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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
34-2027. COST OF BOND ON APPEAL. If upon appeal the appellant shall not be in possession of the office, he shall give bond, with security to be approved by the court where the judgment is rendered, conditioned to pay all costs that may be adjudged against him upon such appeal. History: [(34-2027) 1890-1891, p. 57, […]
34-2028. CONTEST OF NOMINATION AT PRIMARIES. A candidate at a primary election may contest the nomination of any candidate for the same office based upon the grounds as set out in this chapter. History: [34-2028, added 1982, ch. 209, sec. 10, p. 576.]
34-2029. JURISDICTION OVER PRIMARY CONTEST. The district court in the respective county in which the alleged error or omission occurred shall be the court in which jurisdiction shall rest. History: [34-2029, added 1982, ch. 209, sec. 11, p. 576.]
34-2030. FILING OF AFFIDAVIT. A candidate wishing to contest a primary election shall file an affidavit with the appropriate court within five (5) days of the completion of the canvass of the election. The affidavit shall set forth information as required in section 34-2008, Idaho Code. The affidavit shall be served on all necessary parties […]
34-2031. SECURITY FOR COSTS. Upon filing of the affidavit the contestant shall file with the court a bond, in the amount of five hundred dollars ($500), to be used to pay costs of the contestee in the event the primary election be confirmed or the prosecution fail. History: [34-2031, added 1982, ch. 209, sec. 13, […]
34-2032. FRAUD OR ERROR BY THE ELECTION OFFICIAL. If the primary election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the election returns, the contest costs shall be a charge against the county or city where the election was held. […]
34-2033. DISCOVERY. The court may order the production of such evidence as it deems necessary for the proper disposition of the primary contest pursuant to the Idaho Rules of Civil Procedure. The election contest shall be given priority on the court’s calendar. History: [34-2033, added 1982, ch. 209, sec. 15, p. 577.]
34-2034. REMEDIES. The court shall render an opinion in a primary contest as soon as is reasonably possible and shall prescribe such remedies as provided in this chapter as it deems just. History: [34-2034, added 1982, ch. 209, sec. 16, p. 577.]
34-2035. APPEALS. (a) In primary election contests, the party against whom judgment is rendered on cases filed in the district court may appeal to the Supreme Court. The appeal shall be taken within ten (10) days of the judgment by the district court. (b) The Supreme Court shall give the primary contest appeal priority on […]
34-2036. COST ON APPEAL. The appellant shall file a bond sufficient to cover the cost of appeal of a primary contest. Costs shall be awarded to the prevailing party on appeal. The amount of the bond on appeal shall be set by the court. History: [34-2036, added 1982, ch. 209, sec. 18, p. 578.]
