Section 34-2036 – COST ON APPEAL.
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.]
Section 34-2030 – FILING OF AFFIDAVIT.
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 […]
Section 34-2031 – SECURITY FOR COSTS.
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, […]
Section 34-2032 – FRAUD OR ERROR BY THE ELECTION OFFICIAL.
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. […]
Section 34-2033 – DISCOVERY.
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.]
Section 34-2034 – REMEDIES.
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.]
Section 34-2035 – APPEALS.
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 […]
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 […]