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: 1. For malconduct, fraud, or corruption on the part of the judges of election in any precinct, township or ward, or […]
34-2001A. BOND ELECTION AND LEVY CONTESTS — TIME FOR FILING — VALIDATION OF ELECTIONS AND BONDS. (1) The provisions of this chapter with respect to the contest of elections shall be applicable to bond elections conducted by cities, counties, school districts, and water and sewer districts and to elections conducted by school districts for levy […]
34-2002. TERM INCUMBENT DEFINED. The term "incumbent" in this chapter means the person whom the canvassers declare elected. History: [(34-2002) 1890-1891, p. 57, sec. 133; reen. 1899, p. 33, sec. 120; reen. R.C. & C.L., sec. 5027; C.S., sec. 7275; I.C.A., sec. 33-1702.]
34-2003. MISCONDUCT OF JUDGES. When the misconduct complained of is on the part of the judges of election, it shall not be held sufficient to set aside the election, unless the vote of the precinct, township or ward would change the result as to that office. History: [(34-2003) 1890-1891, p. 57, sec. 134; reen. 1899, […]
34-2004. JURISDICTION — CONTESTS OVER JUDICIAL OFFICES. The Supreme Court shall hear and determine contests of the election of judges of the Supreme Court and appellate court and judges of the district courts, and in case they shall disagree, the governor shall act with them in determining the contest, but no judge of the Supreme […]
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 […]
34-2006. JURISDICTION — COUNTY AND PRECINCT OFFICERS. The district courts shall hear and determine contests of all other county, township and precinct officers, and officers of the cities and incorporated villages within the county. History: [(34-2006) 1890-1891, p. 57, sec. 139; reen. 1899, p. 33, sec. 126; reen. R.C. & C.L., sec. 5031; C.S., sec. […]
34-2007. WHO MAY CONTEST ELECTIONS. The election of any person declared elected to any office, other than executive state officers and members of the legislature, may be contested by any elector of the state, judicial district, county, township, precinct, city or incorporated village in and for which the person is declared elected. History: [(34-2007) 1890-1891, […]
34-2008. COMPLAINT AND SECURITY FOR COSTS. The contestants shall file in the proper court, within twenty (20) days after the votes are canvassed, a complaint setting forth the name of the contestant, and that he is an elector competent to contest such election; the name of the incumbent, the office contested, the time of the […]
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 […]
34-2010. ISSUANCE OF SUMMONS. Upon the filing of such complaint summons shall issue against the person whose office is contested, as prescribed in the Idaho Rules of Civil Procedure. History: [(34-2010) 1890-1891, p. 57, sec. 151; reen. 1899, p. 33, sec. 138; reen. R.C. & C.L., sec. 5035; C.S., sec. 7283; I.C.A., sec. 33-1710; am. […]
34-2011. TIME FOR TRIAL. The cause shall stand for trial at the expiration of thirty (30) days from the time of service of the summons and complaint, if the court shall then be in session; otherwise, on the first day of the next term thereafter. History: [(34-2011) 1890-1891, p. 57, sec. 152; reen. 1899, p. […]
34-2012. POSTPONEMENT OF TRIAL. The trial shall proceed at the time appointed, unless postponed for good cause shown by affidavit, the terms of which postponement are in the discretion of the court. History: [(34-2012) 1890-1891, p. 57, sec. 153; reen. 1899, p. 33, sec. 140; reen. R.C. & C.L., sec. 5037; C.S., sec. 7285; I.C.A., […]
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 […]
34-2014. TESTIMONY — SUBPOENA FOR WITNESSES. The testimony may be oral, or by depositions taken pursuant to the Idaho Rules of Civil Procedure. Subpoenas for witnesses may be issued pursuant to the Idaho Rules of Civil Procedure. History: [(34-2014) 1890-1891, p. 57, sec. 155; reen. 1899, p. 33, sec. 142; reen. R.C. & C.L., sec. […]
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 […]
34-2016. FORM AND SERVICE OF PROCESS. The style, form and manner of service of process and papers, and the fees of officers and witnesses shall be the same as in other cases in the court where the cause is tried. History: [(34-2016) 1890-1891, p. 57, sec. 157; reen. 1899, p. 33, sec. 144; reen. R.C. […]
34-2017. VOTERS TO TESTIFY AS TO QUALIFICATIONS. (a) The court may require any person called as a witness, who voted at such election, to answer touching his qualifications as a voter; and if he was not a qualified voter in the county where he voted, then to answer for whom he voted; and if the […]
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 […]
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 […]
