Section 34-2127 – APPEALS.
34-2127. APPEALS. (1) 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 must be taken within ten (10) days of the judgment of the district court. (2) The supreme court must give the primary contest appeal priority and […]
Section 34-2128 – COST ON APPEAL.
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: [34-2128, added 2017, ch. 293, sec. 2, p. 775.]
Section 34-2114 – CONTEST PAPERS DELIVERED TO PRESIDING OFFICERS.
34-2114. CONTEST PAPERS DELIVERED TO PRESIDING OFFICERS. (1) 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. (2) House of representatives election contests. On […]
Section 34-2115 – NOTICE OF RECEIVING PAPERS.
34-2115. NOTICE OF RECEIVING PAPERS. (1) 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. (2) House of representatives […]
Section 34-2116 – OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE.
34-2116. OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE. (1) 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 […]
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, […]
Section 34-2102 – DEFINITIONS.
34-2102. DEFINITIONS. For the purposes of this chapter, the following terms have the following meanings: (1) "Body" means the Idaho senate or the Idaho house of representatives or both. (2) "Contestee" means the individual against whom the contest of election is filed. (3) "Contestor" means the individual who files the contest of election. (4) "Elector" […]
Section 34-2103 – JURISDICTION — CONTESTS OVER LEGISLATIVE OFFICES — CONTESTS OVER EXECUTIVE OFFICES.
34-2103. JURISDICTION — CONTESTS OVER LEGISLATIVE OFFICES — CONTESTS OVER EXECUTIVE OFFICES. (1) Contests over legislative offices. (a) The senate will hear and determine contests of the election of its members. (b) The house of representatives will hear and determine contests of the election of its members. (2) Contests over executive offices. The legislature, in […]
Section 34-2104 – GROUNDS OF CONTEST.
34-2104. GROUNDS OF CONTEST. The election of any person to any legislative or state executive office may be contested: (1) 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) […]
Section 34-2105 – LEGISLATIVE RULES.
34-2105. LEGISLATIVE RULES. In addition to the provisions of this chapter, the legislature may provide: (1) Senate rules regarding senate election contests. (2) House of representatives rules regarding house of representatives election contests. (3) Joint rules regarding executive department election contests. In the event the provisions of this chapter are inconsistent with legislative rules, the […]