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 […]
Section 34-2106 – CONTEST FOR LEGISLATIVE OFFICES — EXCEPTION REGARDING PRESIDING OFFICERS.
34-2106. CONTEST FOR LEGISLATIVE OFFICES — EXCEPTION REGARDING PRESIDING OFFICERS. Notwithstanding the provisions of sections 34-2101 through 34-2119, Idaho Code, in the event a presiding officer occupies the legislative seat that is the subject of an election contest, the majority leader or the next available and willing member of majority leadership of the appropriate body […]
Section 34-2107 – MISCONDUCT OF ELECTION JUDGES — WHEN SUFFICIENT TO SET ASIDE AN ELECTION.
34-2107. MISCONDUCT OF ELECTION JUDGES — WHEN SUFFICIENT TO SET ASIDE AN ELECTION. Misconduct on the part of the judges of election is sufficient to set aside the election if the misconduct would change the result regarding that office. History: [34-2107, added 2017, ch. 293, sec. 2, p. 769.]
Section 34-2108 – NOTICE OF CONTEST — LEGISLATIVE — EXECUTIVE DEPARTMENT — GROUNDS — SERVICE — ANTICIPATED DISCOVERY.
34-2108. NOTICE OF CONTEST — LEGISLATIVE — EXECUTIVE DEPARTMENT — GROUNDS — SERVICE — ANTICIPATED DISCOVERY. (1) Legislative contest. Within twenty (20) days after the election, whenever any elector of a legislative district chooses to contest the election of any member of the legislature from that district, the elector must give written notice of the […]
Section 34-2109 – SUMMARY DISMISSAL.
34-2109. SUMMARY DISMISSAL. (1) If the notice of contest fails to recite any grounds required by section 34-2104, Idaho Code, or fails to identify anticipated discovery as provided in section 34-2108, Idaho Code, or the contestor fails to timely post bond as provided in section 34-2118, Idaho Code, or the contestor otherwise fails to comply […]
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 […]