Section 34-2018 – INSPECTION OF BALLOTS AND POLL BOOKS.
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 […]
Section 34-2019 – BALLOTS AND POLL BOOKS — RETURN TO COUNTY AUDITOR.
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 […]
Section 34-2020 – LIABILITY FOR COSTS.
34-2020. LIABILITY FOR COSTS. (a) 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 […]
Section 34-2021 – FORM OF JUDGMENT.
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 […]
Section 34-2022 – DETERMINATION OF TIE VOTE.
34-2022. DETERMINATION OF TIE VOTE. If it appears that two (2) or more persons have–or would have had if the legal ballots cast or intended to be cast for them had been counted–the highest and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such […]
Section 34-2023 – ORDER FOR POSSESSION.
34-2023. ORDER FOR POSSESSION. When either the contestant or incumbent shall be in possession of the office by holding over, or otherwise, the court shall, if the judgment be against the party so in possession of the office and in favor of his antagonist, issue an order to carry into effect the judgment of the […]
Section 34-2024 – ELECTION DECLARED VOID.
34-2024. ELECTION DECLARED VOID. 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 shall not be declared elected, but […]
Section 34-2025 – APPEAL AND SUPERSEDEAS.
34-2025. APPEAL AND SUPERSEDEAS. (a) 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 […]
Section 34-2010 – ISSUANCE OF SUMMONS.
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. […]
Section 34-2026 – JUDGMENT OF AFFIRMANCE.
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 […]