Section 34-2121 – JURISDICTION OVER PRIMARY CONTESTS.
34-2121. JURISDICTION OVER PRIMARY CONTESTS. A district court in the respective legislative district has jurisdiction over the primary contest involving a legislative election. For election contests involving statewide executive offices, the district court whose jurisdiction includes the state capitol has jurisdiction. History: [34-2121, added 2017, ch. 293, sec. 2, p. 774.]
Section 34-2122 – FILING OF AFFIDAVIT.
34-2122. FILING OF AFFIDAVIT. A candidate wishing to contest a primary election must file an affidavit with the appropriate court within five (5) days of the completion of the canvass of the election. The affidavit must set forth information as required in section 34-2108, Idaho Code, and must be served on all necessary parties in […]
Section 34-2123 – SECURITY FOR COSTS.
34-2123. SECURITY FOR COSTS. Upon filing of the affidavit, the contestor must file with the court a bond in the amount of one thousand dollars ($1,000) to be used to pay costs of the contestee in the event the primary election be confirmed or the prosecution fail. History: [34-2123, added 2017, ch. 293, sec. 2, […]
Section 34-2124 – FRAUD OR ERROR BY THE ELECTION OFFICIAL.
34-2124. FRAUD OR ERROR BY THE ELECTION OFFICIAL. If the primary election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the election returns, the court costs must be a charge against the state of Idaho. History: [34-2124, added 2017, ch. […]
Section 34-2125 – DISCOVERY.
34-2125. DISCOVERY. The court may order the production of such evidence as it deems necessary for the proper disposition of the primary contest pursuant to the Idaho rules of civil procedure. The election contest must be given priority on the court’s calendar. History: [34-2125, added 2017, ch. 293, sec. 2, p. 774.]
Section 34-2110 – EXAMINATION OF WITNESSES — SUBPOENAS.
34-2110. EXAMINATION OF WITNESSES — SUBPOENAS. Unless otherwise provided for in legislative rule, the following provisions apply: (1) 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 […]
Section 34-2111 – TESTIMONY — HOW TAKEN, CERTIFIED AND PRESERVED.
34-2111. TESTIMONY — HOW TAKEN, CERTIFIED AND PRESERVED. The testimony by deposition upon oral examination must be taken and preserved pursuant to the provisions of the Idaho rules of civil procedure. The deposition record must be entitled: "Deposition taken in the matter of the contest of the election of [INSERT NAME OF CONTESTEE HERE] to […]
Section 34-2112 – PRODUCTION OF PAPERS — REFUSAL OR NEGLECT TO PRODUCE A MISDEMEANOR.
34-2112. PRODUCTION OF PAPERS — REFUSAL OR NEGLECT TO PRODUCE A MISDEMEANOR. The presiding officer has power to require the production of papers. Any person who refuses or neglects to produce and deliver any paper or papers in his possession pertaining to the election or, in case they be official papers, refuses or neglects to […]
Section 34-2113 – EXAMINATION OF POLL BOOKS AND BALLOTS.
34-2113. EXAMINATION OF POLL BOOKS AND BALLOTS. (1) Except as provided in subsection (2) of this section, if, at the time of taking depositions to be used in a contested election, the notice of contest alleges that it is necessary for the determination of the contest that the ballots or the poll books of any […]
Section 34-2101 – SHORT TITLE — INTENT.
34-2101. SHORT TITLE — INTENT. (1) This chapter shall be known and may be cited as the "Election Contests Act." (2) 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: [34-2101, added 2017, ch. 293, […]