shall be made forthwith when it is received from the attorney general by the secretary of state.

(c) The supreme court shall thereupon examine said measure, hear argument, and in its decision thereon certify to the secretary of state a ballot title and a short title for the measure in accord with the intent of this section. The secretary of state shall print on the official ballot the title thus certified to him.

History.

1933, ch. 210, § 9, p. 431; am. 1979, ch. 106, § 1, p. 340; am. 1988, ch. 48, § 6, p. 66; am. 1994, ch. 400, § 1, p. 1263; am. 1997, ch. 266, § 7, p. 756; am. 2003, ch. 147, § 1, p. 423; am. 2019, ch. 96, § 16, p. 344.

STATUTORY NOTES

Cross References.

Attorney general,§ 67-1401 et seq.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2019 amendment, by ch. 96, substituted “provided for in this subsection” for “provided for below” near the end of paragraph (2)(a); and, in subsection (3), substituted “measure may appeal” for “measure, may appeal from his decision” near the middle of the introductory paragraph and substituted “mail or electronic transmission” for “mail, telegraph or facsimile” near the middle of the last sentence in paragraph (b).

Effective Dates.

Section 17 of S.L. 2019, ch. 96 declared an emergency. Approved March 18, 2019.

JUDICIAL DECISIONS

Analysis

Constitutionality. Justiciability.

Constitutionality.

Subsection (4) is unconstitutional, as it constitutes an attempt by the legislature to broaden the supreme court’s jurisdiction in contravention of the separation of powers doctrine in Idaho Const., Art. II, § 1. Regan v. Denney, 437 P.3d 15 (2019).

Justiciability.

This section cannot compel the Idaho supreme court to decide a case that lacks a justiciable controversy. Noh v. Cenarrusa, 137 Idaho 798, 53 P.3d 1217 (2002).

The supreme court would take cognizance of the fact that at general election on November 4, initiative measure in question respecting right to work regardless of membership or nonmembership in labor organization had been duly voted on by the electorate and defeated, thus rendering moot questions involved in appeal of cause seeking to enjoin the placing of such initiative measure on the ballot on the ground of noncompliance with statutory requirements as to signing and certification of petition. Dorman v. Young, 80 Idaho 435, 332 P.2d 480 (1958).

Title.

— Defective.

Where petition was filed for an initiated measure concerning the right to work whether or not a person was a member of a labor union, a short title furnished by attorney-general entitled “The Right to Work Initiative Proposed” was defective, since title did not refer to membership in a labor union. In re Idaho State Fed’n of Labor, 75 Idaho 367, 272 P.2d 707 (1954).

Where attorney general’s short title failed to capture the distinctive characteristics of the proposed initiative in that it inaccurately informed voters that the purpose of the initiative was to create a law prohibiting post-viability abortions, with exceptions, but, in fact, did not create a new law but rather deleted an exception to the existing ban on post-viability abortions, added a new exception to the ban, created new civil causes of action, new criminal liabilities and repealed existing criminal penalties against pregnant women who violated the chapter, the short title was not the product of an analysis of the initiative that distinguished the initiative from existing abortion laws and, as such, it required redrafting. Buchin v. Lance, 128 Idaho 266, 912 P.2d 634 (1995).

— Long.

Attorney general’s long title, which failed to provide voters with an accurate description of the purposes of initiative which proposed to repeal existing law imposing criminal penalties against pregnant women who violate the chapter and to create a new civil cause of action in which any person who violated the chapter could potentially be sued for “appropriate relief,” and proposed to provide civil relief against medical abortion providers despite the fact that any party consented to injuries caused by the abortion, was insufficient, and, as such, required redrafting. Buchin v. Lance, 128 Idaho 266, 912 P.2d 634 (1995). — Long.

Attorney general’s long title of proposed initiative which would establish various state policies towards homosexuality, which expressed the purpose of the initative by stating that it was an initiative relating to homosexuality and the state’s authority to afford homosexuals minority status and then went through each section of the measure, summarizing the specific purpose of each section, expressed the purpose of the initative without being argumentative or prejudicial. ACLU, Idaho Chapter v. Echohawk, 124 Idaho 147, 857 P.2d 626 (1993).

— Mandamus to Compel.

Mandamus will lie to compel the attorney-general to provide a ballot title for a referendum petition. The duty of the attorney-general in this regard is ministerial. Girard v. Miller, 55 Idaho 430, 43 P.2d 510 (1935).

— Preparation.

Supreme court cannot prepare a title itself but can only determine that a particular title chosen is defective. In re Idaho State Fed’n of Labor, 75 Idaho 367, 272 P.2d 707 (1954).

Legislature was authorized to delegate to attorney-general the task of selecting short title for initiated measures. In re Idaho State Fed’n of Labor, 75 Idaho 367, 272 P.2d 707 (1954).

Attorney-general in determining short title is performing a quasi judicial function. In re Idaho State Fed’n of Labor, 75 Idaho 367, 272 P.2d 707 (1954).

— Short.

Short title must set forth the distinguishing characteristics of the proposed measure so that the prospective signer will know what he is approving. In re Idaho State Fed’n of Labor, 75 Idaho 367, 272 P.2d 707 (1954).

Attorney general’s short title, “An act establishing state policies regarding homosexuality” captured the distinctive characteristic of the proposed initiative using language by which it was commonly referred to as required by this section and was not argumentative or prejudicial, but instead was a true and impartial statement of the initative. ACLU, Idaho Chapter v. Echohawk, 124 Idaho 147, 857 P.2d 626 (1993).

The purpose of the short title requirements of this section is to acquaint prospective signers with the distinctive characteristics of the proposed measure. ACLU, Idaho Chapter v. Echohawk, 124 Idaho 147, 857 P.2d 626 (1993).

— Validity.

Petition to determine validity of title selected by attorney-general is in the nature of a proceeding for a writ of certiorari or review. In re Idaho State Fed’n of Labor, 75 Idaho 367, 272 P.2d 707 (1954).

Supreme court in taking jurisdiction to determine validity of short title must do so with the intent of securing substantial justice. In re Idaho State Fed’n of Labor, 75 Idaho 367, 272 P.2d 707 (1954).

Where attorney general’s short and long titles did not meet the demands of this section and of existing case law, any signatures collected by the circulation of a petition with the invalid titles were not valid. Buchin v. Lance, 128 Idaho 266, 912 P.2d 634 (1995).

34-1810. Printing and designation of ballot titles on official ballots.

The secretary of state, at the time he furnishes to the county clerks of the several counties certified copies of the names of candidates for state and district offices shall furnish to each of said county clerks a certified copy of the ballot titles and numbers of the several measures to be voted upon at the ensuing general election, and he shall use for each measure the ballot title designated in the manner herein provided.
1. Such ballot title shall not resemble, so far as to probably create confusion, any such title previously filed for any measure to be submitted at that election.
2. The ballot shall include a clear and concise statement as to the effect of a “yes” or “no” vote, prepared jointly by the attorney general and secretary of state.
The secretary of state shall number the measures consecutively beginning with number (1), in the order in which the measures were finally filed with the secretary. The measures shall be designated on the ballot as a “Proposition One,” “Proposition Two,” et cetera.

History.

1933, ch. 210, § 10, p. 431; am. 1988, ch. 48, § 7, p. 66; am. 2003, ch. 147, § 2, p. 423.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Effective Dates.

Section 8 of S.L. 1988, ch. 48 declared an emergency. Approved March 18, 1988.

34-1811. Manner of voting — Procedure when conflicting measures approved.

The manner of voting upon measures submitted to the people shall be the same as is now or may be required and provided by law; no measure shall be adopted unless it shall receive an affirmative majority of the aggregate number of votes cast on such measure. If two (2) or more conflicting laws shall be approved by the people at the same election, the law receiving the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict, even though such law may not have received the greatest majority of affirmative votes. If two (2) or more conflicting amendments to the constitution shall be approved by the people at the same election, the amendment which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict, even though such amendment may not have received the greatest majority of affirmative votes.

History.

1933, ch. 210, § 11, p. 431.

STATUTORY NOTES

Cross References.

Canvassing of returns,§ 34-1813.

34-1812. Fiscal impact statements.

After receiving a copy of an initiative petition from the secretary of state as provided in section 34-1804, Idaho Code, the division of financial management, in consultation with any other appropriate state or local agency, shall prepare an unbiased, good faith statement of the fiscal impact of the law proposed by the initiative. The division of financial management shall complete the fiscal impact statement and file it with the secretary of state’s office within twenty (20) working days of having received the initiative petition from the secretary of state’s office. The secretary of state shall immediately transmit a copy of the fiscal impact statement to the person or persons who filed the initiative petition pursuant to section 34-1804, Idaho Code.
A fiscal impact statement shall describe any projected increase or decrease in revenues, costs, expenditures, or indebtedness that the state or local governments will experience if the ballot measure is approved by the voters. The fiscal impact statement shall include both immediate expected fiscal impacts and an estimate of any state or local government long-term financial implications. A fiscal impact statement must be written in clear and concise language and shall avoid legal and technical terms whenever possible. Where appropriate, a fiscal impact statement may include both estimated dollar amounts and a description placing the estimated dollar amounts into context.
A fiscal impact statement must include both a summary of the fiscal impact statement, not to exceed one hundred (100) words, and a more detailed statement of fiscal impact that includes the assumptions that were made to develop the fiscal impact. When collecting signatures, a signature gatherer shall offer a copy of the fiscal impact statement summary, along with a copy of the initiative and the sponsor’s proposed funding source information, to the elector for review before signing. The fiscal impact statement summary and the sponsor’s proposed funding source information shall also be published in the state voters’ pamphlet and on the official ballot. The fiscal impact statement summary, the detailed fiscal impact statement, and the sponsor’s proposed funding source information shall be made available to the public on the secretary of state’s website no later than August 1.
The provisions of this section shall not apply to a city or county ballot initiative.

History.

I.C.,§ 34-1812, as added by 2020, ch. 317, § 3, p. 902.

STATUTORY NOTES

Prior Laws.

Compiler’s Notes.

34-1812A. Arguments concerning initiative and referendum measures.

Any voter or group of voters may on or before July 20 prepare and file an argument, not to exceed five hundred (500) words, for or against any measure. Such argument shall not be accepted unless accompanied by the name and address or names and addresses of the person or persons submitting it, or, if submitted on behalf of an organization, the name and address of the organization and the names and addresses of at least two (2) of its principal officers.

If more than one (1) argument for or more than one (1) argument against any measure is filed within the time prescribed, the secretary of state shall select one (1) of the arguments for printing in the voters’ pamphlets. In selecting the argument the secretary of state shall be required to give priority in the order named to the arguments of the following:

The proponent of the initiative or referendum petition.
Bona fide associations of citizens.
Individual voters.

Compiler’s Notes.

34-1813. Counting, canvassing and return of votes — Effective dates.

The votes on measures and questions shall be counted, canvassed, and returned by the regular boards of judges, clerks, and officers, as votes for candidates are counted, canvassed, and returned, and the abstract made by the several county auditors of votes on measures shall be returned to the secretary of state on separate abstract sheets in the manner provided for abstract of votes for state and county officers. It shall be the duty of the secretary of state, in the presence of the governor, to proceed within thirty (30) days after the election, and sooner if the returns be all received, to canvass the votes given for each measure, and the governor shall forthwith issue his proclamation, giving the whole number of votes cast in the state for and against such measure and question and declaring such measures as are approved by a majority of those voted thereon to be in full force and effect as the law of the state of Idaho from the date of said proclamation for any referendum measure. The effective date for an initiative measure shall be governed by the provisions of subsection (2) of this section. If two (2) or more measures shall be approved at said election which are known to conflict with each other or to contain conflicting provisions, he shall also proclaim which is paramount in accordance with the provisions of sections 34-1801 through 34-1822, Idaho Code.
1. A statewide initiative may contain an effective date, if passed, that shall be no earlier than July 1 of the year following the vote on the ballot initiative. If no effective date is specified in the petition, the effective date of a statewide initiative that has been approved by the electorate shall be July 1 of the following year. (2)(a) A statewide initiative may contain an effective date, if passed, that shall be no earlier than July 1 of the year following the vote on the ballot initiative. If no effective date is specified in the petition, the effective date of a statewide initiative that has been approved by the electorate shall be July 1 of the following year.
2. A city or county initiative may contain an effective date, if passed, that may be earlier than July 1 of the year following the vote on the ballot initiative, but no earlier than the mayor’s proclamation as provided in section 34-1801B, Idaho Code, or the proclamation by the board of county commissioners, as provided in section 34-1801C, Idaho Code. If no effective date is specified in the petition, the effective date of a city or county initiative that has been approved by the electorate shall be July 1 of the following year.

History.

1933, ch. 210, § 13, p. 431; am. 2020, ch. 336, § 3, p. 977.

STATUTORY NOTES

Cross References.

Canvass of votes at general elections,§ 34-1201 et seq.

Procedure when conflicting measures approved,§ 34-1811. Secretary of state,§ 67-901 et seq.

Amendments.

The 2020 amendment, by ch. 336, added “Effective dates” to the end of the section heading; designated the existing text as subsection (1); in subsection (1), substituted “proclamation for any referendum measure” for “proclamation” at the end of the second sentence and added the present next-to-last sentence; and added subsection (2).

Compiler’s Notes.

JUDICIAL DECISIONS

Cited in:

in: Dorman v. Young, 80 Idaho 435, 332 P.2d 480 (1958).

34-1814. Who may sign petition — Effect of wrongful signing — Penalty for wrongful signing.

Every person who is a qualified elector of the state of Idaho may sign a petition for the referendum or for the initiative for any measure which he is legally entitled to vote upon. Any person signing any name other than his own to any petition, or knowingly signing his name more than once for the same measure at one election, or who is not at the time of signing the same a legal voter of this state, or any officer or person wilfully violating any provision of this statute, shall, upon conviction thereof be punished by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in the penitentiary not exceeding two (2) years, or by both such fine and imprisonment, in the discretion of the court before which such conviction shall be had. Any such wrongful signatures are null and void and shall not be counted as a qualified signature. Any person circulating a petition, who knows, or who in the exercise of reasonable care should know, that a signature is forged and who shall thereafter fail to strike through and thereby void such signature, and any person in a position of supervision of such person who suffers or permits a forged signature to remain on a petition shall pay a fine of not less than one thousand dollars ($1,000) for each such signature.

History.

1933, ch. 210, § 14, p. 431; am. 1997, ch. 266, § 8, p. 756.

JUDICIAL DECISIONS

Qualified Elector.

A “qualified elector” within the meaning of this section is one who, in addition to all other eligibility requirements, is registered to vote at the time of signing the initiative petition. Dredge Mining Control — Yes!, Inc. v. Cenarrusa, 92 Idaho 480, 445 P.2d 655 (1968).

34-1814A. Petition circulators receiving compensation and volunteers. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised I.C.,§ 34-1814A, as added by 1997, ch. 266, § 9, p. 756, was repealed by S.L. 1999, ch. 47, § 2, effective March 8, 1999.

34-1815. False statements spoken or written concerning petition unlawful — Failure to disclose material provisions.

It shall be unlawful for any person to wilfully or knowingly circulate, publish or exhibit any false statement or representation, whether spoken or written, or to fail to disclose any material provision in a petition, concerning the contents, purport or effect of any petition mentioned in sections 34-1801A through 34-1822, Idaho Code, for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such petition. It shall be unlawful for any person to solicit or obtain any signature on a petition without first showing the signer both the short title and the general title as defined in section 34-1809, Idaho Code, so that the signer has an opportunity to read them before signing the petition.

Any signature obtained without compliance with this section is null and void.

History.

1933, ch. 210, § 15, p. 431; am. 1997, ch. 266, § 10, p. 756.

STATUTORY NOTES

Cross References.

Penal provision,§ 34-1822.

Penal provision,§ 34-1822.

Compiler’s Notes.

The bracketed insertions throughout this section were added by the compiler to conform to the statutory citation style.

JUDICIAL DECISIONS

Constitutionality.

Because there was no evidence that paying petition circulators on a per-signature basis invited cheating, clause (a) of this section was declared unconstitutional as violative of the First Amendment. Clauses (b) and (c) were not challenged. Idaho Coalition United for Bears v. Cenarrusa, 234 F. Supp. 2d 1159 (D. Idaho 2001).

Compiler’s Notes.

This section, which comprised 1917, ch. 121, § 4, p. 409; reen. C.L. 6:4; C.S., § 69; I.C.A.,§ 33-1604, was repealed by S.L. 1996, ch. 28, § 28, effective February 15, 1996.

CHAPTER 20 ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES

Section.

34-2001. Grounds of contest.

The election of any person to any public office, the location or relocation of a county seat, or any proposition submitted to a vote of the people may be contested:

For malconduct, fraud, or corruption on the part of the judges of election in any precinct, township or ward, or of any board of canvassers, or any member of either board sufficient to change the result.
When the incumbent was not eligible to the office at the time of the election.
When the incumbent has been convicted of felony, unless at the time of the election he shall have been restored to civil rights.
When the incumbent has given or offered to any elector, or any judge, clerk or canvasser of the election, any bribe or reward in money or property for the purpose of procuring his election, or has committed any violation as set out in chapter 23, title 18, Idaho Code.
When illegal votes have been received or legal votes rejected at the polls sufficient to change the result.
For any error in any board of canvassers in counting votes or in declaring the result of the election, if the error would change the result.
When the incumbent is in default as a collector and custodian of public money or property.
For any cause which shows that another person was legally elected.

History.

1890-1891, p. 57, § 132; reen. 1899, p. 33, § 119; reen. R.C. & C.L., § 5026; C.S., § 7274; I.C.A.,§ 33-1701; am. 1982, ch. 209, § 1, p. 571.

STATUTORY NOTES

Cross References.

Jurisdiction and proceedings in contest of state, executive, and legislative offices,§ 34-2101 et seq.

Recall elections,§ 34-1701 et seq.

School elections,§ 33-401 et seq.

Usurpation of office, action for,§ 6-601 et seq.

JUDICIAL DECISIONS

Analysis

Evidence. Irrigation district officers.

Bond Elections.

The remedy provided by this section and§§ 34-2005 and 34-2008, providing a statutory procedure for the contest of a special bond election, is exclusive as to matters that might be contested. Harrison v. Board of County Comm’rs, 68 Idaho 463, 198 P.2d 1013 (1948).

Burden of Proof.

Burden of proof is on contestant to show for whom alleged illegal votes were cast. Jaycox v. Varnum, 39 Idaho 78, 226 P. 285 (1924).

In order to overcome the prima facie effect of an election return, it is incumbent on the challenger to prove not only illegal votes, but also for whom they were cast. Both these elements of proof are required to show that the illegal votes affected the result, and that, but for them, appellant would have been elected. Brannon v. City of Coeur d’Alene, 153 Idaho 843, 292 P.3d 234 (2012).

Eligibility of Candidate.

Ineligibility of a candidate for office at the time of election because of holding another office, the term of which will expire before the beginning of the term of the office for which he is a candidate, is not ground for contest of such candidate’s election under subsection 2 of this section. Jordan v. Pearce, 91 Idaho 687, 429 P.2d 419 (1967).

Eligibility of Voters.

In special bond election held on June 8, 1950, for construction of hospital, restriction of voting to persons, whose names appeared on 1949 tax rolls was proper, since 1950 tax rolls had not been completed at the time of the election. Henley v. Elmore County, 72 Idaho 374, 242 P.2d 855 (1952).

Evidence.

It was reversible error not to admit in evidence ballots, ballot boxes, ballot box keys and election returns offered in evidence by appellant where there was nothing to indicate such evidence was not substantially in the same condition as at the time of the election, such evidence having been rejected by the trial court on the ground that it was not admissible in a quo warranto proceeding to try title to an office, only being admissible in an election contest. Tiegs v. Patterson, 81 Idaho 46, 336 P.2d 687 (1959).

Irrigation District Officers.

Directors of irrigation district are public officers whose election may be contested under this section. Hertle v. Ball, 9 Idaho 193, 72 P. 953 (1903). Water master of irrigation district is public officer whose right to office may be called in question by this section. Whitten v. Chapman, 45 Idaho 653, 264 P. 871 (1928).

Where appellant alleged in his complaint that he had received a majority of the votes cast in an election to choose a director from division of irrigation district, both appellee and appellant having been nominated for such office and their names appearing on the ballot, and he brought the action under the usurpation statute and has not in anywise contested the election, the filing of such action later than the twenty-day period provided for contesting an election would not be controlling as such limitation period was provided in the election contest statute, even though the secretary of the district had issued a certificate of election. Tiegs v. Patterson, 79 Idaho 365, 318 P.2d 588 (1957).

Judicial Candidates.

A statute providing for nonpartisan nomination of district judges, under which the primary constituted a general election without any subsequent election for such offices unless no candidate or sufficient candidates to fill the offices to be filled received the majority of all votes cast, was not open to the objection that the election could not be considered an election as distinguished from a nomination because the statute made no provision for contesting a primary election, since election did not constitute an “election” as to any candidate who received a majority and the highest number of votes cast, and as to such candidate the contest statute was applicable. Fisher v. Masters, 59 Idaho 366, 83 P.2d 212 (1938).

Jurisdiction.

District court had jurisdiction of proceedings by taxpayer to contest result of election to determine whether county commissioners should issue bonds to build a hospital based on contention that nontaxpayers were permitted to vote, regardless of whether suit was in equity or in law. Henley v. Elmore County, 72 Idaho 374, 242 P.2d 855 (1952).

Laches by Contestant.

Where there was ample time and opportunity between the primary and the general election to have had any of the alleged disqualifications of the candidate for the office of prosecuting attorney heard or passed on, but contestant neglected to take any action whatever until after the election, contestant could not be heard to urge such objections, which, if permitted, would disfranchise thousands of legal voters. McNamara v. Wayne, 67 Idaho 410, 182 P.2d 960 (1947).

Malconduct.

This section does not define what constitutes malconduct of the officers of election, but it must be held that any proceedings which result in unfair elections, that deprive the qualified elector of the opportunity of peaceably casting his ballot and having it counted as cast, or that permit illegal votes to be cast and counted are within the statutory provisions. Brannon v. City of Coeur d’Alene, 153 Idaho 843, 292 P.3d 234 (2012).

Nature of Proceedings.

Where there is no evidence on the record that would clearly establish that disputed votes in a municipal election were cast and counted illegally, and there is no evidence that any of the alleged irregularities on election day would have changed the outcome of the election, or that the final result was contrary to the actual will of the electorate, the election challenger failed to meet his burden, the district court did not err when it dismissed the challenger’s claim of malconduct. Brannon v. City of Coeur d’Alene, 153 Idaho 843, 292 P.3d 234 (2012). Nature of Proceedings.

An election contest is of purely statutory origin, and is within the direction, control, and management of the political power of the state, and manner of conducting such contest and of determining questions arising thereunder is within the authority and control of the political power of state government as distinguished from the judicial power and authority thereof. Toncray v. Budge, 14 Idaho 621, 95 P. 26 (1908).

People.

Word “people” in clause “any proposition submitted to a vote of the people may be contested,” means the persons qualified to vote at the election. Henley v. Elmore County, 72 Idaho 374, 242 P.2d 855 (1952).

Time of Eligibility.

The provisions of this section that one of the grounds for contesting an election is the ineligibility of the incumbent for office at the time of the election refers to the final determinative selection to the office, and not to the nomination in a primary election. Strecker v. Smith, 66 Idaho 593, 164 P.2d 192 (1945).

Cited in:

in: Ball v. Campbell, 6 Idaho 754, 59 P. 559 (1899); Toncray v. Budge, 14 Idaho 621, 95 P. 26 (1908); Bradfield v. Avery, 16 Idaho 769, 102 P. 687 (1909); Jaycox v. Varnum, 39 Idaho 78, 226 P. 285 (1924).

34-2001A. Bond election and mill levy contests — Time for filing — Validation of elections and bonds.

The provisions of this chapter with respect to the contest of elections shall be applicable to bond elections conducted by cities, counties, school districts and water and sewer districts, and to elections conducted by school districts for mill levy increases as authorized by sections 33-802, 33-803 and 33-804, Idaho Code. Any such contest shall be regarded as one contesting the outcome of the vote on the bond or mill levy proposition, rather than election to office, and the public entity calling the election rather than a person declared to have been elected to office, shall be regarded as the defendant.
When the validity of any bond or mill levy election is contested upon any of the grounds enumerated in section 34-2001, Idaho Code, or upon any other grounds whatsoever the plaintiff or plaintiffs must, within forty (40) days after the votes are canvassed and the results thereof declared, file in the proper court a verified written complaint setting forth, in addition to the other requirements of this chapter, the following:
No such election contest shall be maintained and no bond or mill levy election shall be set aside or held invalid unless a complaint is filed as permitted hereunder within the period prescribed in this section. As to bond or mill levy elections which have been held prior to the effective date of this act, no such contest shall be maintained wherein it is alleged that the election should be set aside or held on any ground enumerated in section 34-2001, Idaho Code, or on any other ground, unless such election contest be filed as herein provided within forty (40) days from and after the effective date of this act.
All bond elections conducted by cities, counties, school districts and water and sewer districts prior to the effective date of this act, and all proceedings had in the authorization and issuance of the bonds authorized thereat, are hereby validated, ratified and confirmed and all such bonds are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bond election, or bonds issued pursuant thereto, the legality of which is being contested at the time this act takes effect, or any election the legality of which is contested within the forty (40) day period from and after the effective date of this act.

The name of the party contesting the bond or mill levy election, and that he is an elector of the public entity conducting the bond or mill levy election.
The proposition or propositions voted on at the election which are contested.
The particular grounds of such contest.

History.

I.C.,§ 34-2001A, as added by 1969, ch. 208, § 1, p. 604; am. 1976, ch. 291, § 1, p. 1008.

STATUTORY NOTES

Compiler’s Notes.

The phrases “the effective date of this act” and “at the time this act takes effect” in subsections C and D refer to the effective date of S.L. 1969, chapter 208, which was effective March 21, 1969.

Effective Dates.

Section 2 of S.L. 1969, ch. 208 declared an emergency. Approved March 21, 1969.

JUDICIAL DECISIONS

Analysis

City as Defendant.

Only a city could be sued in conjunction with an election contest over a tax levy passed. Bell v. City of Kellogg, 922 F.2d 1418 (9th Cir. 1991).

Failure to File Bond.

Taxpayer’s claim against an election, which brought about the passage of a tax levy, based on fraud, misrepresentation and breach of trust and fiduciary duty fell within the election contest statute and was barred for failure to post a bond. Bell v. City of Kellogg, 922 F.2d 1418 (9th Cir. 1991).

Election of District Judge.

Under this section supreme court has original jurisdiction in the matter of a contest of the election of district judge. Toncray v. Budge, 14 Idaho 621, 95 P. 26 (1908).

Cited in:

in: Hertle v. Ball, 9 Idaho 193, 72 P. 953 (1903).

34-2005. Jurisdiction — Removal of county seats and special questions.

The district courts of the respective counties shall hear and determine contests of election in regard to the removal of county seats, and in regard to any other subject which may by law be submitted to the vote of the people of the county, and the proceedings therein shall be conducted as near as may be hereinafter provided for contesting the election of county officers.

History.

1890-1891, p. 57, § 138; reen. 1899, p. 33, § 125; reen. R.C. & C.L., § 5030; C.S., § 7278; I.C.A.,§ 33-1705.

STATUTORY NOTES

Cross References.

Contests of right to sign petition in removal cases,§ 31-205.

JUDICIAL DECISIONS

Bond Elections.

JUDICIAL DECISIONS

Analysis

Bond Elections.

The remedy provided by this section and§§ 34-2001 and 34-2005, providing a statutory procedure for the contest of a special bond election, is exclusive as to matters that might be contested. Harrison v. Board of County Comm’rs, 68 Idaho 463, 198 P.2d 1013 (1948).

Complaint.

Complaint in election contest which charges a number of omissions by judges in permitting certain things to be done, but fails to charge that such acts were done with the knowledge or consent of the judges, is insufficient. Ball v. Campbell, 6 Idaho 754, 59 P. 559 (1899).

Complaint to contest an election under this section must allege and show facts which disqualify incumbent, or person declared elected, at time of election. Bradfield v. Avery, 16 Idaho 769, 102 P. 687 (1909).

Failure to File Bond.

Where appellant alleged in his complaint that he had received a majority of the votes cast in an election to choose a director from division of irrigation district, both appellee and appellant having been nominated for such office and their names appearing on the ballot, and he brought the action under the usurpation statute and has not in anywise contested the election, the filing of such action later than the twenty day period provided for contesting an election would not be controlling as such limitation period was provided in the election contest statute, even though the secretary of the district had issued a certificate of election. Tiegs v. Patterson, 79 Idaho 365, 318 P.2d 588 (1957). Failure to File Bond.

When proper bond is not filed and approved, contest is properly dismissed. Horne v. Beaton, 46 Idaho 541, 269 P. 89 (1928).

Cited in:

in: Johnson v. Boundary Sch. Dist. # 101, 138 Idaho 331, 63 P.3d 457 (2003).

34-2009. Complaint — Specific allegations.

When the reception of illegal or the rejection of legal votes is alleged as a cause of contest, the names of the persons who so voted, or whose votes were rejected, if known, with the precinct, township or ward where they voted or offered to vote, shall be set forth in the complaint.

History.

1890-1891, p. 57, § 150; reen. 1899, p. 33, § 137; reen. R.C. & C.L., § 5034; C.S., § 7282; I.C.A.,§ 33-1709.

34-2010. Issuance of summons.

Upon the filing of such complaint summons shall issue against the person whose office is contested, as prescribed in the Idaho Rules of Civil Procedure.

History.

1890-1891, p. 57, § 151; reen. 1899, p. 33, § 138; reen. R.C. & C.L., § 5035; C.S., § 7283; I.C.A.,§ 33-1710; am. 1982, ch. 209, § 3, p. 571.

STATUTORY NOTES

Cross References.

Service of summons, Idaho R. Civ. P. 4.

34-2011. Time for trial.

The cause shall stand for trial at the expiration of thirty (30) days from the time of service of the summons and complaint, if the court shall then be in session; otherwise, on the first day of the next term thereafter.

History.

1890-1891, p. 57, § 152; reen. 1899, p. 33, § 139; reen. R.C. & C.L., § 5036; C.S., § 7284; I.C.A.,§ 33-1711.

34-2012. Postponement of trial.

The trial shall proceed at the time appointed, unless postponed for good cause shown by affidavit, the terms of which postponement are in the discretion of the court.

History.

1890-1891, p. 57, § 153; reen. 1899, p. 33, § 140; reen. R.C. & C.L., § 5037; C.S., § 7285; I.C.A.,§ 33-1712.

34-2013. Procedure in general.

The proceedings shall be held according to the Idaho Rules of Civil Procedure so far as practicable, but shall be under the control and direction of the court, which shall have all the powers necessary to the right hearing and determination of the matter; to compel the attendance of witnesses, swear them and direct their examination; to punish for contempt in its presence or by disobedience to its lawful mandate; to adjourn from day to day; to make any order concerning immediate costs, and to enforce its orders by attachment. It shall be governed by the rules of law and evidence applicable to the case.

History.

1890-1891, p. 57, § 154; reen. 1899, p. 33, § 141; reen. R.C. & C.L., § 5038; C.S., § 7286; I.C.A.,§ 33-1713; am. 1982, ch. 209, § 4, p. 571.

STATUTORY NOTES

Cross References.

Contempt,§ 7-601 et seq.

JUDICIAL DECISIONS

Analysis

Burden of Proof.

General rule of burden of proof applies to election cases. Contestant must prove that result of election would have been different if illegal votes had not been received. Jaycox v. Varnum, 39 Idaho 78, 226 P. 285 (1924).

General rule is that contestant has burden of proving for whom illegal votes were cast in order to show his own election. Jaycox v. Varnum, 39 Idaho 78, 226 P. 285 (1924).

Evidence.

Subpoena.

In proceeding filed by taxpayer contesting election wherein he alleged in complaint that 29 of 34 persons voting illegally had voted “Yes,” and 18 of the voters called stated they had voted “Yes,” defendant was entitled to introduce evidence that those voters not called as witnesses voted “No,” even though answer of defendants alleged that none of the voters specified in complaint voted illegally. Henley v. Elmore County, 72 Idaho 374, 242 P.2d 855 (1952). Subpoena.

Nothing in this section, nor the rules of civil procedure, requires the district court to provide subpoenas to out-of-state, non-party witnesses: service of such subpoenas will only occur at the request of a party to the proceeding. Brannon v. City of Coeur d’Alene, 153 Idaho 843, 292 P.3d 234 (2012).

34-2014. Testimony — Subpoena for witnesses.

The testimony may be oral, or by depositions taken pursuant to the Idaho Rules of Civil Procedure. Subpoenas for witnesses may be issued pursuant to the Idaho Rules of Civil Procedure.

History.

1890-1891, p. 57, § 155; reen. 1899, p. 33, § 142; reen. R.C. & C.L., § 5039; C.S., § 7287; I.C.A.,§ 33-1714; am. 1982, ch. 209, § 5, p. 571.

STATUTORY NOTES

Cross References.

Depositions, Idaho R. Civ. P. 27.

Subpoena for witnesses, Idaho R. Civ. P. 45.

JUDICIAL DECISIONS

Subpoena.

34-2015. Amendments.

The proceedings shall not be dismissed for want of form, if the particular causes of contest are alleged with such certainty as will sufficiently advise the incumbent of the real grounds of contest. If any part of the causes are held insufficient they may be amended, but the incumbent will be entitled to an adjournment if he state [states] on oath that he has a matter to answer to the amended causes, for the preparation of which he needs further time. Such adjournment shall be upon such terms as the court deems reasonable; but if all the causes are held insufficient, and an amendment is asked the adjournment shall be at the cost of the contestant. If no amendment is asked for or made, or in case of entire failure to prosecute, the proceedings may be dismissed.

History.

1890-1891, p. 57, § 156; reen. 1899, p. 33, § 143; reen. R.C. & C.L., § 5040; C.S., § 7288; I.C.A.,§ 33-1715.

STATUTORY NOTES

Compiler’s Notes.

The bracketed insertion in the second sentence was added by the compiler to supply the correct grammatical term.

34-2016. Form and service of process.

The style, form and manner of service of process and papers, and the fees of officers and witnesses shall be the same as in other cases in the court where the cause is tried.

History.

1890-1891, p. 57, § 157; reen. 1899, p. 33, § 144; reen. R.C. & C.L., § 5041; C.S., § 7289; I.C.A.,§ 33-1716.

STATUTORY NOTES

Cross References.

Fees of county officers,§ 31-3201 et seq.

Service of papers other than summons, Idaho R. Civ. P. 5.

34-2017. Voters to testify as to qualifications.

The court may require any person called as a witness, who voted at such election, to answer touching his qualifications as a voter; and if he was not a qualified voter in the county where he voted, then to answer for whom he voted; and if the witness answer [answers] such questions no part of his testimony on that trial shall be used against him in any criminal action.
No testimony shall be received as to any illegal votes unless the party contesting the election delivers to the opposing party at least three (3) days before trial, a written list of the number of illegal votes and by whom given, which he intends to prove on such trial. No testimony shall be received as to any illegal votes, except as to such as are specified in this list.

History.

1890-1891, p. 57, § 158; reen. 1899, p. 33, § 145; reen. R.C. & C.L., § 5042; C.S., § 7290; I.C.A.,§ 33-1717; am. 1982, ch. 209, § 6, p. 571.

STATUTORY NOTES

Cross References.

Disqualifications of electors,§ 34-403.

Qualifications of electors,§ 34-402.

Compiler’s Notes.

The bracketed insertion near the end of subsection (a) was added by the compiler to supply the correct grammatical term.

JUDICIAL DECISIONS

Evidence.

34-2018. Inspection of ballots and poll books.

If an inspection of the ballots or poll books of any election district in this state shall become necessary for the determination of any election contest before any court, the presiding judge thereof may, by order naming the district or districts, require the proper officer to procure the same from the county auditor, or other person in whose possession or custody the same may be, and such clerk or person shall deliver the same to said officer, who shall deliver them unopened to such presiding judge.

History.

1890-1891, p. 57, § 159; reen. 1899, p. 33, § 146; reen. R.C. & C.L., § 5043; C.S., § 7291; I.C.A.,§ 33-1718.

JUDICIAL DECISIONS

Analysis

Ballots as Best Evidence.

Ballots cast in election are the best evidence of how electors voted, if it is shown that such ballots are brought into court in exactly the same condition they were in when they were cast by voters and counted at election. Viel v. Summers, 35 Idaho 182, 209 P. 454 (1922).

Introduction in Evidence.

Party introducing ballots in evidence must show substantial compliance with statutes relating to care of ballots in question. Viel v. Summers, 35 Idaho 182, 209 P. 454 (1922).

34-2019. Ballots and poll books — Return to county auditor.

The presiding officer shall open and inspect the same in open court, in the presence of the parties or their attorneys, and immediately after such inspection shall again seal them in an envelope and return them, by mail or otherwise, to the office of the county auditor in which they were at first required to be filed.

History.

1890-1891, p. 57, § 160; reen. 1899, p. 33, § 147; reen. R.C. & C.L., § 5044; C.S., § 7292; I.C.A.,§ 33-1719.

34-2020. Liability for costs.

The contestant and the incumbent are liable to the officers and witnesses for the costs made by them respectively. But if the election be confirmed, or the complaint be dismissed, or the prosecution fail, judgment shall be rendered against the contestant for costs, and if the judgment be against the incumbent, or the election be set aside, it shall be against him for costs.
If the election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the returns, the contest costs shall be a charge against the county or political subdivision where the election was held.

History.

1890-1891, p. 57, § 161; reen. 1899, p. 33, § 148; reen. R.C. & C.L., § 5045; C.S., § 7293; I.C.A.,§ 33-1720; am. 1982, ch. 209, § 7, p. 571.

STATUTORY NOTES

Cross References.

Security for costs of contesting election,§ 34-2218.

JUDICIAL DECISIONS

Displacement in Tort Claim Actions.

This section and§ 6-610 have been displaced in tort claim actions by the clear language of§ 6-918A; both of them antedate§ 6-918A and neither of them has ever contained express and specific language establishing an exception to the exclusive scope of§ 6-918A. Kent v. Pence, 116 Idaho 22, 773 P.2d 290 (Ct. App. 1989).

34-2021. Form of judgment.

The judgment of the court in cases of contested election shall confirm or annul the election according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected or, in the alternative, order the office to be filled according to chapter 9, title 59, Idaho Code, or order a new election to be held at a time and place as determined by the court.

History.

1890-1891, p. 57, § 162; reen. 1899, p. 33, § 149; reen. R.C. & C.L., § 5046; C.S., § 7294; I.C.A.,§ 33-1721; am. 1982, ch. 209, § 8, p. 571.

1890-1891, p. 57, § 165; reen. 1899, p. 33, § 152; reen. R.C. & C.L., § 5049; C.S., § 7297; I.C.A.,§ 33-1724.

34-2025. Appeal and supersedeas.

The party against whom judgment is rendered in cases tried in the district court may appeal to the Supreme Court, and if the appellant be in possession of the office, such appeal shall not supersede the execution of the judgment of the court, as provided in the preceding section, unless he give a bond with security, to be approved by the court, in a sum to be fixed by the court, and which shall be at least double the probable compensation of such officer for six (6) months, which bond shall be conditioned that he will prosecute his appeal without delay, and that if the judgment appealed from be affirmed he will pay over to the successful party all compensation received by him while in possession of said office after the judgment appealed from was rendered, and such bond shall contain the express consent that judgment may be rendered against the sureties on the appeal as provided in the following section.
All appeals to the Supreme Court shall be brought within ten (10) days of the judgment by the district court.

History.

1890-1891, p. 57, § 166; reen. 1899, p. 33, § 153; reen. R.C. & C.L., § 5050; C.S., § 7298; I.C.A.,§ 33-1725; am. 1982, ch. 209, § 9, p. 571.

STATUTORY NOTES

Cross References.

Appeals generally,§ 13-201 et seq.

JUDICIAL DECISIONS

Bond.

There is no law providing that contestant adjudged to be entitled to office shall furnish a bond that he will pay compensation received by him pending appeal if judgment should be adverse. Dotson v. Cassia County, 35 Idaho 382, 206 P. 810 (1922).

Where appellant files no bond, no warrant can be legally drawn for any part of salary until proceedings are finally determined. Dotson v. Cassia County, 35 Idaho 382, 206 P. 810 (1922).

This section modifies§ 59-504 to extent that in case officer furnishes supersedeas bond on appeal, salary may be paid to him pending determination. Dotson v. Cassia County, 35 Idaho 382, 206 P. 810 (1922).

34-2026. Judgment of affirmance.

If upon the appeal the judgment be affirmed, the appellate court shall render judgment against the appellant and the sureties on his bond, or either of them, for the amount which the appellee is entitled to recover from the appellant on account of such contest, together with the costs; but in such case the sureties, or either of them, shall be entitled to produce and examine witnesses concerning the amount of such recovery.

History.

1890-1891, p. 57, § 167; reen. 1899, p. 33, § 154; reen. R.C. & C.L., § 5051; C.S., § 7299; I.C.A.,§ 33-1726.

34-2027. Cost of bond on appeal.

This chapter shall be known and may be cited as the “Election Contests Act.”
The purpose of this act is to simplify and clarify the laws governing election contests of legislative seats and election contests for all officers of the executive department.

History.

I.C.,§ 34-2101, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Prior Laws.

Former chapter 21 of Title 34, Election Contests — Legislature and State Executive Offices, which comprised the following sections, was repealed by S.L. 2017, ch. 293, § 1, effective July 1, 2017.

34-2101. Grounds of contest. [R.S., § 5026; am. 1890-1891, p. 57, § 132; reen. 1899, p. 33, § 119; am. R.C., § 39; reen. 1909, p. 333; reen. C.L., § 39; C.S., § 80; I.C.A.,§ 33-1801; am. 1982, ch. 209, § 19, p. 571.]

34-2102. Incumbent defined. [1890-1891, p. 57, § 133; reen. 1899, p. 33, § 120; reen. R.C., § 40; reen. C.L., § 40; C.S., § 81; I.C.A.,§ 33-1802.]

34-2103. Misconduct of election judges — When sufficient to vitiate election. [1890-1891, p. 57, § 134; reen. 1899, p. 33, § 121; reen. R.C., § 41; reen. C.L., § 41; C.S., § 82; I.C.A.,§ 33-1803.]

34-2104. Jurisdiction — Contests over executive offices. [1890-1891, p. 57, § 135; reen. 1899, p. 33, § 122; am. R.C., § 42; reen. C.L., § 42; C.S., § 83; I.C.A.,§ 33-1804.]

34-2105. Jurisdiction — Contests over legislative offices. [1890-1891, p. 57, § 136; reen. 1899, p. 33, § 123; reen. R.C., § 43; reen. C.L., § 43; C.S., § 84; I.C.A.,§ 33-1805.]

34-2106. Notice of contest. [1890-1891, p. 57, § 140; reen. 1899, p. 33, § 127; reen. R.C. & C.L., § 44; C.S., § 85; I.C.A.,§ 33-1806.]

34-2107. Examination of witnesses. [I.C.,§ 34-2107, as added by 1982, ch. 209, § 21, p. 571.]

34-2108. Subpoenas — Application for. [1880, p. 257, § 13; am. R.S., § 131; am. R.C. & C.L., § 46; C.S., § 87; I.C.A.,§ 33-1808; am. 1969, ch. 115, § 3, p. 373; am. 1982, ch. 209, § 22, p. 571.]

34-2109. Subpoenas — How issued. [1880, p. 257, § 14; am. R.S., § 132; reen. R.C. & C.L., § 47; C.S., § 88; I.C.A.,§ 33-1809; am. 1982, ch. 209, § 23, p. 571.]

34-2110. Disobedience of subpoena — Penalty. [1880, p. 257, § 16; am. R.S., § 134; reen. R.C. & C.L., § 48; C.S., § 89; I.C.A.,§ 33-1810.]

34-2111. Production of papers — Refusal or neglect to produce a misdemeanor. Annotations

34-2112. Witnesses’ fees and mileage. 1880, p. 257, § 20; am. R.S., § 138; reen. R.C. & C.L., § 50; C.S., § 91; I.C.A.,§ 33-1812; am. 1982, ch. 209, § 25, p. 571.]

34-2113. Testimony — How taken, certified and preserved. [1890-1891, p. 57, § 142; reen. 1899, p. 33, § 129; am. R.C. & C.L., § 51; C.S., § 92; I.C.A.,§ 33-1813; am. 1982, ch. 209, § 26, p. 571.] 34-2114. Examination of poll books and ballots. [1890-1891, p. 57, § 143; reen. 1899, p. 33, § 130; reen. R.C. & C.L., § 52; C.S., § 93; I.C.A.,§ 33-1814.]

34-2115. Fees of officers. [1880, p. 257, § 21; am. R.S., § 139; reen. R.C. & C.L., § 53; C.S., § 94; I.C.A.,§ 33-1815.]

34-2116. Contest papers delivered to presiding officers. [1890-1891, p. 57, § 144; reen. 1899, p. 33, § 131; reen. R.C. & C.L., § 54; C.S., § 95; I.C.A.,§ 33-1816; am. 1982, ch. 209, § 27, p. 571.]

34-2117. Notice of receiving papers. [1890-1891, p. 57, § 145; reen. 1899, p. 33, § 132; am. R.C. & C.L., § 55; C.S., § 96; I.C.A.,§ 33-1817.]

34-2118. Opening and custody of papers. [1890-1891, p. 57, § 146; reen. 1899, p. 33, § 133; reen. R.C. & C.L., § 56; C.S., § 97; I.C.A.,§ 33-1818.]

34-2119. Preservation of evidence. [1890-1891, p. 57, § 147; reen. 1899, p. 33, § 134; reen. R.C. & C.L., § 57; C.S., § 98; I.C.A.,§ 33-1819.]

34-2120. Security for costs — Assessment of costs. [I.C.,§ 34-2120, as added by 1982, ch. 209, § 28, p. 571.]

34-2121. Form of relief. [I.C.,§ 34-2121, as added by 1982, ch. 209, § 29, p. 571.]

34-2122. Contest of nomination at primaries. [I.C.,§ 34-2122, as added by 1982, ch. 209, § 30, p. 571.]

34-2123. Jurisdiction over primary contests. [I.C.,§ 34-2123, as added by 1982, ch. 209, § 31, p. 571.]

34-2124. Filing of affidavit. [I.C.,§ 34-2124, as added by 1982, ch. 209, § 32, p. 571.]

34-2125. Security for costs. [I.C.,§ 34-2125, as added by 1982, ch. 209, § 33, p. 571.]

34-2126. Fraud or error by the election official. [I.C.,§ 34-2126, as added by 1982, ch. 209, § 34, p. 571.]

34-2127. Discovery. [I.C.,§ 34-2127, as added by 1982, ch. 209, § 35, p. 571.]

34-2128. Remedies. [I.C.,§ 34-2128, as added by 1982, ch. 209, § 36, p. 571.]

34-2129. Appeals. [I.C.,§ 34-2129, as added by 1982, ch. 209, § 37, p. 571.]

34-2130. Cost on appeal. [I.C.,§ 34-2130, as added by 1982, ch. 209, § 38, p. 571.]

Compiler’s Notes.

The term “this act” in subsection (2) refers to S.L. 2017, Chapter 293, which is codified as§§ 18-2315 and 34-2101 through 34-2128.

34-2102. Definitions.

For the purposes of this chapter, the following terms have the following meanings:

“Body” means the Idaho senate or the Idaho house of representatives or both.
“Contestee” means the individual against whom the contest of election is filed.
“Contestor” means the individual who files the contest of election.
“Elector” has the same meaning as “qualified elector” provided in section 34-104, Idaho Code.
“Eligible for the office” means the qualifications of members provided in section 34-614, Idaho Code.
“Individual” means a natural person and not an artificial person such as a corporation, partnership, or other entity created by law.
“Legislature” means the Idaho senate or the Idaho house of representatives or both.
“Office” means any senate member, house of representatives member, executive office holder, or all.
“Parties” means the contestor and the contestee.
“Party” means the contestor or the contestee.
“Presiding officer” means the Idaho senate president pro tempore or the speaker of the Idaho house of representatives. In the event the contestee or the contestor is the presiding officer, then the next ranking member of majority leadership who is able and willing serves as presiding officer. In the event the contestee or the contestor is an office holder in the executive department, then both the Idaho senate president pro tempore and the speaker of the Idaho house of representatives will serve as presiding officers.

History.

I.C.,§ 34-2102, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Prior Laws.

Former§ 34-2102 was repealed. See Prior Laws,§ 34-2101.

34-2103. Jurisdiction — Contests over legislative offices — Contests over executive offices.

Contests over legislative offices.
1. The senate will hear and determine contests of the election of its members.
2. The house of representatives will hear and determine contests of the election of its members.
Contests over executive offices. The legislature, in joint meeting, will hear and determine cases of contested election for all officers of the executive department. The meeting of the two (2) bodies to decide upon those elections will be held in the house of representatives, and the speaker of the house of representatives will preside.

History.

I.C.,§ 34-2103, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Prior Laws.

Former§ 34-2103 was repealed. See Prior Laws,§ 34-2101.

34-2104. Grounds of contest.

The election of any person to any legislative or state executive office may be contested:

For misconduct, fraud or corruption as provided in section 34-2107, Idaho Code, on the part of one (1) or more judges of election in any precinct or township, or on the part of one (1) or more members of any board of canvassers sufficient to change the result;
When, in an election contest regarding a legislative seat, the contestee was not eligible for the office at the time of the election as provided in section 34-614, Idaho Code;
When, in an election contest regarding an executive office, the contestee was not eligible for the office at the time of the election as provided in chapter 6 of this title;
When the contestee has been convicted of one (1) or more felonies, unless at the time of the election his civil rights have been restored;
When the contestee has been charged with giving or offering to any elector, clerk, or canvasser of the election, or to any judge as provided in section 34-2107, Idaho Code, any bribe or reward in money or property, for the purpose of procuring his election;
When the contestee has been charged with violating one (1) or more of the provisions found in sections 18-2301 through 18-2313, Idaho Code;
When illegal votes have been received or legal votes rejected at the polls sufficient to change the result;
For any error in any board of canvassers in counting votes or in declaring the result of the election, if the error would change the result;
When the contestee holds the office of the state treasurer or the state controller as provided in section 1, article IV, of the constitution of the state of Idaho, and is in default as a collector and custodian of public money or property;
For any other cause or allegation which, if sustained, would show that a person other than the contestee was the person duly elected to the office in question.

History.

I.C.,§ 34-2104, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Election contests in general,§ 34-2001 et seq.

Usurpation of office, action for,§ 6-602.

State controller,§ 67-1001 et seq.

State treasurer,§ 67-1201 et seq.

Prior Laws.

Former§ 34-2104 was repealed. See Prior Laws,§ 34-2101.

JUDICIAL DECISIONS

Analysis

Burden of Proof.

Changed Result.

A party contesting an election must initially prove that the number of illegal votes cast could have changed the result. Hart v. Shepherd (In re Contest of the Election for State Representative In Legislative District No. 7), 164 Idaho 102, 425 P.3d 1245 (2018).

Eligibility.

Ineligibility of a candidate for office at the time of election because of holding another office, the term of which will expire before the beginning of the term of the office for which he is a candidate, is not ground for contest of such candidate’s election. Jordan v. Pearce, 91 Idaho 687, 429 P.2d 419 (1967).

34-2105. Legislative rules.

In addition to the provisions of this chapter, the legislature may provide:

Senate rules regarding senate election contests.
House of representatives rules regarding house of representatives election contests.
Joint rules regarding executive department election contests.

In the event the provisions of this chapter are inconsistent with legislative rules, the legislative rules control.

History.

I.C.,§ 34-2105, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Prior Laws.

Former§ 34-2105 was repealed. See Prior Laws,§ 34-2101.

JUDICIAL DECISIONS

Construction.

Each house of the legislature is sole judge of the election and qualification of its members. Burge v. Tibor, 88 Idaho 149, 397 P.2d 235 (1964).

34-2106. Contest for legislative offices — Exception regarding presiding officers.

Notwithstanding the provisions of sections 34-2101 through 34-2119, Idaho Code, in the event a presiding officer occupies the legislative seat that is the subject of an election contest, the majority leader or the next available and willing member of majority leadership of the appropriate body must serve as the presiding officer for purposes of this chapter.

History.

I.C.,§ 34-2106, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Prior Laws.

Former§ 34-2106 was repealed. See Prior Laws,§ 34-2101.

34-2107. Misconduct of election judges — When sufficient to set aside an election.

Misconduct on the part of the judges of election is sufficient to set aside the election if the misconduct would change the result regarding that office.

History.

I.C.,§ 34-2107, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Prior Laws.

Former§ 34-2107 was repealed. See Prior Laws,§ 34-2101.

Another former§ 34-2107, which comprised 1890-1891, p. 57, § 141; reen. 1899, p. 33, § 128; reen. R.C. & C.L., § 45; C.S., § 86; I.C.A.,§ 33-1807, was repealed by S.L. 1982, ch. 209, § 20, effective March 29, 1982.

34-2108. Notice of contest — Legislative — Executive department — Grounds — Service — Anticipated discovery.

Legislative contest. Within twenty (20) days after the election, whenever any elector of a legislative district chooses to contest the election of any member of the legislature from that district, the elector must give written notice of the contest and leave a copy of the notice of contest with the office of the secretary of state. The elector must make reasonable efforts to provide written notice of the contest to:
1. The person whose election the elector is contesting by serving the notice at the address of the person reflected on his declaration of candidacy filed with the office of the secretary of state; and
2. The secretary of the senate, if the election contest concerns an Idaho senate seat, or the chief clerk of the house of representatives, if the election contest concerns an Idaho house of representatives seat, at the statehouse in Boise.
Executive department contest. Within twenty (20) days after the election, whenever any elector of this state chooses to contest the validity of the election of any of the officers of the executive department of the state, the elector must give written notice of the contest and leave a copy of the notice of contest with the office of the secretary of state. The elector must make reasonable efforts to provide written notice of the contest to:
1. The person whose election the elector is contesting by serving the notice at the address that appears on the person’s declaration of candidacy filed with the office of the secretary of state;
2. The chief clerk of the house of representatives and the secretary of the senate at the statehouse in Boise.
Notification by secretary of state to legislature. On or before the first day of the legislature’s organizational session, the secretary of state must provide a copy of the notice of election contest to:
1. The secretary of the senate, if the election contest concerns an Idaho senate seat;
2. The chief clerk of the house of representatives, if the election contest concerns an Idaho house of representatives seat;
3. The secretary of the senate and the chief clerk of the house of representatives, if the election contest concerns an officer of the executive department.
Grounds for contest. For any contest of election provided for in subsection (1) or (2) of this section, the notice of contest of election must include one (1) or more grounds upon which the election will be contested, as provided in section 34-2104, Idaho Code.
Anticipated discovery. In the notice of contest, the parties must identify anticipated initial discovery, including witnesses to be deposed and the anticipated date and location of depositions. Relevant additional discovery will be allowed by the parties.
Notice of contest may not be amended. A notice of contest required by this section may not be amended subsequent to the expiration of the twenty (20) days’ notice required in subsections (1) and (2) of this section.

History.

I.C.,§ 34-2108, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2108 was repealed. See Prior Laws,§ 34-2101.

34-2109. Summary dismissal.

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

History.

I.C.,§ 34-2109, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2109 was repealed. See Prior Laws,§ 34-2101.

34-2110. Examination of witnesses — Subpoenas.

Unless otherwise provided for in legislative rule, the following provisions apply:

Examination of witnesses. Unless otherwise ordered by the presiding officer or his designee, any party may take the testimony of any person by deposition upon oral examination pursuant to the provisions of the Idaho rules of civil procedure. Depositions must be transcribed in writing. Any other form of deposition must be approved by the presiding officer or his designee. All testimony and discovery must be completed on or before December 29 following the election. The completed record must be delivered to the office of the secretary of state no later than the close of business on the next business day following December 29.
1. Subpoenas and subpoenas duces tecum. An election contest held pursuant to the provisions of this chapter is not a judicial proceeding. The principles of rule 45 of the Idaho rules of civil procedure, however, must be used as a framework for the form, content, issuance and service of subpoenas. Every subpoena and subpoena duces tecum must reasonably approximate the form found in appendix B of the Idaho rules of civil procedure. (2)(a) Subpoenas and subpoenas duces tecum. An election contest held pursuant to the provisions of this chapter is not a judicial proceeding. The principles of rule 45 of the Idaho rules of civil procedure, however, must be used as a framework for the form, content, issuance and service of subpoenas. Every subpoena and subpoena duces tecum must reasonably approximate the form found in appendix B of the Idaho rules of civil procedure.
2. Unless prevented by sickness or unavoidable necessity, any person who has been summoned in the manner provided for in this section and refuses or neglects to attend and testify:
  1. Forfeits the sum of twenty dollars ($20.00), to be recovered by the party at whose instance the subpoena was issued; and
  2. Is guilty of a misdemeanor.
3. Every witness who provides testimony pursuant to a subpoena provided for in this chapter is entitled to receive the witness fees as allowed under the Idaho rules of civil procedure.

History.

I.C.,§ 34-2110, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Penalty for misdemeanor when not otherwise provided,§ 18-113.

Attorney general,§ 67-1401 et seq.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2113 was repealed. See Prior Laws,§ 34-2101.

34-2114. Contest papers delivered to presiding officers.

Senate election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the presiding officer of the senate all papers regarding a contested election of any member of the senate.
House of representatives election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the presiding officer of the house of representatives all papers regarding a contested election of any member of the house of representatives.
Executive department election contests. On the second day of the next regular session of the legislature, the secretary of state must deliver to the speaker of the house of representatives all papers regarding a contest of elections of executive officers. The senate president pro tempore, or his designee, must attend the house of representatives during its receipt of the contest papers.

History.

I.C.,§ 34-2114, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2114 was repealed. See Prior Laws,§ 34-2101.

34-2115. Notice of receiving papers.

Senate election contest. On the day of the receipt by the presiding officer of the senate, or his designee, of papers relating to contested elections, the presiding officer, in the appropriate order of business, must give notice to the senate of receipt of the papers.
House of representatives election contest. On the day of the receipt by the presiding officer of the house of representatives, or his designee, of papers relating to contested elections, the presiding officer, in the appropriate order of business, must give notice to the house of representatives of receipt of the papers.
State Executive Department Election Contest. Where the papers relate to the contest of a state executive officer, the house of representatives must notify the senate, and the day must be fixed by both houses, by concurrent resolution, for uniting the two (2) bodies to decide upon the same, in which decision the yeas and nays must be taken and entered upon the journal. A joint committee may be appointed by the presiding officers, or designees, of the two (2) bodies to produce a committee report on the election contest.

History.

I.C.,§ 34-2115, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Prior Laws.

Former§ 34-2115 was repealed. See Prior Laws,§ 34-2101.

34-2116. Opening and custody of papers — Appointment of committee.

Unless otherwise provided by legislative rule, the papers relating to any contest of election must be opened only in the presence of the body as directed by the presiding officer. Except as provided in subsection (2) of this section or unless otherwise provided for by legislative rule, the papers must remain in the custody of the presiding officer or his designee until the election contest is decided. Upon a final decision by the body, the provisions of section 34-2117, Idaho Code, governing preservation of evidence will apply.
Appointment of committee. The presiding officer may appoint a standing or special committee to hear the contest of election.
1. The chairman of the committee will act as the temporary custodian of the papers. The presiding officer, or his designee, has discretion to deliver to the committee chairman all papers delivered to the presiding officer by the secretary of state or a portion of those papers. The committee chairman, or his designee, is authorized to efficiently manage or organize the papers.
2. Upon conclusion of hearing the contest, the committee will report to the body its recommendation on the contest. The body must vote on the committee report. Upon the body’s vote on the report, the committee chairman must return the papers to the presiding officer, who will preserve the evidence as provided in section 34-2117, Idaho Code.

History.

I.C.,§ 34-2116, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2116 was repealed. See Prior Laws,§ 34-2101.

34-2117. Preservation of evidence.

Except as provided for in subsection (2) of this section, all the evidence in any contest provided for in this chapter will be returned by the presiding officer, or his designee, to the secretary of state and will be preserved in the office of the secretary of state.
Any ballots or poll books, other than copies, will be returned by the presiding officer to the secretary of state, who will return them to the office of the county auditor in which they were first required to be filed.

History.

I.C.,§ 34-2117, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2117 was repealed. See Prior Laws,§ 34-2101.

34-2118. Security for costs — Assessment of costs and fees — Assessment of attorney’s fees.

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.
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.
Attorney’s fees.
1. 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.
2. 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.
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.
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.

I.C.,§ 34-2118, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Fees of officers,§ 31-3201 et seq.

Liability for costs of contesting election for other office,§ 34-2020.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2118 was repealed. See Prior Laws,§ 34-2101.

JUDICIAL DECISIONS

Attorney’s Fees.

Prior to the 2017 revision of the election law, attorney’s fees could be awarded against a contestor of an election. Nye v. Katsilometes, 165 Idaho 455, 447 P.3d 903 (2019).

34-2119. Forms of relief.

The legislature must confirm or annul the election and must declare as elected the person who appears duly elected.
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.
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.
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.
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.
1. 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. (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.
2. 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.
3. 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.

I.C.,§ 34-2119, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

History.

I.C.,§ 34-2122, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Filing of affidavit, other offices,§ 34-2030.

Prior Laws.

Former§ 34-2122 was repealed. See Prior Laws,§ 34-2101.

RESEARCH REFERENCES

A.L.R.

JUDICIAL DECISIONS

Attorney’s Fees.

Secretary of state was entitled to attorney’s fees, because, although the irregularities in the election certainly justified the candidate’s initial challenge before the district court, his appeal was frivolous, inasmuch as he made no effort to present evidence to the district court in support of his claim that the irregularities warranted relief. Hart v. Shepherd (In re Contest of the Election for State Representative In Legislative District No. 7), 164 Idaho 102, 425 P.3d 1245 (2018).

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.

I.C.,§ 34-2128, as added by 2017, ch. 293, § 2, p. 767.

STATUTORY NOTES

Cross References.

Costs on appeal, contests of other offices,§ 34-2036.

Prior Laws.

STATUTORY NOTES

Cross References.

Canvassing of returns,§ 34-1201.

Conduct of elections,§ 34-1101 et seq.

Presidential electors,§ 34-1501 et seq.

Compiler’s Notes.

The term “this act”, near the beginning of this section, refers to S.L. 1933, Chapter 179, which is codified as§§ 34-2201 to 34-2216. The reference probably should be to “this chapter,” being chapter 22, title 34, Idaho Code.

The bracketed insertion was added by the compiler to conform to the statutory citation style.

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.

1933, ch. 179, § 4, p. 328.

34-2205. Qualifications of delegates — Nominating petitions — Declarations of candidates and signers — Certification.

Candidates for the office of delegate to the convention shall be qualified electors of the state of Idaho. Nomination shall be by petition and not otherwise. A single petition shall nominate but one (1) candidate, who may have one (1) or more separate petitions. Nominations shall be without party or political designation, but the nominating petitions shall each contain a declaration of the candidate that he is a candidate for election to the office of delegate to the constitutional convention, and a statement to the effect that he favors ratification of, or that he is against ratification of the proposed constitutional amendment to be acted upon by the constitutional convention, and the total number of voters joining in the nomination of a candidate shall not be less than one hundred (100).

The candidate’s declaration in the nominating petition shall be in substantially the following form, to-wit:

I, the undersigned, being a qualified elector of .... precinct, .... County, State of Idaho, hereby declare myself to be a candidate for the office of delegate to the constitutional convention, to be voted for at the election to be held on the .... day of ...., ...., and that I .... (insert one only of the following: “favor ratification of” .... or “am against ratification of”) the proposed constitutional amendment to be acted upon by the constitutional convention, and certify that I possess the legal qualifications to fill said office, and that my post-office address is .....

I further certify and declare that if nominated I hereby accept said office.

(Signed) ...............................

All blank spaces shall be properly filled in with the necessary information and the declaration of candidacy shall be subscribed and sworn to before an officer authorized to administer oaths, and the signatures of the voters joining in such petitions, each of which signature shall be followed by the signer’s residence address and date, shall be prefaced by a declaration in substantially the following form, to-wit:

I, the undersigned, being a qualified elector of the State of Idaho, do hereby declare that I am in accord with the statement and declaration of ...., a candidate for the office of delegate to the constitutional convention, to be voted for at the election to be held on the .... day of ...., ...., and do hereby join in this petition for his nomination for such office.

Each nominating petition shall, at the time of filing in the office of the secretary of state, bear an affidavit in substantially the following form, executed and verified by a citizen and resident of the State of Idaho:

I do solemnly swear (or affirm) that I am a citizen and resident of the State of Idaho; that each of the petitioners whose name is affixed to the above paper signed the same personally, together with his post-office address and date of signing, and that each signed the same with full knowledge of its contents; that to the best of my knowledge each is a qualified elector of the State of Idaho.

No voter shall sign more than twenty-one (21) nominating petitions nor more than one (1) petition for the same candidate, and if he does either, his signatures shall not be counted on any nominating petition.

All acceptances and petitions shall be filed with the secretary of state not less than forty-five (45) days before the date fixed for the election. No nomination shall be effective except those of the twenty-one (21) candidates in favor of ratification and the twenty-one (21) candidates against ratification whose nominating petitions have respectively been signed by the largest number of voters, ties, if any, to be decided by lot drawn by the secretary of state; provided, however, that if there be less than twenty-one (21) candidates in favor of ratification, all such candidates shall be considered as nominated, or if there be less than twenty-one (21) candidates against ratification all such candidates shall be considered as nominated.

Within ten (10) days after the petitions are filed with him, the secretary of state shall certify to each county auditor within the state, a certified list of the candidates of each group entitled to be voted for at such election, as appears from the acceptances and nominating petitions filed in the office of the secretary of state.

History.

1933, ch. 179, § 5, p. 328; am. 2007, ch. 90, § 17, p. 246.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2007 amendment, by ch. 90, deleted references to the twentieth century in the date lines in the form.

Compiler’s Notes.

The words enclosed in parentheses so appeared in the law as enacted.

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.

All circular spaces in said ballot shall be one-half (½) inch in diameter.

All square spaces in said ballot shall be one-half (½) inch square.

Cross References.

Secretary of state,§ 67-901 et seq.

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.

1933, ch. 179, § 11, p. 328.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

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.

1933, ch. 179, § 12, p. 328.

34-2213. Expenses, how paid.

STATUTORY NOTES

Compiler’s Notes.

The bracketed insertion was added by the compiler to conform to the statutory citation style.

34-2217. Referendum on United States constitutional amendment

Advisory nature. [Repealed.]

STATUTORY NOTES

Compiler’s Notes.

This section, which comprised 1975, ch. 125, § 1, p. 258; am. 1979, ch. 249, § 1, p. 654, was repealed by S.L. 1995, ch. 227, § 1, effective March 20, 1995.

CHAPTER 23 RECOUNT OF BALLOTS

Section.

34-2301. Application for recount of ballots.

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.
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.

1957, ch. 198, § 1, p. 410; am. 1985, ch. 41, § 1, p. 84; am. 2009, ch. 341, § 64, p. 993; am. 2011, ch. 285, § 15, p. 778.

STATUTORY NOTES

Cross References.

Attorney general,§ 67-1401 et seq.

State board of canvassers,§ 34-1211.

Amendments.

The 2009 amendment, by ch. 341, twice inserted “or municipal.”

The 2011 amendment, by ch. 285, designated the existing provisions as subsection (1), inserted “or person supporting or opposing a state, county or city measure” in subsection (1), and added subsection (2).

Effective Dates.

The 2012 amendment, by ch. 211, deleted “and if the recount is of a primary election the blank ballots shall be counted against the ballots that were voted” from the end of the first sentence.

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

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.

1957, ch. 198, § 6, p. 410; am. 1985, ch. 41, § 4, p. 84; am. 2011, ch. 285, § 20, p. 778.

STATUTORY NOTES

Amendments.

The 2011 amendment, by ch. 285, in the first paragraph, inserted “or change in the measure being recounted” and “or person who requested the recount of a ballot measure”; in the second paragraph, inserted “or person” following “candidate”, “or measure” following “state office”, and “at least” preceding “two (2) precincts”, and added “or measure, or two (2) precincts having not less than two hundred (200) votes cast to be recounted in the city or district elections” at the end.

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

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.

I.C.,§ 34-2307, as added by 1985, ch. 41, § 6, p. 84; am. 2011, ch. 285, § 21, p. 778; am. 2012, ch. 211, § 11, p. 571.

STATUTORY NOTES

Cross References.

Attorney general,§ 67-1401 et seq.

Prior Laws.

Former§ 34-2307, which comprised 1957, ch. 198, § 7, p. 410, was repealed by S.L. 1985, ch. 41, § 5.

Amendments.

The 2011 amendment, by ch. 285, inserted, “or person” following “candidate” near the beginning of the paragraph and inserted “city or district” preceding “office” at the end of the paragraph.

The 2012 amendment, by ch. 211, inserted “or the county prosecuting attorney for district offices” in the first sentence.

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

34-2308. Candidate disagreeing with recount results — Appeal.

Any candidate or person may appeal the results of a recount or the determination that a recount is not necessary when:
1. 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;
2. It appears that a different application or interpretation of the law would have required a general recount where no general recount was ordered; or
3. It appears that a different application or interpretation of the law would not have required a general recount where a general recount was ordered;
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.
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.
The opposing candidate(s) or parties, regarding a measure, may respond to the submittal by brief.
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.
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.

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.

History.

1957, ch. 198, § 8, p. 410; am. 1985, ch. 41, § 7, p. 84; am. 2004, ch. 48, § 1, p. 232; am. 2011, ch. 285, § 22, p. 778.

STATUTORY NOTES

Cross References.

Attorney general,§ 67-1401 et seq.

Secretary of state,§ 67-901 et seq.

Amendments.

The 2011 amendment, by ch. 285, in subsection (1) inserted, “or person” following “candidate” in the introductory paragraph, inserted “or the person on either side of a measure” in paragraph (a), and substituted “county, municipal or district office” for “county or district office” in the last, undesignated paragraph; in subsection (2), inserted “or the county prosecuting attorney” and “or representatives of the pro and con sides of the ballot measure”; added “or the prosecuting attorney, in consultation with the county clerk, may respond for district elections” in subsection (3); and inserted “or parties, regarding a measure” in subsection (4).

Compiler’s Notes.

The letter “s” enclosed in parentheses so appeared in the law as enacted.

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

JUDICIAL DECISIONS

Cited in:

in: Hansen v. Jones, 107 Idaho 1098, 695 P.2d 1237 (1984).

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.

I.C.,§ 34-2309, as added by 1985, ch. 41, § 9, p. 84; am. 1986, ch. 97, § 3, p. 275; am. 2011, ch. 285, § 23, p. 778; am. 2015, ch. 282, § 7, p. 1147; am. 2015, ch. 287, § 1, p. 1159.

STATUTORY NOTES

Cross References.

Attorney general,§ 67-1401 et seq.

Prior Laws.

Former§ 34-2309, which comprised 1957, ch. 198, § 9, p. 410, was repealed by S.L. 1985, ch. 41, § 8.

Amendments.

The 2011 amendment, by ch. 285, in the first paragraph, inserted, “or person supporting or opposing a ballot measure”, “or passage or failure of a measure”, and “or the difference between the yes and no votes on a measure”; and, in the second paragraph, inserted “or state measure” and substituted “county, city or district office or measure” for “county office.”

This section was amended by two 2015 acts which appear to be compatible and have been compiled together.

The 2015 amendment, by ch. 282, substituted “Free” for “Automatic” in the section heading; inserted “or five (5) votes, whichever is greater” at the end of the first sentence in the first paragraph; and, in the second paragraph, twice deleted “automatic” preceding “recount”.

The 2015 amendment, by ch. 287, in the first paragraph, deleted “to a federal, state, or county office” following “or election” near the beginning and substituted “appropriate officer” for “attorney general” in the last sentence.

Effective Dates.

Section 4 of S.L. 1986, ch. 97 declared an emergency. Approved March 22, 1986. Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

Section 9 of S.L. 2015, ch. 282 declared an emergency. Approved April 6, 2015.

Section 2 of S.L. 2015, ch. 287 declared an emergency. Approved April 6, 2015.

34-2310. “Costs” defined.

As used in this chapter, costs of recount shall include the following:

Travel costs of the office of the attorney general including meals and lodging.
Normal hourly rate for election judges and clerks who are not employees of the county.
Mileage for election judges who are not employees of the county.
Any other costs directly attributable to the recount.

History.

I.C.,§ 34-2310, as added by 1985, ch. 41, § 10, p. 84.

STATUTORY NOTES

Cross References.

Attorney general,§ 67-1401 et seq.

34-2311, 34-2312. [Reserved.]

To ensure the accuracy of automated vote tabulation systems, the county clerk shall follow the recount procedures provided in this section.
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.
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.
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.

I.C.,§ 34-2313, as added by 2011, ch. 285, § 24, p. 778.

STATUTORY NOTES

Effective Dates.

Section 25 of S.L. 2011, ch. 285 declared an emergency. Approved April 11, 2011.

34-2313. Recount procedures for automated tabulation systems.

CHAPTER 24 VOTING BY MACHINE OR VOTE TALLY SYSTEM

Section.

34-2401. Definitions.

As used in this chapter:

“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.
“Ballot card” means the tabulating card or cards of any size upon which the voter records his vote.
“Ballot label” means the cards, papers, booklet or other material containing the names of offices and candidates and measures to be voted on.
“Election” means all state, county, city, district and other political subdivision elections including bond issue elections.
“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.
“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.
“Model” means a mechanically operated model of a portion of the face of the machine illustrating the means of voting.
“Precinct” includes all election districts.
“Voting machine” means:
1. 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;
2. 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.
“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.

1970, ch. 140, § 132, p. 351; am. 1974, ch. 3, § 1, p. 17; am. 2001, ch. 272, § 3, p. 993; am. 2003, ch. 48, § 14, p. 181.

STATUTORY NOTES

Cross References.

Definitions for entire election law,§ 34-101 et seq.

Penalties for violation of election laws,§ 18-2301 et seq.

Prior Laws.

Former§ 34-2401, which comprised 1963, ch. 177, § 1, p. 508, was repealed by S.L. 1970, ch. 140, § 217.

Effective Dates.

Section 218 of S.L. 1970, ch. 140 declared an emergency and provided that §§ 132—161 of the act should take effect on March 10, 1970.

Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.

RESEARCH REFERENCES

A.L.R.

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.,§ 34-2402, as added by 1974, ch. 3, § 3, p. 17.

STATUTORY NOTES

Prior Laws.

Former§ 34-2402, which comprised 1963, ch. 177, § 2, p. 508, was repealed by S.L. 1970, ch. 140, § 217.

Another former§ 34-2402, which comprised S.L. 1970, ch. 140, § 133, p. 351, was repealed by S.L. 1974, ch. 3, § 2.

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.,§ 34-2403, as added by 1974, ch. 3, § 5, p. 17.

STATUTORY NOTES

Prior Laws.

Former§ 34-2403, which comprised 1963, ch. 177, § 4, p. 508, was repealed by S.L. 1970, ch. 140, § 217.

Another former§ 34-2403, which comprised S.L. 1970, ch. 140, § 134, p. 351, was repealed by S.L. 1974, ch. 3, § 4.

34-2404. Tampering with machines prohibited.

No person shall:
1. Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election.
2. Tamper with any voting machine or vote tally system that has been used in an election.
3. Prevent or attempt to prevent the correct operation of any voting machine or vote tally system.
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.
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.

1970, ch. 140, § 135, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§§ 34-2404 to 34-2446, which comprised 1963, ch. 177, §§ 4 to 46, p. 508, were repealed by S.L. 1970, ch. 140, § 217.

34-2405. Authority for procurement of machines.

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.
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.
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.

1970, ch. 140, § 136, p. 351; am. 1972, ch. 129, § 1, p. 257.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2405 was repealed. See Prior Laws,§ 34-2404.

34-2406. Joint purchase and use of machines authorized.

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.
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.

1970, ch. 140, § 137, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-2406 was repealed. See Prior Laws,§ 34-2404.

34-2407. Purchase of machines — Manner of payment.

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.
For the purpose of paying for voting machines or vote tally systems, the governing body may:
1. 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.
2. Pay for the voting machines or vote tally system in cash out of the general fund.
3. Provide for the payment for the voting machines or vote tally systems by other means.
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.

1970, ch. 140, § 138, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-2407 was repealed. See Prior Laws,§ 34-2404.

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.

1970, ch. 140, § 139, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2408 was repealed. See Prior Laws,§ 34-2404.

34-2409. Examination of machines by secretary of state prior to adoption.

The secretary of state shall publicly examine all makes of voting machines or vote tally systems submitted to him and determine whether the machines or vote tally systems comply with the requirements of this chapter, and can safely be used by voters at elections under the provisions of this chapter. Any voting machine or vote tally system shall be certified by the secretary of state for use in Idaho. Except for functions or capabilities unique to this state, voting machines and vote tally systems shall be tested and the results certified by an independent testing authority designated by the secretary of state prior to certification.
Any person owning or interested in a voting machine or vote tally system may submit it to the secretary of state for examination. No examination shall be conducted unless documentation is provided indicating that the voting machine or vote tally system meets the federal election commission standards. For the purpose of assistance in examining the machine or vote tally system the secretary of state may employ not more than three (3) individuals who are expert in one (1) or more of the fields of data processing, mechanical engineering and public administration. The compensation of these assistants shall be paid by the person submitting the machine or vote tally system.
Within thirty (30) days after completing the examination and approval of any voting machine or vote tally system the secretary of state shall make and file in his office his report on the machine or vote tally system, together with a written or printed description and drawings and photographs clearly identifying the machine or vote tally system and the operation thereof. As soon as practicable after such filing, the secretary of state upon request shall send a copy of the report to any governing body within the state.
Any voting machine or vote tally system that receives the approval of the secretary of state may be used for conducting elections in this state. Any machine or vote tally system that does not receive such approval shall not be adopted for or used at any election. After a voting machine or vote tally system has been approved by the secretary of state, any change or improvement in the machine or vote tally system that does not impair its accuracy, efficiency or capacity shall not render necessary a reexamination or reapproval of the machine or vote tally system.
Any voting system, including paper ballots, that was used in the 2004 general election shall be continued to be authorized for use as long as the voting system meets the requirements of the “Help America Vote Act of 2002,” Public Law 107-252.
For all elections conducted after 2004, no direct recording electronic voting device shall be used unless the direct recording electronic voting device has a voter verifiable paper audit trail. Any certifications of a direct recording electronic voting device without a voter verifiable paper audit trail are hereby declared null and void.

History.

(7) The secretary of state may periodically review the various voting systems that have been certified for use in the state to ensure such systems meet the standards set forth by the federal election assistance commission and the national institute of standards and technology. Any voting system that does not meet such standards may be decertified after a public hearing. History.

1970, ch. 140, § 140, p. 351; am. 2001, ch. 272, § 4, p. 993; am. 2005, ch. 282, § 1, p. 918; am. 2007, ch. 202, § 8, p. 620; am. 2012, ch. 179, § 1, p. 470.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2409 was repealed. See Prior Laws,§ 34-2404.

Amendments.

The 2007 amendment, by ch. 202, added “or be certified by the federal election assistance commission” at the end of subsection (1).

The 2012 amendment, by ch. 179, in subsection (1), substituted the present second sentence for “In order for any voting machine or vote tally system to be certified in Idaho it must meet the federal election commission standards and be approved for use by an independent testing authority sanctioned by the national association of state election directors (NASED) or be certified by the federal election assistance commission” and added the last sentence.

Federal References.

The Help America Vote Act of 2002, referred to in subsection (5), is now codified as 52 USCS § 20901 et seq.

Compiler’s Notes.

The national institute of standards and technology, referred to in subsection (7), is a non-regulatory federal agency within the U.S. department of commerce. See https://www.nist.gov.

34-2410. Specifications for voting machines or vote tally systems.

No voting machine or vote tally system shall be approved by the secretary of state unless it is constructed so that it:
1. Secures to the voter secrecy in the act of voting.
2. 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.
3. Permits the voter to vote for any person for any office and upon any measure that he has the right to vote for.
4. 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.
5. Permits the voter to vote for as many persons for an office as he is lawfully entitled to vote for but no more.
6. Prevents the voter from voting for the same person more than once for the same office.
7. Correctly registers or records all votes cast for any and all persons and for or against any and all measures.
8. 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.
9. 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.
A vote tally system shall be:
1. 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.
2. 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.
3. 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.
4. Capable of tallying votes from ballots or ballot cards of different political parties, from the same precinct, in the case of a primary election.
5. 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.
6. Capable of automatically producing precinct totals in either printed, marked, or punched form, or combinations thereof.

History.

1970, ch. 140, § 141, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2410 was repealed. See Prior Laws,§ 34-2404.

34-2411. Duties of clerks of election boards.

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.
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.

1970, ch. 140, § 142, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2411 was repealed. See Prior Laws,§ 34-2404.

Compiler’s Notes.

The term “this act” at the end of subsection (2) refers to S.L. 1970, Chapter 170, which is codified throughout Title 34 of the Idaho Code.

34-2412. Composition of precinct election boards.

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.
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.

1970, ch. 140, § 143, p. 351; am. 1974, ch. 75, § 1, p. 1162; am. 1989, ch. 346, § 1, p. 873; am. 2012, ch. 211, § 12, p. 571.

STATUTORY NOTES

Prior Laws.

Former§ 34-2412 was repealed. See Prior Laws,§ 34-2404.

Amendments.

The 2012 amendment, by ch. 211, deleted former subsection (3), regarding adjusting election precincts.

Effective Dates.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

34-2413. Preparation of machines for use — Instructions.

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.
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.
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.

1970, ch. 140, § 144, p. 351; am. 2012, ch. 211, § 13, p. 571.

STATUTORY NOTES

Prior Laws.

Former§ 34-2413 was repealed. See Prior Laws,§ 34-2404.

Amendments.

The 2012 amendment, by ch. 211, deleted “or the clerk of a city, district or other political subdivision” following “the county clerk of a county” near the middle of subsection (1).

Effective Dates.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

34-2414. Printed matter and supplies.

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.
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.
The county clerk or other election officer shall deliver voting machines to each election board as provided for election supplies.

History.

1970, ch. 140, § 145, p. 351.

STATUTORY NOTES

Cross References.

Preparation of primary ballots,§ 34-713.

Secretary of state,§ 67-901 et seq.

Secretary of state prescribes form and contents of ballots and related documents,§ 34-903.

Prior Laws.

Former§ 34-2414 was repealed. See Prior Laws,§ 34-2404.

34-2415. Preparation of polling place for election.

The election board of each election precinct in which a voting machine is to be used shall meet at the polling place for the election precinct at least thirty (30) minutes before the time set for opening the polls. Before preparing the machine for voting, the election board shall proceed as prescribed in subsection (2) of this section.
The election board shall:
1. Cause the voting machine to be placed where it can be conveniently attended by the election board and conveniently operated by the voters and where the ballot labels on the machines can be plainly seen by the election board and the public when not being voted on.
2. Cause the model to be placed where each voter can conveniently operate it and receive instructions on the model as to the manner of voting before entering the voting machine booth.
3. Determine that the ballot labels are in the proper place on the machine.
After performing their duties as provided in this section, the election board shall certify to the fact in the appropriate places in the poll book.

History.

1970, ch. 140, § 146, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-2415 was repealed. See Prior Laws,§ 34-2404.

34-2416. Procedure for preparing machines for an election.

In preparing a voting machine for an election, the county clerk or the clerk of the city, district or other political subdivision, as the case may be, shall:
1. Arrange the machine and the ballot labels so that it shall in every particular case meet the requirements of voting and counting at such elections.
2. Thoroughly inspect and test the machine, and file a certificate in his office that the ballot labels have been properly arranged.
The arrangement of offices and names of candidates upon the ballot labels shall conform as nearly as practicable to the provisions of law for the arrangement of names on paper ballots, and in the event that there are more candidates for any office than can be placed upon one (1) page, the labels shall be clearly marked to indicate that the names of candidates for the office are continued on the following page.
Representatives of political parties and candidates shall be permitted to examine the voting machines or vote tally systems.

Effective Dates.

34-2419. Rotation of names of candidates.

In each primary and general election when two (2) or more persons are candidates for nomination or election to the same office, the county clerk or the clerk of a city, district or other municipality in which voting machines or vote tally systems are used shall rotate the names of candidates as directed by the secretary of state.

History.

1970, ch. 140, § 150, p. 351.

STATUTORY NOTES

Cross References.

Secretary of state,§ 67-901 et seq.

Prior Laws.

Former§ 34-2422 was repealed. See Prior Laws,§ 34-2404.

34-2423. Absent voting by voting machine or paper ballot.

The county clerk may provide that absent voting shall be either by voting machine or by marking a paper ballot or a combination of both. In any of the foregoing cases he may establish one (1) absent elector unit to handle and process absent elector ballots for each legislative district within his county and shall cause sufficient ballots of the proper kind or kinds to be provided.

Voted ballots shall be retained by the county clerk until election day when they shall be transferred to the ballot processing center and thereafter made a part of the election returns.

History.

1970, ch. 140, § 154, p. 351; am. 1976, ch. 73, § 2, p. 242.

STATUTORY NOTES

Cross References.

Absentee voting,§ 34-1001 et seq.

Prior Laws.

Former§ 34-2423 was repealed. See Prior Laws,§ 34-2404.

34-2424. Paper ballots used in conjunction with voting machines.

In any election where voting machines or vote tally systems are used:

Paper ballots may be used to record the electors’ votes for party offices.
Paper ballots may be used to record the electors’ votes for or against municipal candidates or measures.
Paper ballots which are used in conjunction with voting machines may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code.
Ballots or ballot cards may be returned to the office of the county clerk for counting.
In the event that paper ballots are used in conjunction with voting machines or vote tally systems to record write-in votes, these paper ballots may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code.

History.

1970, ch. 140, § 155, p. 351; am. 2012, ch. 211, § 14, p. 571.

STATUTORY NOTES

Prior Laws.

Former§ 34-2424 was repealed. See Prior Laws,§ 34-2404.

Amendments.

The 2012 amendment, by ch. 211, inserted “or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code” at the end of subsections (3) and (5).

Effective Dates.

Section 15 of S.L. 2012, ch. 211 declared an emergency. Approved April 3, 2012.

34-2425. Preparation and distribution of sample ballots.

At each primary, general and special election there shall be provided as many sample ballots as the county clerk considers necessary. The sample ballots shall be prepared and distributed as provided by law.
For each primary, general and special election the county clerk shall cause to be published a facsimile, except as to size, of the sample ballot required in subsection (1) of this section.

History.

1970, ch. 140, § 156, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-2425 was repealed. See Prior Laws,§ 34-2404.

34-2426. Exhibition of voting machines for instruction of voters.

Before each election at which voting machines are to be used the county clerk shall place on public exhibition a suitable number of machines for the proper instruction of voters. The machines shall be arranged and equipped with ballot labels so as to best illustrate the method of voting at that election and so far as practicable, shall contain:
1. The names of the offices to be filled.
2. The names of the candidates to be voted for, together with their proper party designations in case of party elections.
3. Statements of the measure to be voted on.
In addition to supplying sample ballots, the county clerk shall, before the election, take reasonable additional steps to familiarize the voters with a diagram showing the face of the voting machine after the official ballot labels are arranged thereon with illustrated instructions how to vote, and with the locations of the voting machines that are on public exhibition.
Before each election at which a vote tally system is to be used, the county clerk shall make every reasonable effort to acquaint the electors within his county with the ballot format and the marking system.

History.

1970, ch. 140, § 157, p. 351.

STATUTORY NOTES

Prior Laws.

Former§ 34-2426 was repealed. See Prior Laws,§ 34-2404.

34-2427. Voters with physical or other disability.

The election board clerks shall instruct electors on how to record their votes on the voting machine or vote tally system, and shall give assistance to any elector who declares that he is unable by reason of physical or other disability to record his vote on the machine or vote tally system, and on request by the elector after he has entered the voting booth, shall give him the necessary information to enable him to record his vote.
Any elector who, because of blindness, physical or other disability, is unable to mark his ballot shall, upon request, receive the assistance of the election board clerks or some other person chosen by the elector in the marking thereof. Such clerks or person shall ascertain the wishes of the elector and mark his ballot in accordance therewith, and shall thereafter give no information regarding such marking. Whenever an elector receives assistance in this manner, a clerk shall make a notation thereof in the combination election record and poll book following the name of the elector.
If any elector, after entering the voting booth, asks for information regarding the operation of the voting machine or marking device, the election board clerks shall give him the necessary information.

History.

1970, ch. 140, § 158, p. 351; am. 1972, ch. 129, § 2, p. 257; am. 2010, ch. 235, § 20, p. 542; am. 2015, ch. 282, § 8, p. 1147.

STATUTORY NOTES

Cross References.

Denial of use of facilities by person accompanied by guide dog for the blind prohibited,§ 18-5812A.

Physically disabled voters,§ 34-1108.

Prior Laws.

Former§ 34-2427 was repealed. See Prior Laws,§ 34-2404.

Amendments.

The 2010 amendment, by ch. 235, rewrote the section heading, which formerly read: “Physically disabled voters”; and in subsections (1) and (2), substituted “physical or other disability” for “physical disability or other handicap.”

The 2015 amendment, by ch. 282, deleted the former third sentence in subsection (2), which read: “The election board judge may require a declaration of disability to be made by the elector under oath”.

Effective Dates.

Section 5 of S.L. 1972, ch. 129 declared an emergency. Approved March 13, 1972.

Section 9 of S.L. 2015, ch. 282 declared an emergency. Approved April 6, 2015.

34-2428. Time allowed each voter to vote. [Repealed.]

STATUTORY NOTES

Prior Laws.

A former§ 34-2428 was repealed. See Prior Laws,§ 34-2404.

Repealed by S.L. 2010, ch. 3, § 1, effective January 1, 2010.

History.

I.C.,§ 34-2504, as added by 1994, ch. 54, § 2, p. 93.

STATUTORY NOTES

Prior Laws.

A former§ 34-2504, which comprised 1975, ch. 132, § 5, p. 290; am. 1982, ch. 137, § 6, p. 388, was repealed by S.L. 1994, ch. 54, § 1, effective July 1, 1994.

34-2505. Statement of expenditures — Rules — Unqualified expenditures

Unexpended balance. [Repealed.]

Repealed by S.L. 2010, ch. 3, § 1, effective January 1, 2010.

History.

1975, ch. 132, § 6, p. 290; am. 1994, ch. 54, § 3, p. 93; am. 1994, ch. 180, § 55, p. 96.