Idaho Glossary

34-1201.  CANVASS OF VOTES. (1) When the polls are closed the judges must immediately proceed to count the ballots cast at such election. The counting must be continued without adjournment until completed and the result declared.

(2)  If the precinct has duplicate ballot boxes, the counting may begin after five (5) ballots have been cast. At this time, the additional clerks shall close the first ballot box and retire to the counting area and count the ballots. Upon completion of this counting, the clerks shall return the ballot box and then proceed to count all of the ballots cast in the second box during this period. This counting shall continue until the polls are closed at which time all election personnel shall complete the counting of the ballots.

(3)  The county clerk may designate paper ballots be returned to a central count location for counting by special counting boards. If the paper ballots are to be counted at a central count location, a procedure may be adopted to deliver the voted ballots to the county clerk prior to the closing of the polls. The results of this early count shall not be released to the public until after 8:00 p.m. of election day.

(4)  After being counted, all ballots shall be sealed and stored until such time as the recount period has passed or a recount has been completed.

History:

[34-1201, added 1970, ch. 140, sec. 185, p. 351; am. 2011, ch. 285, sec. 11, p. 783; am. 2020, ch. 78, sec. 1, p. 168.]

34-1202.  COMPARISON OF POLL LISTS AND BALLOTS — VOID BALLOTS. The counting must commence by comparison of the ballots and the poll lists from the commencement, and a correction of any mistake that may be found therein, until they are found to agree. The ballot box shall be opened and the ballots found therein counted by the judges, unopened and the number of ballots in the box must agree with the number marked in the poll book as having received a ballot, and this number, together with the number of spoiled ballots, must agree with the number of stubs or counterfoils in the books from which the ballots have been taken. If the number of ballots issued does not agree with the number of stubs or counterfoils, the election judges shall have authority to make any decision to correct the situation; but this shall not be construed to allow the judges to void all ballots cast at that polling place.

When duplicate ballot boxes are used in a precinct, the duties herein prescribed shall be done after all of the votes have been tallied.

History:

[34-1202, added 1970, ch. 140, sec. 186, p. 351; am. 1995, ch. 215, sec. 15, p. 753.]

34-1202A.  VOID BALLOT NOT COUNTED. At any bond election conducted by the state of Idaho, its agencies, institutions, political subdivisions and municipal and quasi-municipal corporations, any ballot or part of a ballot from which it is impossible to determine the elector’s choice shall be void and shall not be counted. It is hereby declared that any qualified elector casting such ballot or part of a ballot shall be deemed not to have voted at or participated in such bond election and such ballot or part of a ballot shall not be counted in determining the number of qualified electors voting at or participating in such bond election.

History:

[34-1202A, added 1978, ch. 51, sec. 1, p. 96.]

34-1203.  COUNTING OF BALLOTS — CERTIFICATES OF JUDGES. (1) The ballots and polls lists agreeing, the election personnel shall then proceed to tally the votes cast. Under each office title the number of votes for each candidate and such other information required by the secretary of state shall be entered in the tally books together with the total of the above figures in the manner prescribed by the secretary of state. Any ballot or part of a ballot from which it is impossible to determine the elector’s choice, shall be void and shall not be counted. When a ballot is sufficiently plain to determine therefrom a part of the voter’s intention, it shall be the duty of the judges to count such part.

(2)  Following the counting, the judges must transmit a copy of the results to the county clerk.

(3)  In no event shall the results of any count be released to the public until all voting places in the state have closed on election day.

(4)  The secretary of state shall issue directives or promulgate administrative rules adopting standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in this state.

History:

[34-1203, added 1970, ch. 140, sec. 187, p. 351; am. 1981, ch. 109, sec. 1, p. 163; am. 2003, ch. 48, sec. 12, p. 186; am. 2016, ch. 272, sec. 1, p. 749.]

34-1204.  TRANSMISSION OF SUPPLIES TO COUNTY CLERK. After the counting of the votes, the judges of the election shall enclose and seal the combination election record and poll book, tally books, all ballot stubs, unused ballot books, and other supplies in a suitable container and deliver them to the county clerk’s office. If the office of the county clerk is closed, the articles shall be delivered to the sheriff or one (1) of his deputies who shall deliver them to the county clerk no later than the day after the election.

History:

[34-1204, added 1970, ch. 140, sec. 188, p. 351; am. 1972, ch. 193, sec. 1, p. 480.]

34-1205.  COUNTY BOARD OF CANVASSERS — MEETINGS. The county board of commissioners shall be the county board of canvassers and the county clerk shall serve as their secretary for this purpose. The county board of canvassers shall meet within seven (7) days after a primary or presidential primary election and within ten (10) days after a general election for the purpose of canvassing the election returns of all precincts within the county.

History:

[34-1205, added 1970, ch. 140, sec. 189, p. 351; am. 1972, ch. 193, sec. 2, p. 480; am. 1975, ch. 174, sec. 15, p. 469; am. 2012, ch. 33, sec. 13, p. 104; am. 2015, ch. 292, sec. 9, p. 1171.]

34-1206.  BOARD’S STATEMENT OF VOTES CAST. The board shall examine and make a statement of the total number of votes cast for all candidates or special questions that shall have been voted upon at the election. The statement shall set forth the special questions and the names of the candidates for whom the votes have been cast. It shall also include the total number of votes cast for each candidate for office by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code, and the total number of affirmative and negative votes cast for any special question by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code. The board shall certify that such statement is true, subscribe their names thereto, and deliver it to the county clerk.

History:

[34-1206, added 1970, ch. 140, sec. 190, p. 351; am. 2012, ch. 211, sec. 7, p. 576.]

34-1207.  ABSTRACTS OF RETURNS. After the canvass of the votes for each office the board shall cause the county clerk to make abstracts of the returns for each candidate which shall then be signed by each member of the board. The abstracts shall be in a form prescribed by the secretary of state and be uniform throughout the state.

The county clerk, by registered mail, shall forward to the secretary of state the abstracts for all candidates for federal, state or district offices.

History:

[34-1207, added 1970, ch. 140, sec. 191, p. 351.]

34-1208.  CERTIFICATES OF NOMINATION OR ELECTION. Immediately after the primary election canvass the county clerk shall issue certificates of nomination to the political party candidates of each party who receive the highest number of votes for their particular county office, and the candidates so certified shall have their names placed on the general election ballot. On or before the eighth day after the primary election canvass, the county clerk shall issue certificates of election to the precinct committeemen of each political party who receive the highest number of votes in their precinct. Provided that to be elected, a precinct committeeman shall receive a minimum of five (5) votes. In the event no candidate receives the minimum number of votes required to be elected, a vacancy in the office shall exist and shall be filled as otherwise provided by law. The county clerk shall also certify by registered mail the results of the primary election to the secretary of state. The form for such certificate shall be prescribed by the secretary of state and be uniform throughout the state.

History:

[34-1208, added 1970, ch. 140, sec. 192, p. 351; am. 1975, ch. 174, sec. 18, p. 469; am. 1977, ch. 17, sec. 1, p. 35; am. 1979, ch. 309, sec. 11, p. 838; am. 1991, ch. 117, sec. 1, p. 246; am. 2012, ch. 33, sec. 14, p. 104.]

34-1209.  CERTIFICATES OF ELECTION TO COUNTY CANDIDATES AFTER GENERAL ELECTION. Immediately after the general election canvass, the county clerk shall issue a certificate of election to the county candidates who received the highest number of votes for that particular office and they shall be considered duly elected to assume the duties of the office for the next ensuing term.

History:

[34-1209, added 1970, ch. 140, sec. 193, p. 351.]

34-1210.  TIE VOTES IN COUNTY ELECTIONS. In the case of a tie vote between candidates at a primary election or general election, the interested candidates shall appear before the county clerk within two (2) days after the canvass and the tie shall be determined by a toss of a coin.

History:

[34-1210, added 1970, ch. 140, sec. 194, p. 351.]

34-1211.  STATE BOARD OF CANVASSERS — MEETINGS. The secretary of state, state controller and state treasurer shall constitute the state board of canvassers. The functions of the board shall be election functions, and the secretary of state shall be chairman of the board. The state board of canvassers shall meet within fifteen (15) days after the primary election and within fifteen (15) days after the general election in the office of the secretary of state for the purpose of canvassing the abstracts of votes cast for all candidates for federal, state and district offices.

History:

[34-1211, added 1970, ch. 140, sec. 195, p. 351; am. 1972, ch. 193, sec. 3, p. 480; am. 1974, ch. 5, sec. 1, p. 23; am. 1994, ch. 181, sec. 2, p. 576.]

34-1212.  EXAMINATION AND CERTIFICATION OF COUNTY CANVASSES BY STATE BOARD. The board shall examine the abstracts of votes from the county canvasses and make a statement of the total number of votes cast for all federal, state and district candidates or special questions that shall have been voted upon at the election. The statement shall set forth the special questions and the names of the candidates for whom the votes have been cast. It shall also include the total number of votes cast for each candidate for office by county and legislative district, and the total number of affirmative and negative votes cast for any special question by county. The board shall certify that such statement is true, subscribe their names thereto, and deliver it to the secretary of state.

History:

[34-1212, added 1970, ch. 140, sec. 196, p. 351.]

34-1213.  CERTIFICATION OF CANVASS OF ABSTRACTS BY BOARD. After the canvass of the abstracts, the board shall make a statement of the total number of votes cast at any such election for all the candidates for federal, state or district offices, which statement shall show the names of the persons to whom such votes shall have been cast for the particular offices and the total number cast to each, distinguishing the several districts, counties and precincts in which they were given. They shall certify such statement to be correct, and subscribe their names thereto.

History:

[34-1213, added 1970, ch. 140, sec. 197, p. 351.]

34-1214.  CERTIFICATES OF NOMINATION OR ELECTION TO FEDERAL, STATE, DISTRICT OR NONPARTISAN OFFICES AFTER PRIMARY. (1) Immediately after the primary election canvass, the secretary of state shall issue certificates of nomination to the political party candidates of each party who receive the highest number of votes for their particular federal, state or district office. The candidates so certified shall have their names placed on the general election ballot.

(2)  Immediately after the primary election canvass, the secretary of state shall issue certificates of nomination to the nonpartisan candidate or candidates who receive the highest number of votes for the number of vacancies which are to be filled for a particular office and also to the same number of candidates who receive the second highest number of votes for the particular office. The candidates so certified shall have their names placed on the general election ballot. If it appears from the canvass that a particular candidate has received a majority of the total vote cast for the particular office, he shall be issued a certificate of election instead of a certificate of nomination and no candidates shall run for the particular office in the general election.

History:

[34-1214, added 1970, ch. 140, sec. 198, p. 351.]

34-1215.  CERTIFICATES OF ELECTION TO FEDERAL, STATE AND DISTRICT OFFICES AFTER GENERAL ELECTION. Immediately after the general election canvass, the secretary of state shall issue certificates of election to the federal, state and district candidates who received the highest number of votes for the particular office and they shall be considered duly elected to assume the duties of the office for the next ensuing term.

History:

[34-1215, added 1970, ch. 140, sec. 200, p. 351.]

34-1216.  TIE VOTES — IN STATE OR DISTRICT ELECTIONS. In the case of a tie vote between the candidates at a primary or general election, the interested parties or their authorized agents shall appear before the secretary of state within two (2) days after the canvass and the tie shall be determined by a toss of a coin.

History:

[34-1216, added 1970, ch. 140, sec. 201, p. 351.]

34-1217.  CANVASSING RETURNS OF JUDICIAL ELECTIONS — CERTIFICATES OF NOMINATION OR ELECTION. The board of county commissioners shall canvass the returns of the judicial nominating election at the time the returns of the primary election are canvassed, shall determine, and cause the county clerk to certify to the secretary of state, the result of said judicial nominating election. In such certificate the clerk shall set forth, following the name of each justice of the supreme court and each district judge for whom a successor is to be elected at the general election in that year, the vote received by each person who had declared himself to be, and who had been voted for as, a candidate to succeed such justice or district judge.

The returns so made to the secretary of state by the county clerk shall be canvassed by the state board of canvassers at the time the other returns of said primary election are canvassed.

If it appears to the state board of canvassers upon the official canvass that at such judicial nominating election any candidate received a majority of all the votes cast for candidates to succeed a particular justice of the supreme court or district judge, said board shall certify to the secretary of state as duly elected to such office the name of the candidate who received such majority and such candidate whose name is so certified shall receive and the secretary of state shall issue and deliver to him a certificate of election to such office and he shall not be required to stand for election at the general election following.

In the event no candidate received a majority of all votes cast for candidates to succeed a particular justice of the supreme court or a particular district judge, the two (2) candidates receiving the greater number of votes cast for all candidates to succeed such justice of the supreme court or such district judge shall be and shall be declared to be nominees to succeed such justice or such district judge and their names as such nominees shall be placed on the official judicial ballot at the general election next following. The secretary of state shall certify the names of such nominees, including with each the name of the incumbent in office whom such candidates were nominated to succeed, to the county clerks at the time he certifies the names of candidates for other offices certified by him; provided, however, if another be appointed to succeed the incumbent person named on such judicial nominating ballot, the secretary of state shall insert in such certificate or in amendment thereto the name of the appointee in the place of the name of the incumbent person named on such judicial nominating ballot.

History:

[34-1217, added 1970, ch. 231, sec. 12, p. 643; am. 1971, ch. 131, sec. 1, p. 513.]

34-1101.  OPENING AND CLOSING OF POLLS. (1) At all elections conducted pursuant to title 34, Idaho Code, the polls shall be opened at 8:00 A.M. and remain open until all registered electors of that precinct have appeared and voted or until 8:00 P.M. of the same day, whichever comes first. The county clerk, at his option, however, may open the polls in his county at 7:00 A.M. for a primary or general election.

(2)  Upon opening the polls, one (1) of the judges shall make the proclamation of the same and thirty (30) minutes before closing the polls a proclamation shall be made in the same manner. Any elector who is in line at 8:00 P.M. shall be allowed to vote notwithstanding the pronouncement that the polls are closed.

History:

[34-1101, added 1970, ch. 140, sec. 173, p. 351; am. 1972, ch. 349, sec. 1, p. 1033; am. 1973, ch. 304, sec. 11, p. 646; am. 1993, ch. 313, sec. 12, p. 1163.]

34-1102.  CHANGING POLLING PLACE — PROCLAMATION AND NOTICE. Whenever it shall become impossible or inconvenient to hold an election at the place designated therefor, the judges of election, after assembling and before receiving any vote, may adjourn to the nearest convenient place for holding the election, and at such adjourned place forthwith proceed with the election and the county clerk shall be notified of the change.

Upon adjourning any election, the judges shall cause proclamation thereof to be made, and shall post a notice upon the place where the adjournment was made from notifying electors of the change of polling place.

History:

[34-1102, added 1970, ch. 140, sec. 174, p. 351.]

34-1103.  OPENING BALLOT BOXES. (1) In the presence of bystanders the judges of elections shall break the sealed packages of election ballots and other supplies.

(2)  Before receiving any ballots the judges shall open and exhibit, close and lock the ballot boxes, and thereafter they shall not be removed from the polling place until all ballots are counted. They shall not be opened until the polls are closed unless the precinct is using a duplicate set of ballot boxes.

History:

[34-1103, added 1970, ch. 140, sec. 175, p. 351; am. 2013, ch. 285, sec. 5, p. 737.]

34-1104.  JUDGES MAY ADMINISTER OATHS — CHALLENGE OF VOTERS. Any judge may administer and certify any oath required to be administered during the progress of an election or challenge any elector.

History:

[34-1104, added 1970, ch. 140, sec. 176, p. 351.]

34-1105.  DUTIES OF CONSTABLE. The judges of election may appoint some capable person to act as election constable during the election, and he shall have the power to make arrests for disturbance of the peace, as provided by law for constables, and he shall allow no one within the voting area except those who go to vote, and shall allow but one elector in a compartment at one time. He shall remain and keep order at the polling place until all of the votes are tallied.

History:

[34-1105, added 1970, ch. 140, sec. 177, p. 351.]

34-1106.  SIGNING COMBINATION ELECTION RECORD AND POLL BOOK — DELIVERY OF BALLOT TO ELECTOR. (1) An elector desiring to vote shall state his name and address to the judge or clerk in charge of the combination election record and poll book.

(2)  Before receiving his ballot, each elector shall sign his name in the combination election record and poll book following his name therein and show a valid photo identification as provided for in section 34-1113, Idaho Code, or personal identification affidavit as provided for in section 34-1114, Idaho Code.

(3)  No person shall knowingly sign his name in the combination election record and poll book if his residence address is not within that precinct at the time of signing.

(4)  If the residence address of a person contained in the combination election record and poll book is incorrectly given due to an error in preparation of the combination election record and poll book, the judge shall ascertain the correct address and make the necessary correction.

(5)  The elector shall then be given the appropriate ballots which have been marked with the official election ballot identification and shall be given folding instructions for such ballots.

History:

[34-1106, added 1970, ch. 140, sec. 178, p. 351; am. 1972, ch. 349, sec. 2, p. 1033; am. 2010, ch. 246, sec. 1, p. 634; am. 2013, ch. 285, sec. 6, p. 737.]

34-1106A.  ELECTRONIC POLL BOOK AUTHORIZED. (1) A county may adopt the use of any electronic poll book that has been certified by the secretary of state for use in this state. A county that opts to use electronic poll books shall notify the secretary of state of that decision.

(2)  The secretary of state shall develop and provide to each county that adopts the use of electronic polls books under subsection (1) of this section instructions, directives and advisories regarding the examination, testing and use of the electronic poll books.

History:

[34-1106A, added 2015, ch. 282, sec. 6, p. 1149.]

34-1107.  MANNER OF VOTING. On receipt of his ballot the elector shall retire to a vacant voting booth and mark his ballot according to the instructions provided by law.

After marking his ballot, the elector shall present himself to the judge at the ballot box and state his name and residence. The elector shall then deposit his ballot in the proper box or hand his ballot to the election judge, who shall deposit it. The judge shall then record that the elector has voted and proclaim the same in an audible voice.

History:

[34-1107, added 1970, ch. 140, sec. 179, p. 351; am. 1971, ch. 129, sec. 1, p. 510; am. 1972, ch. 349, sec. 3, p. 1033; am. 1973, ch. 304, sec. 12, p. 646; am. 2007, ch. 202, sec. 6, p. 622.]

34-1108.  ASSISTANCE TO VOTER. (1) If any registered elector is unable, due to physical or other disability, to enter the polling place, he may be handed a ballot outside the polling place but within forty (40) feet thereof by one (1) of the election clerks, and in his presence but in a secret manner, mark and return the same to such election officer who shall proceed as provided by law to record the ballot.

(2)  If any registered elector, who is unable by reason of physical or other disability to record his vote by personally marking his ballot and who desires to vote, then and in that case such elector shall be given assistance by the person of his choice or by one (1) of the election clerks. Such clerk or selected person shall mark the ballot in the manner directed by the elector and fold it properly and present it to the elector before leaving the voting compartment or area provided for such purpose. The elector shall then present it to the judge of election in the manner provided above.

History:

[34-1108, added 1970, ch. 140, sec. 180, p. 351; am. 1972, ch. 349, sec. 4, p. 1033; am. 1978, ch. 37, sec. 1, p. 66; am. 2010, ch. 235, sec. 19, p. 557.]

34-1109.  SPOILED BALLOTS. No person shall take or remove any ballot from the polling place. If an elector inadvertently or by mistake spoils a ballot, he shall return it folded to the distributing clerk, who shall give him another ballot. The ballot thus returned shall, without examination, be immediately cancelled by writing across the back, or outside of the ballot as folded, the words "spoiled ballot, another issued," and deposit the spoiled ballot in a box provided for that purpose.

History:

[34-1109, added 1970, ch. 140, sec. 181, p. 351.]

34-1110.  OFFICERS NOT TO DIVULGE INFORMATION. No judge or clerk shall communicate to anyone any information as to the name or number on the registry list of any elector who has not applied for a ballot, or who has not voted at the polling place; and no judge, clerk or other person whomsoever, shall interfere with, or attempt to interfere with, a voter when marking his ballot. No judge, clerk or other person shall, directly or indirectly, attempt to induce any voter to display his ticket after he shall have marked the same, or to make known to any person the name of any candidate for or against whom he may have voted.

History:

[34-1110, added 1970, ch. 140, sec. 182, p. 351.]

34-1111.  CHALLENGING VOTERS. In case any person offering to vote is challenged one (1) of the judges must declare the qualifications of an elector to such person. If the person so challenged then declares himself duly qualified, and the challenge is not withdrawn, one (1) of the judges shall then tender him the elector’s oath, as prescribed by the secretary of state. No challenged elector shall have the right to vote until he has subscribed to the elector’s oath. Upon a challenged elector’s subscribing the elector’s oath, he shall be entitled to vote.

History:

[34-1111, added 1970, ch. 140, sec. 183, p. 351.]

34-1112.  HANDBOOK OF ELECTOR’S QUALIFICATIONS. The secretary of state shall prepare a handbook which sets forth the qualifications of an elector which shall aid the judges of election to determine whether a person is qualified to vote at the election.

A sufficient number of these handbooks shall be transmitted to each county clerk who shall provide each polling place with a sufficient number of copies.

History:

[34-1112, added 1970, ch. 140, sec. 184, p. 351; am. 1972, ch. 349, sec. 5, p. 1033.]

34-1113.  IDENTIFICATION AT THE POLLS. All voters shall be required to provide personal identification before voting at the polls or at absent electors polling places as required by section 34-1006, Idaho Code. The personal identification that may be presented shall be one (1) of the following:

(1) An Idaho driver’s license or identification card issued by the Idaho transportation department;

(2)  A passport or an identification card, including a photograph, issued by an agency of the United States government;

(3)  A tribal identification card, including a photograph;

(4)  A current student identification card, including a photograph, issued by a high school or an accredited institution of higher education, including a university, college or technical school, located within the state of Idaho; or

(5)  A license to carry concealed weapons issued under section 18-3302, Idaho Code, or an enhanced license to carry concealed weapons issued under section 18-3302K, Idaho Code.

History:

[34-1113, added 2010, ch. 246, sec. 2, p. 635; am. 2017, ch. 132, sec. 1, p. 310.]

34-1114.  AFFIDAVIT IN LIEU OF PERSONAL IDENTIFICATION. If a voter is not able to present personal identification as required in section 34-1113, Idaho Code, the voter may complete an affidavit in lieu of the personal identification. The affidavit shall be on a form prescribed by the secretary of state and shall require the voter to provide the voter’s name and address. The voter shall sign the affidavit. Any person who knowingly provides false, erroneous or inaccurate information on such affidavit shall be guilty of a felony.

History:

[34-1114, added 2010, ch. 246, sec. 3, p. 635.]

34-2201.  ELECTION OF DELEGATES. Whenever the Congress of the United States has proposed, or shall hereafter propose, an amendment to the Constitution of the United States, and proposes that it be ratified by conventions in the several states, the governor shall fix by proclamation the date of an election, subject to the provisions of section 34-106, Idaho Code, for the purpose of electing delegates to such convention in the state of Idaho. The proclamation for such election shall be issued by the governor under his hand and the great seal of the state of Idaho at least ninety (90) days before such election and copies thereof shall be transmitted to the board of county commissioners of the counties in which such elections are to be held. Such election shall be held at least as soon as the next general election occurring more than three (3) months after the amendment has been proposed by the Congress of the United States.

History:

[34-2201, added 1933, ch. 179, sec. 1, p. 328; am. 1995, ch. 118, sec. 47, p. 467.]

34-2202.  QUALIFICATIONS OF VOTERS. At such election all persons qualified to vote for presidential electors shall be entitled to vote.

History:

[34-2202, added 1933, ch. 179, sec. 2, p. 328.]

34-2203.  ASCERTAINMENT AND CERTIFICATION OF RESULTS — GENERAL ELECTION LAWS APPLICABLE. Except as in this act otherwise provided, such election shall be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of presidential electors in this state, and all the provisions of the laws of this state relative to general elections, except in so far as inconsistent with sections 34-2201—34-2216, are hereby made applicable to such election.

History:

[34-2203, added 1933, ch. 179, sec. 3, p. 328.]

34-2204.  NUMBER OF DELEGATES. The number of delegates to be chosen to such convention shall be twenty-one (21), to be elected from the state at large.

History:

[34-2204, added 1933, ch. 179, sec. 4, p. 328.]

34-2205.  QUALIFICATIONS OF DELEGATES — NOMINATING PETITIONS — DECLARATIONS OF CANDIDATES AND SIGNERS — CERTIFICATION. Candidates for the office of delegate to the convention shall be qualified electors of the state of Idaho. Nomination shall be by petition and not otherwise. A single petition shall nominate but one (1) candidate, who may have one (1) or more separate petitions. Nominations shall be without party or political designation, but the nominating petitions shall each contain a declaration of the candidate that he is a candidate for election to the office of delegate to the constitutional convention, and a statement to the effect that he favors ratification of, or that he is against ratification of the proposed constitutional amendment to be acted upon by the constitutional convention, and the total number of voters joining in the nomination of a candidate shall not be less than one hundred (100).

The candidate’s declaration in the nominating petition shall be in substantially the following form, to-wit:

I, the undersigned, being a qualified elector of …. precinct, …. County, State of Idaho, hereby declare myself to be a candidate for the office of delegate to the constitutional convention, to be voted for at the election to be held on the …. day of …., …., and that I …. (insert one only of the following: "favor ratification of" …. or "am against ratification of") the proposed constitutional amendment to be acted upon by the constitutional convention, and certify that I possess the legal qualifications to fill said office, and that my post-office address is …..

I further certify and declare that if nominated I hereby accept said office.

                                              (Signed) .............

All blank spaces shall be properly filled in with the necessary information and the declaration of candidacy shall be subscribed and sworn to before an officer authorized to administer oaths, and the signatures of the voters joining in such petitions, each of which signature shall be followed by the signer’s residence address and date, shall be prefaced by a declaration in substantially the following form, to-wit:

I, the undersigned, being a qualified elector of the State of Idaho, do hereby declare that I am in accord with the statement and declaration of …., a candidate for the office of delegate to the constitutional convention, to be voted for at the election to be held on the …. day of …., …., and do hereby join in this petition for his nomination for such office.

Name of Petitioner

Post office

Date of Signing

……………..

………..

…………..

Each nominating petition shall, at the time of filing in the office of the secretary of state, bear an affidavit in substantially the following form, executed and verified by a citizen and resident of the State of Idaho:–

State of Idaho

ss.

County of ….

I do solemnly swear (or affirm) that I am a citizen and resident of the State of Idaho; that each of the petitioners whose name is affixed to the above paper signed the same personally, together with his post-office address and date of signing, and that each signed the same with full knowledge of its contents; that to the best of my knowledge each is a qualified elector of the State of Idaho.

                                              (Signed) .............

Subscribed and sworn to before me this …. day of …., …..

                                        ............................

                                      Notary Public for the State of

                                       Idaho; residence ............

No voter shall sign more than twenty-one (21) nominating petitions nor more than one (1) petition for the same candidate, and if he does either, his signatures shall not be counted on any nominating petition.

All acceptances and petitions shall be filed with the secretary of state not less than forty-five (45) days before the date fixed for the election. No nomination shall be effective except those of the twenty-one (21) candidates in favor of ratification and the twenty-one (21) candidates against ratification whose nominating petitions have respectively been signed by the largest number of voters, ties, if any, to be decided by lot drawn by the secretary of state; provided, however, that if there be less than twenty-one (21) candidates in favor of ratification, all such candidates shall be considered as nominated, or if there be less than twenty-one (21) candidates against ratification all such candidates shall be considered as nominated.

Within ten (10) days after the petitions are filed with him, the secretary of state shall certify to each county auditor within the state, a certified list of the candidates of each group entitled to be voted for at such election, as appears from the acceptances and nominating petitions filed in the office of the secretary of state.

History:

[34-2205, added 1933, ch. 179, sec. 5, p. 328; am. 2007, ch. 90, sec. 17, p. 254.]

34-2206.  BALLOTS. The election shall be by ballot, separate from any ballot to be used at the same election, which ballot shall be prepared as follows: It shall first state the substance of the proposed constitutional amendment. This shall be followed by appropriate instructions to the voter. It shall then contain perpendicular columns of equal width headed respectively, in plain type, "For Ratification" and "Against Ratification." In the column headed "For Ratification" shall be placed the names of the candidates nominated in favor of ratification. In the column headed" Against Ratification" shall be placed the names of the candidates nominated as against ratification. The voter shall indicate his choice by making one or more cross-marks in the appropriate spaces provided on the ballot. No ballot shall be held void because any such cross-mark is irregular in character. The ballot shall be so arranged that the voter may, by making a single cross-mark, vote for the entire group of candidates whose names are comprised in any column:

The ballot shall be in substantially the following form:

PROPOSED AMENDMENT TO THE CONSTITUTION

OF THE UNITED STATES

Delegates to the Convention to Ratify the

Proposed Amendment.

The Congress has proposed an amendment to the Constitution of the United States which provides (insert here the substance of the proposed amendment).

The Congress has also proposed that the said amendment shall be ratified by conventions in the several states.

INSTRUCTIONS TO VOTERS

Do not vote for more than 21 candidates altogether.

To vote for all candidates in favor of ratification, or for all candidates against ratification, make a cross-mark in the CIRCLE at the head of the list of candidates for whom you wish to vote. If you do this, make no other mark.

To vote for an individual candidate make a cross-mark in the SQUARE at the left of the name.

FOR RATIFICATION

AGAINST RATIFICATION

□  John Doe

□  Charles Coe

□  Richard Roe

□  Michael Moe

All circular spaces in said ballot shall be one-half (1/2) inch in diameter.

All square spaces in said ballot shall be one-half (1/2) inch square.

Except as herein otherwise provided, ballots and supplies for said election shall be prepared and furnished as provided by chapter 9 of this title.

History:

[34-2206, added 1933, ch. 179, sec. 6, p. 328.]

34-2207.  RESULT OF ELECTION — VACANCIES, HOW FILLED. The twenty-one (21) candidates who shall receive respectively the highest numbers of the total number of votes cast at said election shall be the delegates to the convention. If there shall be a vacancy in the convention caused by the death or disability of any delegate or any other cause, the same shall be filled by appointment by the majority vote of the delegates comprising the group from which such delegate was elected and if the convention contains no other delegate of that group, shall be filled by the governor.

History:

[34-2207, added 1933, ch. 179, sec. 7, p. 328.]

34-2208.  MEETING AND ORGANIZATION OF DELEGATES. The delegates to the convention shall meet and assemble in the house of representatives in the capitol at Boise, Idaho, on the twenty-eighth day after their election, at twelve (12) o’clock noon, and shall thereupon organize as, be and constitute a convention to pass upon the question of whether or not the proposed amendment shall be ratified.

History:

[34-2208, added 1933, ch. 179, sec. 8, p. 328.]

34-2209.  ORGANIZATIONAL POWERS OF CONVENTION. The convention shall be the judge of the election and qualification of its members; and shall have the power to elect its president, secretary and other officers and/or employees and to adopt its own rules.

History:

[34-2209, added 1933, ch. 179, sec. 9, p. 328.]

34-2210.  JOURNAL OF PROCEEDINGS. The convention shall keep a journal of its proceedings in which shall be recorded the vote of each delegate on the question of ratification of the proposed amendment. Upon final adjournment the journal shall be certified to by the president and secretary of the convention and be filed with the secretary of state.

History:

[34-2210, added 1933, ch. 179, sec. 10, p. 328.]

34-2211.  CERTIFICATE OF RATIFICATION. If the convention shall agree, by a vote of a majority of the total number of delegates, to the ratification of the proposed amendment, a certificate to that effect shall be executed by the president and secretary of the convention and transmitted to the secretary of state of this state, who shall transmit the certificate under the great seal of the state to the secretary of state of the United States.

History:

[34-2211, added 1933, ch. 179, sec. 11, p. 328.]

34-2212.  NO COMPENSATION — EXPENSES, HOW ALLOWED. No delegate to a constitutional convention shall receive any compensation except that such delegate shall be paid his actual, necessary and reasonable expenses in traveling to and from and attendance at said convention.

History:

[34-2212, added 1933, ch. 179, sec. 12, p. 328.]

34-2214.  FEDERAL STATUTE TO CONTROL. If at or about the time of submitting any such amendment, Congress shall either in the resolution submitting the same or by statute, prescribe the manner in which the conventions shall be constituted, and shall not except from the provisions of such statute or resolution such states as may theretofore have provided for constituting such conventions, the preceding provisions of this act shall be inoperative, the convention shall be constituted and shall operate as the said resolution or Act of Congress shall direct, and all officers of the state who may by the said resolution or statute be authorized or directed to take any action to constitute such a convention for this state are hereby authorized and directed to act thereunder and in obedience thereto with the same force and effect as if acting under a statute of this state.

History:

[34-2214, added 1933, ch. 179, sec. 14, p. 328.]

34-2215.  SEPARABILITY. If any part or parts of sections 34-2201—34-2216 shall be adjudged by the courts to be unconstitutional or invalid, the same shall not effect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The legislature hereby declares that it would have passed the remaining parts of sections 34-2201—34-2216 if it had been known that such other part or parts thereof would be declared to be unconstitutional or invalid.

History:

[34-2215, added 1933, ch. 179, sec. 15, p. 328.]

34-2216.  SHORT TITLE. This act, sections 34-2201—34-2216, may be cited as the "Constitutional Convention Act."

History:

[34-2216, added 1933, ch. 179, sec. 16, p. 328.]

19-5701.  PURPOSE. The legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking or malicious harassment frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, sexual assault, malicious harassment, human trafficking or stalking, to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic violence, sexual assault, malicious harassment, human trafficking or stalking, and to enable state and local agencies to accept a program participant’s use of an address designated by the secretary of state as a substitute mailing address.

History:

[19-5701, added 2008, ch. 232, sec. 1, p. 703; am. 2018, ch. 112, sec. 1, p. 227.]

19-5702.  DEFINITIONS. Unless the context clearly requires otherwise, for purposes of this chapter, the following terms have the following meanings:

(1)  "Address" means a residential street address of an individual as specified on the individual’s application to be a program participant under this chapter.

(2)  "Domestic violence" means an act pursuant to section 18-918, Idaho Code.

(3)  "Human trafficking" means an act pursuant to section 18-8602, Idaho Code.

(4)  "Malicious harassment" means an act pursuant to section 18-7902, Idaho Code.

(5)  "Program participant" means a person certified as a program participant pursuant to section 19-5703, Idaho Code.

(6)  "Sexual assault" means an act pursuant to section 18-1506, 18-1508, 18-1508A or 18-6101, Idaho Code.

(7)  "Stalking" means an act pursuant to section 18-7905 or 18-7906, Idaho Code.

History:

[19-5702, added 2008, ch. 232, sec. 1, p. 704; am. 2018, ch. 112, sec. 2, p. 227.]

19-5703.  ADDRESS CONFIDENTIALITY PROGRAM — APPLICATION — CERTIFICATION. (1) An adult person, a parent or a guardian acting on behalf of a minor, or a guardian appointed pursuant to section 15-5-304, Idaho Code, acting on behalf of an incapacitated person, may apply to the secretary of state to have an address designated by the secretary of state serve as the person’s address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is filed in the manner and on the form prescribed by the secretary of state and if it contains:

(a)  A sworn statement by the applicant that the applicant has good reason to believe:

(i)   That the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, stalking, rape or malicious harassment, or any other crime listed in section 19-5701, Idaho Code; and

(ii)  That the applicant fears for his or her safety or his or her children’s safety, or the safety of the minor or incapacitated person on whose behalf the application is made;

(b)  A designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of mail;

(c)  The mailing address where the applicant can be contacted by the secretary of state, and the telephone number or numbers where the applicant can be called by the secretary of state; and

(d)  The address or addresses that the applicant requests not be disclosed.

(2)  If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault or human trafficking, the application must be accompanied by evidence including, but not limited to, any of the following:

(a)  Police, court, or other government agency records or files;

(b)  Documentation from a domestic violence or sexual assault program or facility if the person is alleged to be a victim of domestic violence, sexual assault or human trafficking;

(c)  Documentation from a legal, clerical, medical or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged domestic violence, sexual assault or human trafficking; and

(d)  A certified copy of a no contact order or a temporary or permanent civil protection order.

(3)  If the applicant alleges that the basis for the application is that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of stalking or malicious harassment, the application must be accompanied by evidence including, but not limited to, any of the following:

(a)  Police, court or other government agency records or files;

(b)  Documentation from a legal, clerical, medical or other professional from whom the applicant or person on whose behalf the application is made has sought assistance in dealing with the alleged stalking or malicious harassment; and

(c)  A certified copy of a no contact order or a temporary or permanent civil protection order.

(4)  Applications shall be filed with the office of the secretary of state.

(5)  Upon filing a properly completed application, the secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four (4) years following the date of filing unless the certification is withdrawn or invalidated before that date. The application may be renewed at the end of four (4) years.

(6)  A person who falsely attests in an application that disclosure of the applicant’s address would endanger the applicant’s safety or the safety of the applicant’s children, or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application, shall be punishable under section 18-5414, Idaho Code, or other applicable statutes.

History:

[19-5703, added 2008, ch. 232, sec. 1, p. 704; am. 2018, ch. 112, sec. 3, p. 228.]

19-5704.  CERTIFICATION CANCELLATION. (1) The secretary of state may cancel a program participant’s certification if there is a change in the name or residential address from that listed on the application, unless the program participant provides the secretary of state with seven (7) days’ prior notice of the change of name or address.

(2)  The secretary of state may cancel certification of a program participant if mail forwarded by the secretary to the program participant’s address is returned as nondeliverable.

(3)  The secretary of state may cancel certification of a program participant who applies using false information.

History:

[19-5704, added 2008, ch. 232, sec. 1, p. 705.]

19-5705.  USE OF DESIGNATED ADDRESS. (1) A program participant may request that state and local agencies use the address designated by the secretary of state as his or her address. When creating a new public record, state and local agencies shall accept the address designated by the secretary of state as a program participant’s substitute address, unless the agency shows that:

(a)  The agency has a bona fide statutory or administrative requirement for the use of a program participant’s address which would otherwise be confidential under this chapter;

(b)  The program participant’s address will be used only for those statutory and administrative purposes; and

(c)  The agency takes reasonable precautions to protect the confidentiality of the program participant.

(2)  A program participant may use the address designated by the secretary of state as his or her work address.

(3)  The office of the secretary of state shall forward all first class priority and other mail as deemed necessary by the secretary of state to the appropriate program participant.

History:

[19-5705, added 2008, ch. 232, sec. 1, p. 705; am. 2018, ch. 112, sec. 4, p. 229.]

19-5706.  DISCLOSURE OF RECORDS PROHIBITED — EXCEPTIONS. Notwithstanding any other provision of state law, the secretary of state shall not make any records in a program participant’s file available for inspection or copying, other than the address designated by the secretary of state, except under the following circumstances:

(1)  If requested by a law enforcement agency, to the law enforcement agency; or

(2)  If directed by a court order, to a person identified in the order.

History:

[19-5706, added 2008, ch. 232, sec. 1, p. 705.]

19-5707.  IMMUNITY FROM LIABILITY. Neither a governmental entity nor its employees, while acting within the course and scope of their employment and without malice or criminal intent, shall be liable under the Idaho tort claims act, chapter 9, title 6, Idaho Code, for any injury resulting from the release of confidential information under this act.

History:

[19-5707, added 2008, ch. 232, sec. 1, p. 705.]

19-5708.  ADOPTION OF RULES. The secretary of state may adopt rules to facilitate the administration of this chapter by state and local agencies.

History:

[19-5708, added 2008, ch. 232, sec. 1, p. 705.]

34-901.  OFFICIAL ELECTION BALLOT IDENTIFICATION. (1) The county clerk shall provide that all election ballots are identified as official. Each ballot shall have upon its face the date and year of the election in which it is used and the words "Official Election Ballot."

(2)  The clerk in a county that utilizes optical scan ballots shall ensure that:

(a)  The official election ballot identification is printed on each ballot issued; and

(b)  Each ballot contains a unique marking to prevent duplication of official election ballots.

(3)  The clerk in a county that utilizes paper or other ballots shall provide an official election stamp of such character or device and of such material as the board of county commissioners may select. In the event such stamp is lost, destroyed or unavailable upon election day, the distributing clerk shall initial each ballot and write "stamped" upon the ballot in the appropriate place.

History:

[34-901, added 1970, ch. 140, sec. 121, p. 351; am. 2013, ch. 285, sec. 2, p. 736.]

34-902.  COUNTY COMMISSIONERS TO PROVIDE SUFFICIENT BALLOTS AND BALLOT BOXES FOR EACH POLLING PLACE AT ALL ELECTIONS. The board of county commissioners shall authorize that a suitable number of ballots be printed for each polling place. The county clerk shall cause such ballots to be printed upon receiving final instructions from the secretary of state, and the cost shall be paid from the county treasury. The board of county commissioners shall authorize the printing of ballots in the same manner for special elections when such special election is ordered by the governor or provided by law.

The board of county commissioners shall also provide a suitable number of ballot boxes for each polling place within the county, and shall have complete authority to determine the specifications for such ballot boxes.

History:

[34-902, added 1970, ch. 140, sec. 122, p. 351; am. 1975, ch. 174, sec. 14, p. 469; am. 1979, ch. 309, sec. 10, p. 838; am. 2011, ch. 11, sec. 13, p. 31.]

34-903.  SECRETARY OF STATE TO PRESCRIBE FORM AND CONTENTS OF ALL BALLOTS AND RELATED DOCUMENTS. (1) The secretary of state shall, in a manner consistent with the election laws of this state, prescribe the form for all ballots, absentee ballots, diagrams, sample ballots, ballot labels, voting machine labels or booklets, certificates, notices, declarations of candidacy, affidavits of all types, lists, applications, poll books, tally sheets, registers, rosters, statements and abstracts if required by the election laws of this state.

(2)  The secretary of state shall prescribe the arrangement of the matter to be printed on each kind of ballot and label, including:

(a)  The placement and listing of all offices, candidates and issues upon which voting is statewide, which shall be uniform throughout the state.

(b)  The listing of all other candidates required to file with him, and the order of listing all offices and issues upon which voting is not statewide.

(3)  The names of candidates for legislative or special district offices shall be printed only on the ballots and ballot labels furnished to voters of such district.

(4)  The names of candidates which appear on election ballots for federal, state, county and city offices shall be rotated in the manner determined by the secretary of state. The order of candidates for office in other elections shall be determined by applying the first letter of each candidate’s last name to a random alphabet selected prior to each election by the secretary of state.

(5)  No candidate’s name may appear on a ballot for more than one (1) partisan office or one (1) judicial office, except that a candidate for precinct committeeman may seek one (1) additional office upon the same ballot. The provisions of this subsection shall not apply to the election of electors of president and vice-president of the United States.

History:

[34-903, added 1970, ch. 140, sec. 123, p. 351; am. 1971, ch. 189, sec. 1, p. 870; am. 1987, ch. 313, sec. 1, p. 656; am. 2011, ch. 285, sec. 8, p. 781; am. 2012, ch. 211, sec. 6, p. 575; am. 2015, ch. 282, sec. 5, p. 1148.]

34-903A.  NAME ON BALLOT. Should it appear to the secretary of state or county clerk that a person has filed as a candidate and that such person has changed their name and has changed their name to words that convey or attempt to convey a political message, the secretary of state or county clerk shall make an inquiry to determine: (i) if such person has changed their name; and (ii) if such name contains words that convey a political message to voters on the ballot; and (iii) if an explanation on the ballot would clarify the ballot and would assist in eliminating voter confusion. If the secretary of state or county clerk finds affirmatively that all three (3) criteria have been met, the secretary of state or county clerk shall be required to note on the ballot immediately following the name that appears to be a political proposition the following statement in parentheses: (A person, formerly known as …… ……..), inserting in the blank within the parentheses the name by which the candidate who changed their name was formerly known.

History:

[34-903A, added 2008, ch. 408, sec. 2, p. 1124.]

34-904.  PRIMARY ELECTION BALLOTS. (1)  There shall be a separate primary election ballot for each political party upon which its ticket shall be printed; however, a county may use a separate ballot for the office of precinct committeeman. All candidates who have filed their declarations of candidacy and are subsequently certified shall be listed under the proper office titles on their political party ticket. The secretary of state shall design the primary election ballot to allow for write-in candidates when needed.

(2)  The office titles shall be listed in order beginning with the highest federal office and ending with precinct offices. The secretary of state has the discretion and authority to arrange the classifications of offices as provided by law.

(3)  It is not necessary to print a primary ballot for a political party which does not have candidates for more than half of the federal or statewide offices on the ballot if no more than one (1) candidate files for nomination by that party for any of the offices on the ballot. The secretary of state shall certify that no primary election is necessary for that party if such is the case and shall certify to the county clerk the names of candidates for that party for the general election ballot only.

History:

[34-904, added 1970, ch. 140, sec. 124, p. 351; am. 1971, ch. 189, sec. 2, p. 870; am. 1972, ch. 130, sec. 1, p. 259; am. 1983, ch. 213, sec. 10, p. 593; am. 2001, ch. 272, sec. 2, p. 994; am. 2011, ch. 319, sec. 7, p. 932; am. 2012, ch. 57, sec. 1, p. 157; am. 2020, ch. 69, sec. 3, p. 158.]

34-904A.  ELIGIBILITY TO VOTE IN PRIMARY ELECTIONS. (1)  Except as provided in subsection (2) of this section, an elector who has designated a party affiliation shall be allowed to vote only in the primary or presidential primary election of the political party for which such an elector is so registered.

(2)  A political party qualified to participate in elections pursuant to section 34-501, Idaho Code, may, no later than the last Tuesday in the November prior to a primary or presidential election, notify the secretary of state in writing that the political party elects to allow, in addition to those electors who have registered with that political party, any of the following to vote in such party’s primary or presidential primary election:

(a)  Electors designated as "unaffiliated";

(b)  Electors registered with a different political party qualified to participate in elections pursuant to section 34-501, Idaho Code. In the event a state chairman of a political party elects to allow electors to vote in that party’s primary or presidential primary election pursuant to this paragraph (b), the state chairman shall identify which political parties’ registrants are allowed to vote in such primary or presidential primary election.

(3)  In the event that more than one (1) political party allows "unaffiliated" electors to vote in their party’s primary or presidential primary election, an "unaffiliated" elector shall designate which political party’s primary or presidential primary election the elector chooses to vote in by declaring such designation to the poll worker or other appropriate election personnel, who shall then record in the poll book the elector’s choice. The county clerk shall record such choice as part of the elector’s voting history within the voter registration system as provided for in section 34-437A, Idaho Code.

(4)  In the event no more than one (1) political party allows "unaffiliated" electors to vote in their party’s primary or presidential primary election, an "unaffiliated" elector may designate that political party’s primary or presidential primary election as the election the elector chooses to vote in by declaring such designation to the poll worker or other appropriate election personnel, who shall then record in the poll book the elector’s choice. The county clerk shall record such choice as part of the elector’s voting history within the voter registration system as provided for in section 34-437A, Idaho Code.

(5)  An "unaffiliated" elector having declared such designation as provided for in subsection (3) or (4) of this section shall not be permitted to vote in the primary or presidential primary election of any other party held on that primary or presidential primary election date.

(6)  If an "unaffiliated" elector does not declare a choice of political party’s primary or presidential primary election ballot, the elector shall not be permitted to vote in any political party’s primary or presidential primary election but shall receive a nonpartisan ballot when such a ballot is available.

(7)  In the event that one (1) or more political parties allow electors affiliated with a different political party to vote in their primary or presidential primary election pursuant to this section, an elector affiliated with a different political party shall declare to the poll worker or other appropriate election personnel in which primary or presidential primary election ballot such elector wishes to vote. The county clerk shall record such choice as part of the elector’s voting history within the voter registration system as provided for in section 34-437A, Idaho Code.

Provided that all other provisions of this act are complied with, nothing in this section shall be construed to prohibit an elector designated as "unaffiliated" from voting in the primary or presidential primary election of a different party held in subsequent years. Notwithstanding any other provision of this act, if a political party allows "unaffiliated" electors to vote in that political party’s primary or presidential primary election pursuant to this section, a vote by an "unaffiliated" elector in such primary or presidential primary election shall not change or affect the elector’s "unaffiliated" designation.

History:

[34-904A, added 2011, ch. 319, sec. 8, p. 933; am. 2015, ch. 292, sec. 8, p. 1170.]

34-905.  NONPARTISAN BALLOTS FOR ELECTION OF JUSTICES OF SUPREME COURT AND DISTRICT JUDGES. There shall be a single nonpartisan ballot for the election of justices of the supreme court and district judges. The names of all candidates for each office shall be listed under the proper office title by the secretary of state. A similar ballot shall be prepared for any general election, whenever it shall be necessary to conduct an election for judicial office.

The ballot for each judicial office shall contain the words: "To succeed (Judge, Justice) ….," inserting the name of the[,] or of each[,] incumbent candidate for re-election, or retiring judge or justice as the case may be, whose successor is to be elected in that year followed by the words: "Vote for One," followed by the names of the candidates for that particular office.

History:

[34-905, added 1970, ch. 140, sec. 125, p. 351; am. 1970, ch. 231, sec. 5, p. 643; am. 1971 (E.S.), ch. 9, sec. 8, p. 20.]

34-905A.  NONPARTISAN BALLOTS FOR ELECTION OF HIGHWAY DISTRICT COMMISSIONERS — PLURALITY REQUIRED FOR ELECTION. There shall be a single nonpartisan ballot for the election of highway district commissioners in each highway district. The ballot shall designate the highway district commissioners subdistrict and the names of all candidates for that office shall be listed thereon. The ballot shall also contain the words: "Vote for One," followed by the names of the candidates for the office. The candidate with the most votes shall be declared the successful candidate.

History:

34-906.  BALLOTS FOR GENERAL ELECTIONS. (1)  There shall be a single general election ballot on which the complete ticket of each political party shall be printed. Each political party ticket shall include that party’s nominee for each particular office. The secretary of state shall design the general election ballot to allow for write-in candidates when needed.

(2)  The office titles shall be listed in order beginning with the highest federal office. The secretary of state has the discretion and authority to arrange the above classifications of offices as provided by law.

(3)  At any general election at which the electors are to vote upon constitutional amendments or other issues, the secretary of state shall provide separate general election ballot forms on which such amendments and issues shall be printed.

History:

[34-906, added 1970, ch. 140, sec. 126, p. 351; am. 1971, ch. 189, sec. 3, p. 870; am. 1977, ch. 12, sec. 1, p. 24; am. 2020, ch. 69, sec. 4, p. 158.] [I.C., sec. 34-905A, as added by S.L. 1972, ch. 345, sec. 2, p. 1013.]

34-908.  EACH BALLOT TO CARRY OFFICIAL ELECTION BALLOT IDENTIFICATION ON OUTSIDE — MARKING OF BALLOT BY VOTER. (1) Every ballot used at any primary, general or special election shall be marked on the outside with the official election ballot identification before it is given to the voter. At this time the election official distributing the ballots shall give the voter instructions in regard to folding the ballot after he has voted.

(2)  The voter shall mark his ballot with a cross (X) or other mark sufficient to show his intent in the place provided after the name of the candidate for whom he intends to vote for each office.

(3)  If a person votes by writing the name of a candidate on the ballot, such act shall constitute a vote for the person’s name who appears without the necessity of placing a mark after the name written on the ballot, unless such a mark is required by a vote tally system.

History:

[34-908, added 1970, ch. 140, sec. 128, p. 351; am. 1988, ch. 293, sec. 1, p. 932; am. 2013, ch. 285, sec. 3, p. 736.]

34-909.  GENERAL ELECTION SAMPLE BALLOTS FORWARDED TO COUNTIES BY SECRETARY OF STATE. (1)  The secretary of state, no later than September 7, shall provide the necessary general election sample ballot layout to each of the county clerks.

(2)  The sample ballot layout shall contain the proper office titles, order of offices and ballot layout for the general election, with instructions for placement of candidates seeking election for federal, state, legislative, county and precinct offices and candidates seeking judicial office or retention. If a county is within more than one (1) legislative district, the secretary of state shall provide instructions on the requirements for a separate ballot for each legislative district that is within the county.

(3)  The secretary of state shall certify to the county clerks the names and political party of the candidates qualified for placement on the general election ballot for all federal, state and legislative district offices on the sample ballots, along with any judicial candidates, by no later than the ninth Friday prior to the general election.

(4)  The secretary of state shall certify the name of a candidate being appointed by the appropriate central committee as provided by section 34-715, Idaho Code, by no later than the next business day after the appointment is received in the secretary of state’s office, if received after the certification of candidates to the county clerks under subsection (3) of this section.

History:

[34-909, added 1970, ch. 140, sec. 199, p. 351; am. 1976, ch. 60, sec. 12, p. 207; am. 1984, ch. 131, sec. 5, p. 306; am. 1985, ch. 42, sec. 6, p. 90; am. 2019, ch. 96, sec. 9, p. 347.]

34-910.  DUTY OF COUNTY CLERK TO FURNISH SUFFICIENT BALLOTS TO EACH VOTING PRECINCT — RECORD OF NUMBER OF BALLOTS PRINTED AND FURNISHED. (1) It shall be the duty of the county clerk to furnish and cause to be delivered a sufficient number of election ballots to the judges of elections of each voting precinct. The ballots shall be delivered to the polling place within the precinct on or before the opening of the polls for the election together with the official election ballot identification in sealed packages. Upon receipt of the ballots and supplies, the chief judge of elections or other designated judge must return a written receipt to the county clerk.

(2)  The county clerk shall keep a record of the number of ballots printed and furnished to each polling place within the county and preserve the same for one (1) year.

History:

[34-910, added 1970, ch. 140, sec. 129, p. 351; am. 2011, ch. 285, sec. 9, p. 782; am. 2013, ch. 285, sec. 4, p. 737.]

34-911.  COUNTY CLERK TO PREPARE FULL INSTRUCTIONS FOR THE GUIDANCE OF VOTERS AT ELECTIONS. The county clerk shall prepare full instructions for the guidance of voters at such elections, as to obtaining ballots, as to the manner of marking them, and as to obtaining new tickets in place of those spoiled, and provide sample ballots. The form and manner of display of the above mentioned instructions shall be prescribed by the secretary of state and be uniform throughout the state.

History:

[34-911, added 1970, ch. 140, sec. 130, p. 351.]

34-912.  PROCEDURE FOR CORRECTION OF BALLOTS WHEN VACANCY OCCURS AFTER PRINTING — NOTICE. When any vacancy occurs after the printing of the ballots and is filled as provided by law, the county clerk shall thereupon have printed a sufficient number of stickers containing the name of the candidate designated to fill the vacancy and shall deliver them to the judges of elections of the precincts interested therein.

The distributing clerk shall affix such stickers on the ballot before it is given to the elector. The sticker shall be placed over the name of the previous candidate. If the vacancy occurs after the deadline for filling the same, the distributing clerk shall cross the name of such candidate off the ballot and no votes shall be cast for the candidate. The county clerk shall notify the precincts of this authorization as soon as a vacancy occurs.

History:

[34-912, added 1970, ch. 140, sec. 131, p. 351.]

34-913.  DISCLOSURES IN ELECTIONS TO AUTHORIZE BONDED INDEBTEDNESS. (1) Notwithstanding any other provision of law, on and after July 1, 2021, any taxing district that proposes to submit any question to the electors of the district that would authorize any bonded indebtedness must provide a brief official statement setting forth in simple, understandable language information on the proposal substantially as follows:

(a)  The purpose for which the bonds are to be used, including but not necessarily limited to a description of the facility or project that will be financed, in whole or in part, by the sale of the bonds; the date of the election; and the principal amount of the bonds to be issued;

(b)  The anticipated interest rate on the proposed bonds based on current market rates and a maximum interest rate if a maximum is specified in the question to be submitted to electors;

(c)  The total amount to be repaid over the life of the bonds based on the anticipated interest. Such total shall reflect three (3) components: a total of the principal to be repaid; a total of the interest to be paid; and the sum of both;

(d)  The estimated average annual cost to the taxpayer of the proposed bond, in the format of "A tax of $ per $100,000 of taxable assessed value, per year, based on current conditions";

(e)  The length of time, reflected in months or years, in which the proposed bonds will be paid off or retired; and

(f)  The total existing indebtedness, including interest accrued, of the taxing district.

(2) (a)  The formula for calculating the estimated average annual cost to the taxpayer shall be as follows:

((Bond Total/Taxable Value) x 100,000)/Duration = estimated average annual cost to taxpayer; and

(b)  The elements of which are defined as:

(i)   "Bond total" means the total amount to be bonded, from subsection (1)(c) of this section as based on the anticipated interest rate in subsection (1)(b) of this section;

(ii)  "Duration" means the time, in years, from subsection (1)(e) of this section; and

(iii) "Taxable value" means the most recent total taxable value for property for the applicable taxing district, which shall be obtained from the applicable county treasurer or assessor’s office.

(3)  The official statement must be made a part of the ballot prior to the location on the ballot where a person casts a vote and must be included in the official notice of the election.

(4)  In order to be binding, a ballot question to authorize a bond must include the information and language required by this section in its official statement.

(5)  Upon a determination by a court, pursuant to section 34-2001A, Idaho Code, that the taxing district failed to comply with the provisions of this section, the court must declare the outcome of the ballot question invalid and award court costs and fees to the prevailing party.

History:

[34-913, added 2021, ch. 288, sec. 3, p. 863.]

34-914.  DISCLOSURES IN ELECTIONS TO AUTHORIZE A LEVY. (1)  Notwithstanding any other provision of law, on and after July 1, 2021, any taxing district that proposes to submit any question to the electors of the district that would authorize any levy, except for the levies authorized for the purposes provided in sections 63-802(1)(h) and 33-802(4), Idaho Code, and except for levies relating to bonded indebtedness where section 34-913, Idaho Code, applies, must include in the ballot question, or in a brief official statement on the ballot but separate from the ballot question, a disclosure setting forth in simple, understandable language information on the proposal substantially as follows:

(a)  The purpose for which the levy shall be used; the date of the election; and the dollar amount estimated to be collected each year from the levy;

(b)  The estimated average annual cost to the taxpayer of the proposed levy, in the form of "A tax of $_____ per $100,000 of taxable assessed value, per year, based on current conditions." If the taxing district proposing the levy has an existing levy of the same type that is set to expire at the time that the proposed levy will begin, an additional statement may be provided along the following lines: "The proposed levy replaces an existing levy that will expire on _____ and that currently costs $_____ per $100,000 of taxable assessed value." The statement shall also disclose that, if the proposed levy is approved, the tax per $100,000 of taxable assessed value is either: (i) not expected to change or (ii) is expected to increase or decrease the tax by $_____ per $100,000 of taxable assessed value. The dollar amounts referenced in this paragraph shall be calculated by multiplying the expected levy rate by one hundred thousand dollars ($100,000);

(c)  The length of time, reflected in months or years, in which the proposed levy will be assessed; and

(d)  If an existing levy is referenced, the expiration date of the levy must also be provided.

(2)  The information called for in subsection (1) of this section must be placed immediately above the location on the ballot where a person casts a vote and must also be included in like manner in the official notice of the election.

(3)  In order to be binding, a ballot question to authorize a levy must include the information and language required by this section in its official statement. The ballot question may not include other information or language regarding any other bond, levy, or matter, whether previous, current, or proposed, except as authorized under this section.

(4)  Upon a determination by a court, pursuant to section 34-2001A, Idaho Code, that the taxing district failed to comply with the provisions of this section, the court must declare the outcome of the ballot question invalid and award court costs and fees to the prevailing party.

History:

[34-914, added 2021, ch. 288, sec. 4, p. 864.]

34-1001.  VOTING BY ABSENTEE BALLOT AUTHORIZED. Any registered elector of the state of Idaho may vote at any election by absentee ballot as herein provided.

History:

[34-1001, added 1970, ch. 140, sec. 162, p. 351.]

34-1002.  APPLICATION FOR ABSENTEE BALLOT. (1) Any registered elector may make written application to the county clerk, or other proper officer charged by law with the duty of issuing official ballots for such election, for an official ballot or ballots of the kind or kinds to be voted at the election. The application shall contain the name of the elector, the elector’s home address, county, and address to which such ballot shall be forwarded.

(2)  In order to provide the appropriate primary election ballot to electors, in the event a political party elects to allow unaffiliated electors to vote in that party’s primary election pursuant to section 34-904A, Idaho Code, the elector shall designate, as part of the written application for a ballot for primary elections, the elector’s party affiliation or designation as "unaffiliated." The application shall contain checkoff boxes for unaffiliated electors by which such electors shall indicate for which party’s primary ballot the unaffiliated elector chooses to vote. Provided however, that no political party’s primary election ballot shall be provided to an unaffiliated elector for a political party that has not elected to allow unaffiliated electors to vote in that political party’s primary election pursuant to section 34-904A, Idaho Code. If an unaffiliated elector does not indicate a choice of political party’s primary election ballot, the elector shall receive a nonpartisan ballot.

(3)  In order to provide the appropriate primary election ballot to electors, in the event one (1) or more political parties elect to allow electors affiliated with a different political party to vote in that party’s primary election, the application shall contain checkoff boxes by which such electors may indicate the primary ballot in which the elector wishes to vote.

(4)  For electors who are registered to vote as of January 1, 2012, and who remain registered electors, the elector shall designate, as part of the written application for a ballot for the 2012 primary elections, the elector’s party affiliation or designation as "unaffiliated." The application shall contain checkoff boxes for unaffiliated electors by which such electors shall indicate for which party’s primary election ballot the unaffiliated elector chooses to vote, pursuant to section 34-904A, Idaho Code. Provided however, that no political party’s primary election ballot shall be provided to an unaffiliated elector for a political party that has not elected to allow unaffiliated electors to vote in the party’s primary election pursuant to section 34-904A, Idaho Code. If an unaffiliated elector does not indicate a choice of political party’s primary election ballot, the elector shall receive a nonpartisan ballot. After the 2012 primary election, the county clerk shall record the party affiliation or unaffiliated designation so selected on the application for an absentee ballot as part of such an elector’s record within the voter registration system as provided for in section 34-437A, Idaho Code.

(5)  After the 2012 primary election, electors who remain registered voters and who did not vote in the 2012 primary elections and who make written application for an absentee ballot shall be designated as unaffiliated electors as provided in section 34-404, Idaho Code, and such electors shall be given the appropriate ballot for such "unaffiliated" designation pursuant to the provisions of this act.

(6)  An elector may not change party affiliation or designation as "unaffiliated" on an application for absentee ballot. For primary elections, an elector may change party affiliation or designation as "unaffiliated" as provided for in section 34-411A, Idaho Code.

(7)  The application for an absent elector’s ballot shall be signed personally by the applicant. The application for a mail-in absentee ballot shall be received by the county clerk not later than 5:00 p.m. on the eleventh day before the election. An application for in-person absentee voting at the absent elector’s polling place described in section 34-1006, Idaho Code, shall be received by the county clerk not later than 5:00 p.m. on the Friday before the election. Application for an absentee ballot may be made by using a facsimile machine or other electronic transmission.

(8)  A person may make application for an absent elector’s ballot by use of a properly executed federal postcard application as provided for in the laws of the United States known as uniformed and overseas citizens absentee voting act (UOCAVA, 52 U.S.C. 20301 et seq., as amended). The issuing officer shall keep as a part of the records of such officer’s office a list of all applications so received and of the manner and time of delivery or mailing to and receipt of returned ballot.

(9)  The county clerk shall, not later than seventy-five (75) days after the date of each general election, submit a report to the secretary of state containing information concerning absentee voters as required by federal law.

History:

[34-1002, added 1970, ch. 140, sec. 163, p. 351; am. 1972, ch. 157, sec. 1, p. 349; am. 1973, ch. 304, sec. 7, p. 646; am. 1976, ch. 353, sec. 2, p. 1166; am. 1987, ch. 167, sec. 1, p. 328; am. 1994, ch. 122, sec. 2, p. 272; am. 1995, ch. 215, sec. 12, p. 752; am. 2002, ch. 236, sec. 1, p. 707; am. 2003, ch. 48, sec. 11, p. 186; am. 2010, ch. 332, sec. 1, p. 881; am. 2011, ch. 319, sec. 9, p. 934; am. 2013, ch. 135, sec. 4, p. 309; am. 2016, ch. 137, sec. 1, p. 402; am. 2019, ch. 96, sec. 10, p. 348; am. 2020, ch. 286, sec. 1, p. 829.]

34-1002A.  EMERGENCY SITUATION ABSENTEE BALLOT — APPLICATION. (1) A registered elector who has not previously requested an absentee ballot for the same election and who is physically unable to vote in person at the elector’s designated polling place on the day of the election because of an emergency situation requiring hospitalization of the elector may request an emergency situation absentee ballot by filing an emergency situation absentee ballot application with the county clerk. The secretary of state shall prescribe the form for the emergency situation absentee ballot application.

(a)  The emergency application may be submitted to the county clerk up to five (5) days prior to the election but shall be received by the county clerk no later than 5:00 p.m. on the Monday before the election, in order to allow for the coordination of ballot delivery to the requesting elector at the hospital.

(b)  The emergency application shall be signed personally by the applicant.

(c)  The situation rendering the requesting elector physically unable to vote in person at the polling place must have occurred after 5:00 p.m. on the eleventh day prior to the election, and the applicant must attest to that fact with the applicant’s signature.

(2)  Regardless of the time of the request, an absentee ballot delivered under this section must be returned to the county clerk’s office from which it was received in order to be counted, in accordance with section 34-1005, Idaho Code.

(3)  The county clerk shall deem the location of an individual to be an absent elector’s polling place, as provided in section 34-1006, Idaho Code, solely for the purposes of registering the applicant under section 34-408A, Idaho Code, and shall provide the applicant with an emergency situation absentee ballot in the event that the individual who wishes to apply for an emergency situation absentee ballot under this section:

(a)  Was not a registered elector at the time the register closed but became eligible for registration following the closing of the register;

(b)  Was rendered physically unable to register in person on election day by the emergency situation; and

(c)  Was otherwise qualified to request an emergency situation absentee ballot under this section.

History:

[34-1002A, added 2020, ch. 286, sec. 2, p. 831.]

34-1003.  ISSUANCE OF ABSENTEE BALLOT. (1) Upon receipt of an application for an absent elector’s ballot within the proper time, the county clerk receiving it shall examine the records of the county clerk’s office to ascertain whether or not such applicant is registered and lawfully entitled to vote as requested and, if found to be so, the county clerk shall arrange for the applicant to vote by absent elector’s ballot.

(2)  In the case of requests for primary ballots:

(a)  Except as provided in paragraph (b) of this subsection, an elector who has designated a political party affiliation shall receive a primary ballot for that political party.

(b)  An elector who has designated a political party affiliation pursuant to section 34-404, Idaho Code, may receive the primary election ballot of a political party other than the political party such elector is affiliated with if such other political party has provided notification to the secretary of state that identifies the political party such elector is affiliated with, as provided for in section 34-904A(2)(b), Idaho Code.

(c)  An unaffiliated elector shall receive the primary ballot for the political party the elector designated in the elector’s application for an absentee ballot pursuant to section 34-1002, Idaho Code. Provided however, that a political party’s ballot shall not be provided to an unaffiliated elector where that political party has not elected to allow unaffiliated electors to vote in such party’s primary election pursuant to section 34-904A, Idaho Code.

(d)  If an unaffiliated elector does not indicate a choice of a political party’s primary ballot, the elector shall receive a nonpartisan ballot.

(e)  Once an absentee primary ballot is issued to an elector by the county clerk, the county clerk may not issue the same elector a new absentee primary ballot with a different party affiliation than the absentee ballot originally issued to the elector, unless the original absentee ballot type was issued in error by the county clerk.

(3)  The absentee ballot may be delivered to the absent elector in the office of the county clerk, by postage prepaid mail or by other appropriate means, including use of a facsimile machine or other electronic transmission. Validly requested absentee ballots for candidates for federal office, where the request is received at least forty-five (45) days before an election, shall be sent no later than forty-five (45) days before that election to all electors who are entitled to vote by absentee ballot.

(4)  Pursuant to the uniformed and overseas citizens absentee voting act (UOCAVA, 52 U.S.C. 20301 et seq., as amended) the secretary of state shall establish procedures for the transmission of blank absentee ballots by mail and by electronic transmission for all electors who are entitled to vote by absentee ballot under the uniformed and overseas citizens absentee voting act, and by which such electors may designate whether the elector prefers the transmission of such ballots by mail or electronically. If no preference is stated, the ballots shall be transmitted by mail. The secretary of state shall establish procedures for transmitting such ballots in a manner that shall protect the security and integrity of such ballots and the privacy of the elector throughout the process of transmission.

(5)  A political party may supply a witness to accompany the clerk in the personal delivery of an absentee ballot. If the political party desires to supply a witness, it shall be the duty of the political party to supply the names of such witnesses to the clerk no later than forty-six (46) days prior to the election. The clerk shall notify such witnesses of the date and approximate hour the clerk or deputy clerk intends to deliver the ballot.

(6)  A candidate for public office or a spouse of a candidate for public office shall not be a witness in the personal delivery of absentee ballots.

(7)  An elector physically unable to mark such elector’s own ballot may receive assistance in marking such ballot from the officer delivering same or an available person of the elector’s own choosing. In the event the election officer is requested to render assistance in marking an absent elector’s ballot, the officer shall ascertain the desires of the elector and shall vote the applicant’s ballot accordingly. When such ballot is marked by an election officer, the witnesses on hand shall be allowed to observe such marking. No county clerk, deputy, or other person assisting a disabled voter shall attempt to influence the vote of such elector in any manner.

History:

[34-1003, added 1970, ch. 140, sec. 164, p. 351; am. 1973, ch. 304, sec. 9, p. 646; am. 1975, ch. 66, sec. 1, p. 132; am. 1984, ch. 131, sec. 6, p. 307; am. 1993, ch. 100, sec. 1, p. 253; am. 1994, ch. 122, sec. 4, p. 273; am. 1996, ch. 74, sec. 1, p. 238; am. 2010, ch. 332, sec. 2, p. 882; am. 2011, ch. 11, sec. 14, p. 31; am. 2011, ch. 319, sec. 10, p. 935; am. 2019, ch. 96, sec. 11, p. 349; am. 2020, 1st E.S., ch. 1, sec. 1, p. 5; am. 2021, ch. 323, sec. 1, p. 987.]

34-1004.  MARKING AND FOLDING OF ABSENTEE BALLOT — AFFIDAVIT. Upon receipt of the absent elector’s ballot the elector shall thereupon mark and fold the ballot so as to conceal the marking, deposit it in the ballot envelope and seal the envelope securely. In the event an election requires a perforated ballot, the unvoted portion must be deposited in the unvoted ballot envelope and sealed. The ballot envelopes must then be deposited in the return envelope and sealed securely.

The elector shall then execute an affidavit on the back of the return envelope in the form prescribed, provided however, that such affidavit need not be notarized.

History:

[34-1004, added 1970, ch. 140, sec. 165, p. 351.]

34-1005.  RETURN OF ABSENTEE BALLOT. (1)  The return envelope shall be mailed or delivered to the officer who issued the same; provided, that an absentee ballot must be received by the issuing officer by 8:00 p.m. on the day of election before such ballot may be counted.

(2)  Upon receipt of an absent elector’s ballot, the county clerk of the county wherein such elector resides shall verify the authenticity of the affidavit, including verifying that the signature matches the signature from such elector’s voter registration, and shall write or stamp upon the envelope containing the same, the date and hour such envelope was received in his office and shall record the information pursuant to section 34-1011, Idaho Code. He shall safely keep and preserve all absent electors’ ballots unopened until the time prescribed for delivery to the polls or to the central count ballot processing center.

History:

[34-1005, added 1970, ch. 140, sec. 166, p. 351; am. 1972, ch. 157, sec. 2, p. 349; am. 1995, ch. 215, sec. 13, p. 753; am. 2007, ch. 202, sec. 4, p. 621; am. 2011, ch. 285, sec. 10, p. 782; am. 2021, ch. 262, sec. 3, p. 808.]

34-1006.  COUNTY CLERKS SHALL PROVIDE ONE OR MORE "ABSENT ELECTORS’ VOTING PLACE." (1)  Each county clerk shall provide one (1) or more "absent electors’ polling place(s)" as determined necessary by each county. Each polling place shall be provided with voting booths and other necessary supplies as provided by law. Except as provided in section 34-308, Idaho Code, every elector shall always be provided the opportunity to vote in person in an election, notwithstanding any declaration of emergency, extreme emergency, or disaster emergency by the governor.

(2)  Electioneering is prohibited at an "absent electors’ polling place" as provided in section 18-2318, Idaho Code.

History:

[34-1006, added 1970, ch. 140, sec. 167, p. 351; am. 1994, ch. 21, sec. 1, p. 36; am. 1998, ch. 163, sec. 1, p. 551; am. 2020, 1st E.S., ch. 3, sec. 1, p. 9.]

34-1007.  COUNTING ABSENTEE BALLOTS. (1) In those counties that count ballots at the polls, upon receipt of absent elector’s ballot or ballots, the officer receiving them shall forthwith enclose the same, unopened in a carrier envelope endorsed with the name and official title of such officer and the words: "absent electors’ ballot to be opened only at the polls." He shall hold the same until the delivery of the official ballots to the judges of election of the precinct in which the elector resides and shall deliver the ballot or ballots to the judges with such official ballots.

(2)  In those counties that count ballots at a central location, absentee ballots that are received may, in the discretion of the county clerk, be retained in a secure place in the clerk’s office and such ballots shall be added to the precinct returns at the time of ballot tabulation. Provided, however, for any election that takes place prior to December 31, 2020, absentee ballots may be opened and scanned beginning seven (7) days prior to election day. If the absentee ballots are opened prior to election day, the ballots shall be securely maintained in a nonproprietary electronic access-controlled room under twenty-four (24) hour nonproprietary video surveillance that is livestreamed to the public and which video must be archived for at least ninety (90) days following the election. The ballots shall be boxed and secured in the same access-controlled room each day after being opened or scanned. A minimum of two (2) election officials must be present whenever absentee ballots are accessed. No results shall be tabulated for absentee ballots until the polls close on the day of the election held prior to December 31, 2020.

(3)  The clerk shall deliver to the polls a list of those absentee ballots received to record in the official poll book that the elector has voted.

History:

[34-1007, added 1970, ch. 140, sec. 168, p. 351; am. 2002, ch. 236, sec. 2, p. 708; am. 2007, ch. 202, sec. 5, p. 622; am. 2020, 1st E.S., ch. 1, sec. 2, p. 7.]

34-1008.  DEPOSIT OF ABSENTEE BALLOTS. Between the opening and closing of the polls on such election day the judges of election of such precinct shall open the carrier envelope only, announce the absent elector’s name, and in the event they find such applicant to be a duly registered elector of the precinct and that he has not heretofore voted at the election, they shall open the return envelope and remove the ballot envelopes and deposit the same in the proper ballot boxes and cause the absent elector’s name to be entered on the poll books the same as though he had been present and voted in person. The ballot envelope shall not be opened until the ballots are counted.

History:

[34-1008, added 1970, ch. 140, sec. 169, p. 351; am. 1995, ch. 215, sec. 14, p. 753.]

34-1009.  CHALLENGING ABSENTEE ELECTOR’S VOTE. The vote of any absent elector may be challenged in the same manner as other votes are challenged and the receiving judges shall have power and authority to determine the legality of such ballot. If the challenge be sustained, or if the receiving judges determine, that the affidavit accompanying the absent elector’s ballot is insufficient, or that the elector is not a qualified registered elector the envelope containing the ballot of such elector shall not be opened and the judges shall endorse on the back of the envelope the reason therefor. If an absent elector’s envelope contains more than one (1) marked ballot of any one (1) kind, none of such ballots shall be counted and the judges shall make notations on the back of the ballots the reason therefor. Judges of election shall certify in their returns the number of absent electors’ ballots cast and counted and the number of such ballots rejected.

History:

[34-1009, added 1970, ch. 140, sec. 170, p. 351; am. 2004, ch. 248, sec. 1, p. 714.]

34-1010.  REJECTION OF DEFECTIVE BALLOTS. All absent electors’ identification envelopes, ballot stubs and absent electors’ ballots rejected by the judges in accordance with the provisions of this act shall be returned to the county clerk. All absent electors’ ballots received by the county clerk after 8:00 p.m. on the day of the general, primary or special election, together with the rejected absent electors’ ballots returned by the judges of election as provided in this section, shall remain in the sealed identification envelopes and be handled in the manner provided for other spoiled ballots.

History:

[34-1010, added 1970, ch. 140, sec. 171, p. 351; am. 1973, ch. 304, sec. 10, p. 646.]

34-1011.  COUNTY CLERK’S RECORD OF APPLICATIONS FOR ABSENT ELECTOR’S BALLOTS. The county clerk shall keep a record in his office containing a list of names and precinct numbers of electors making application for absent elector’s ballots, together with the date on which such application was made, the date on which such absent elector’s ballot was returned. If an absent elector’s ballot is not returned or if it be rejected and not counted, such fact shall be noted on the record. Such record shall be open to public inspection under proper regulations.

History:

[34-1011, added 1970, ch. 140, sec. 172, p. 351.]

34-1012.  ALTERNATIVE PROCEDURES FOR ABSENTEE VOTING — EARLY VOTING. (1) Those counties that utilize absentee voting facilities that have access to the Idaho statewide voter registration system and count ballots at a central location or utilize a polling location based tabulation system may elect to conduct "early voting" according to the provisions of this section. For those counties that elect to do "early voting," early voting shall begin on or before the third Monday before the election and end at 5:00 p.m. on the Friday before the election. Primary election ballots shall be issued pursuant to section 34-1002(2), Idaho Code.

(2)  A voter who appears at an "early voting" station to vote shall state his or her name and address to the election official and present the voter’s identification as required by sections 34-1113 and 34-1114, Idaho Code.

(3)  The election official shall examine the records to ascertain whether or not such applicant is registered and lawfully entitled to vote as requested. The provisions of section 34-408A, Idaho Code, authorizing election day registration shall also apply in determining the applicant’s qualifications to vote.

(4)  Before receiving a ballot, each elector shall sign his or her name in the election register and poll book provided for early voting.

(5)  The elector shall then be given the appropriate ballots containing the official election ballot identification pursuant to section 34-901, Idaho Code, and shall be given folding instructions for such ballots, if appropriate.

(6)  Upon receipt of the ballots, the elector shall retire to a vacant voting booth and mark the ballots according to the instructions provided.

(7)  After marking the ballot, the elector shall present himself or herself to the election official at the ballot box and state his or her name and address. The elector shall then deposit the ballot in the ballot box or hand it to the election official, who shall deposit it. The election official shall then record that the elector has voted and proclaim the same in an audible voice.

(8)  Voters requiring assistance shall be provided with such assistance in accordance with section 34-1108, Idaho Code.

(9)  Electioneering is prohibited at an early voting polling place as provided in section 18-2318, Idaho Code.

History:

[34-1012, added 2013, ch. 132, sec. 1, p. 302; am. 2016, ch. 138, sec. 1, p. 403.]

34-1013.  EARLY VOTING BALLOT SECURITY. (1)  A detailed plan for the security of ballots for early voting shall be submitted to the secretary of state for approval no later than the third Friday of January or at least thirty (30) days prior to implementing an early voting plan. Once an early voting plan has been approved by the secretary of state, the plan shall be approved for the entire election year, unless it is modified. Any modified plan shall be submitted to the secretary of state for approval. Once a plan is approved, the county clerk shall notify the secretary of state of the county’s intent to use the early voting process prior to each election and before early voting begins.

(2)  At a minimum, the following procedures must be followed:

(a)  The ballot boxes used for casting early ballots shall remain locked and secured with a numbered seal until the time of tabulation on election day;

(b)  A record shall be maintained consisting of the number of ballots issued by date and seal number of each ballot box used for early voting;

(c)  Arrangements shall be made to have a deputy sheriff, police officer or bonded private security firm secure the location; and

(d)  The actual counting of ballots shall not begin until election day, and the results shall not be released to the public until all voting places in the state have closed.

History:

[34-1013, added 2013, ch. 132, sec. 2, p. 303; am. 2018, ch. 155, sec. 1, p. 312.

34-101.  "GENERAL ELECTION" DEFINED — OFFICES TO BE FILLED — CONSTITUTIONAL AMENDMENTS. "General election" means the national, state and county election held on the first Tuesday succeeding the first Monday of November in each even-numbered year.

At these elections there shall be chosen all congressional, state and county officers, including electors of president and vice-president of the United States, as are by law to be elected in such years.

All amendments to the Idaho constitution shall be submitted to the voters for their approval at these elections.

History:

[34-101, added 1970, ch. 140, sec. 1, p. 351; am. 1971, ch. 194, sec. 1, p. 881.]

34-102.  "PRIMARY ELECTION" DEFINED — PURPOSES. (1)  "Primary election" means an election held for the purpose of nominating persons as candidates of political parties for election to offices, and for the purpose of electing persons as members of the controlling committees of political parties. Primary elections, with the exception of presidential primaries, shall be held on the third Tuesday of May in each even-numbered year.

(2)  "Presidential primary" means an election held for the purpose of allowing voters to express their choice of candidate for nomination by a political party for president of the United States. A presidential primary shall be held on the second Tuesday in March in each presidential election year.

History:

[34-102, added 1970, ch. 140, sec. 2, p. 351; am. 1971, ch. 194, sec. 2, p. 881; am. 1975, ch. 174, sec. 11, p. 469; am. 1979, ch. 309, sec. 1, p. 834; am. 2011, ch. 11, sec. 10, p. 30; am. 2012, ch. 33, sec. 1, p. 103; am. 2015, ch. 292, sec. 1, p. 1166.]

34-103.  "SPECIAL ELECTION" DEFINED. "Special election" means any election other than a general or primary election held at any time for any purpose provided by law.

History:

[34-103, added 1970, ch. 140, sec. 3, p. 351; am. 1971, ch. 194, sec. 3, p. 881.]

34-104.  "QUALIFIED ELECTOR" DEFINED. "Qualified elector" means any person who is eighteen (18) years of age, is a United States citizen and who has resided in this state and in the county at least thirty (30) days next preceding the election at which he desires to vote, and who is registered as required by law.

History:

[34-104, added 1970, ch. 140, sec. 4, p. 351; am. 1971, ch. 194, sec. 4, p. 881; am. 1972, ch. 350, sec. 1, p. 1036; am. 1973, ch. 304, sec. 1, p. 646; am. 1982, ch. 253, sec. 1, p. 645.]

34-105.  "REGISTERED ELECTOR" DEFINED. "Registered elector", for the purpose of this act, means any "qualified elector".

History:

[34-105, added 1970, ch. 140, sec. 5, p. 351; am. 1971, ch. 194, sec. 5, p. 881.]

34-106.  LIMITATION UPON ELECTIONS. On and after January 1, 2011, notwithstanding any other provisions of the law to the contrary, there shall be no more than two (2) elections conducted in any county in any calendar year, except as provided in this section, and except that elections to fill vacancies in the United States house of representatives shall be held as provided in the governor’s proclamation.

(1)  The dates on which elections may be conducted are:

(a)  The third Tuesday in May of each year; and

(b)  The Tuesday following the first Monday in November of each year.

(c)  In addition to the elections specified in paragraphs (a) and (b) of this subsection and subsection (7) of this section, an emergency election may be called upon motion of the governing board of a political subdivision. An emergency exists when there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for a national or local defense, or it is necessary to do emergency work to safeguard life, health or property.

(d)  In addition to the elections specified elsewhere in this section, a presidential primary shall be held on the second Tuesday in March in each presidential election year. Presidential primaries shall be held separately from other primary elections, which shall be held on the third Tuesday in May even in presidential election years.

(2)  Candidates for office elected in May shall take office on the date specified in the certificate of election but not more than sixty (60) days following the election.

(3)  Candidates for office elected in November shall take office as provided in the constitution, or on January 1, next succeeding the November election.

(4)  The governing board of each political subdivision subject to the provisions of this section, which, prior to January 1, 2011, conducted an election for members of that governing board on a date other than a date permitted in subsection (1) of this section, shall establish as the election date for that political subdivision the date authorized in subsection (1) of this section which falls nearest the date on which elections were previously conducted, unless another date is established by law.

(5)  The secretary of state is authorized to provide such assistance as necessary, and to prescribe any needed rules or interpretations for the conduct of election authorized under the provisions of this section.

(6)  Water districts governed by chapter 6, title 42, Idaho Code, are exempt from the provisions of this section.

(7)  Community colleges governed by chapter 21, title 33, Idaho Code, and school districts are subject to the limitations specified in subsection (1) of this section, except that school districts may also hold an election on the second Tuesday in March of each year and on the last Tuesday in August of each year on bonded indebtedness and property tax levy questions.

(8)  A city initiative or referendum election shall be held on the Tuesday following the first Monday in November of odd-numbered years. A county initiative or referendum election or a bond, levy and any other ballot question elections conducted by any political subdivision shall be held on the nearest date authorized in subsection (1) of this section which falls more than sixty (60) days after the clerk of the political subdivision orders that such election shall be held in May or November of even-numbered years or more than fifty (50) days after the order for all other elections, unless otherwise provided by law. Ballot language for any question to be placed on the ballot shall be submitted to the county clerk at least sixty (60) days before an election held in May or November of even-numbered years and at least fifty (50) days before all other elections.

(9)  Recall elections may be held on any of the four (4) dates authorized in subsections (1) and (7) of this section that fall more than forty-five (45) days after the clerk of the political subdivision orders that such election shall be held.

(10) Irrigation districts governed by title 43, Idaho Code, are subject to the limitations specified in subsection (1) of this section, except that irrigation districts may also hold an election on the first Tuesday in February of each year and on the first Tuesday in August of each year on questions required to be voted upon by title 43, Idaho Code.

History:

[34-106, added 1992, ch. 176, sec. 2, p. 554; am. 1993, ch. 313, sec. 3, p. 1158; am. 2007, ch. 92, sec. 2, p. 272; am. 2009, ch. 341, sec. 55, p. 1030; am. 2010, ch. 185, sec. 6, p. 386; am. 2011, ch. 11, sec. 11, p. 30; am. 2013, ch. 135, sec. 3, p. 308; am. 2015, ch. 285, sec. 1, p. 1155; am. 2015, ch. 292, sec. 2, p. 1167; am. 2018, ch. 238, sec. 1, p. 557.]

34-107.  "RESIDENCE" DEFINED. (1) "Residence," for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence.

(2)  In determining what is a principal or primary place of abode of a person the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, situs of residence for which the exemption in section 63-602G, Idaho Code, is filed, and motor vehicle registration.

(3)  A qualified elector who has left his home and gone into another state or territory or county of this state for a temporary purpose only shall not be considered to have lost his residence.

(4)  A qualified elector shall not be considered to have gained a residence in any county or city of this state into which he comes for temporary purposes only, without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there.

(5)  If a qualified elector moves to another state, or to any of the other territories, with the intention of making it his permanent home, he shall be considered to have lost his residence in this state.

History:

[34-107, added 1970, ch. 140, sec. 7, p. 351; am. 1971, ch. 194, sec. 7, p. 881; am. 1982, ch. 215, sec. 1, p. 589; am. 1989, ch. 147, sec. 1, p. 354; am. 1996, ch. 322, sec. 34, p. 1063.]

34-108.  "ELECTION OFFICIAL" DEFINED. "Election official" means the secretary of state, any county clerk, registrar, judge of election, clerk of election, canvassing board or board of county commissioners engaged in the performance of election duties as required by law.

History:

[34-108, added 1970, ch. 140, sec. 8, p. 351; am. 1971, ch. 194, sec. 8, p. 881.]

34-109.  "POLITICAL PARTY" DEFINED. "Political party" means an affiliation of electors representing a political group under a given name as authorized by law.

History:

[34-109, added 1970, ch. 140, sec. 9, p. 351.]

34-110.  "ELECTION REGISTER" DEFINED. "Election register" means the voter registration cards of all electors who are qualified to appear and vote at the designated polling places.

History:

[34-110, added 1970, ch. 140, sec. 10, p. 351.]

34-111.  "COMBINATION ELECTION RECORD AND POLL BOOK" DEFINED — OPERATION. (1) "Combination election record and poll book" means the book containing a listing of registered electors who are qualified to appear and vote at the designated polling places. An additional copy of the combination election record and poll book may be maintained to record that the elector has voted.

(2)  The county clerk shall deliver to the chief election judge in each precinct, as other election supplies and materials are delivered, a list in alphabetical order of all registered electors referred to in section 34-110, Idaho Code. This list shall constitute the combination election record and poll book of each precinct. This list shall include the residence address of each elector. For any given precinct, the list may be divided into two (2) or more separate parts and shall be alphabetical according to the name of the registered elector.

(3)  The county clerk shall administer an oath of office to the chief judge of each precinct, before or upon delivering supplies. The county clerk may delegate his authority to administer oath of the chief judge to any officer authorized to administer oaths, including notaries public.

(4)  Before entering upon the discharge of their duties, the election judges shall take and subscribe an oath in the combination election record and poll book. Such oaths shall be administered by the chief judge of the precinct. Should the chief judge fail to be present any officer authorized to administer oaths including notaries public may administer oaths to the election judges. Blank oaths of office shall be attached to the combination election record and poll book.

(5)  The combination election record and poll book shall be in the manner and form prescribed by the secretary of state.

(6)  Immediately after the close of the polls, the names of the electors who voted shall be counted and the number written and certified in the combination election record and poll book. The combination election record and poll book shall be immediately signed by each of the election board judges.

History:

[34-111, added 1970, ch. 140, sec. 11, p. 351; am. 1972, ch. 350, sec. 3, p. 1036; am. 1982, ch. 137, sec. 1, p. 388.]

34-111A.  "ELECTRONIC POLL BOOK" DEFINED. "Electronic poll book" means an electronic list of registered voters for a particular precinct or polling location that may be transported to the polling location. The electronic poll book shall contain the same information as the combination election record and poll book as defined in this chapter.

History:

[34-111A, added 2015, ch. 282, sec. 1, p. 1147.]

34-112.  "COUNTY CLERK" DEFINED. "County clerk" means the clerk of the district court.

History:

[34-112, added 1970, ch. 140, sec. 12, p. 351.]

34-113.  "CANDIDATE" DEFINED. "Candidate" means and includes every person for whom it is contemplated or desired that votes be cast at any political convention, primary, general or special election, and who either tacitly or expressly consents to be so considered, except candidates for president and vice-president of the United States.

History:

[34-113, added 1970, ch. 140, sec. 13, p. 351.]

34-114.  "TALLY BOOK" OR "TALLY LIST" DEFINED. "Tally book" or "tally list" means the forms in which the votes cast for any candidate or special question are counted and totaled at the polling precinct.

History:

[34-114, added 1970, ch. 140, sec. 14, p. 351.]

34-115.  REFERENCES TO MALE INCLUDE FEMALE AND MASCULINE INCLUDES FEMININE. All references to the male elector includes [include] the female elector and the masculine pronoun includes the feminine.

History:

[34-115, added 1970, ch. 140, sec. 15, p. 351.]

34-116.  CALENDAR DAYS USED IN COMPUTATION OF TIME. Calendar days shall be used in all computations of time made under the provisions of this act. In computing time for any act to be done before any election, the first day shall be included and the last, or election day, shall be excluded. Sundays, Saturdays and legal holidays shall be included, but if the time for any act to be done shall fall on Sunday, Saturday or a legal holiday, such act shall be done upon the day following such Sunday, Saturday or legal holiday.

History:

[34-116, added 1970, ch. 140, sec. 16, p. 351; am. 1995, ch. 215, sec. 1, p. 748.]

34-117.  "JUDICIAL NOMINATING ELECTION" DEFINED. "Judicial nominating election" means an election held for the purpose of selecting justices of the supreme court and judges of the district court as are by law to be selected at such election. This election shall be held on the date of the statewide primary election.

History:

[I.C., sec. 34-117, as added by 1971, ch. 194, sec. 9, p. 881.]

34-201.  SECRETARY OF STATE CHIEF ELECTION OFFICER. The secretary of state is the chief election officer of this state, and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws.

The secretary of state is responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed service voters and overseas voters with respect to elections for federal office as required by section 102 of the uniformed and overseas citizens absentee voting act (42 U.S.C. section 1973 et seq.).

If a national or local emergency or other situation arises which makes substantial compliance with the provisions of the uniformed and overseas citizens absentee voting act impossible or unreasonable, such as a natural disaster or an armed conflict involving United States armed forces, mobilization of those forces, including state national guard and reserve components of this state, the secretary of state may prescribe, by directive, such special procedures or requirements as may be necessary to facilitate absentee voting by those citizens directly affected who otherwise are eligible to vote in this state.

History:

[34-201, added 1970, ch. 140, sec. 17, p. 351; am. 2003, ch. 48, sec. 1, p. 181.]

34-202.  SECRETARY OF STATE TO DISTRIBUTE COMPREHENSIVE DIRECTIVES AND INSTRUCTIONS RELATING TO ELECTION LAWS TO ALL COUNTY CLERKS. In carrying out his responsibility under section 34-201, Idaho Code, the secretary of state shall cause to be prepared and distributed to each county clerk detailed and comprehensive written directives and instructions relating to and based upon the election laws as they apply to elections, registration of electors and voting procedures which by law are under the direction and control of the county clerk. Such directives and instructions shall include sample forms of ballots, papers, documents, records and other materials and supplies required by such election laws. The secretary of state shall develop and provide to each county clerk instructions and standards for the verification, acceptance, and rejection of elector signatures for any process requiring signature verification. The secretary of state shall prescribe a form for voter registration cards based on the voter registration laws and, from time to time, shall cause to be prepared and distributed to each county clerk such written corrections of such directives and instructions and of the form for registration cards as are necessary to maintain uniformity in the application, operation and interpretation of and to reflect changes in the election laws. Each county clerk affected thereby shall comply with such directives and instruction, and corrections thereof, and shall provide voter registration cards prepared in accordance with the prescribed form.

History:

[334-203.  ASSISTANCE AND ADVICE TO COUNTY CLERKS. In carrying out his responsibility under section 17 [34-201], the secretary of state shall assist and advise each county clerk with regard to the application, operation and interpretation of the election laws as they apply to elections, registration of electors and voting procedures which by laws are under the direction and control of the county clerk.

History:

[34-203, added 1970, ch. 140, sec. 19, p. 351.]4-202, added 1970, ch. 140, sec. 18, p. 351; am. 2021, ch. 262, sec. 1, p. 807.]

34-204.  CONFERENCES WITH COUNTY CLERKS ON ADMINISTRATION OF ELECTION LAWS. In carrying out his responsibility under section 34-201, Idaho Code, the secretary of state shall cause to be organized and conducted at convenient places and times in this state at least three (3) conferences on the administration of the election laws. The secretary of state shall cause written notice of the place and time of each conference to be given to each county clerk. Each county clerk or his designated deputy shall attend at least one (1) of the conferences and shall comply with the instructions given under the authority of the secretary of state at each conference such county clerk attends.

History:

[34-204, added 1970, ch. 140, sec. 20, p. 351; am. 2015, ch. 292, sec. 3, p. 1168.]

34-205.  DUTIES OF SECRETARY OF STATE RELATING TO ELECTION LAWS. The secretary of state shall:

(1)  Prepare and cause to be printed, in appropriate and convenient form, periodic compilations and digests of the election laws.

(2)  Distribute in appropriate quantities to the county clerks for use by such county clerks and by election boards, copies of such compilations and digests and the sample form of such supplies and materials necessary to conduct elections as the secretary of state considers appropriate, including poll books, tally sheets, return sheets and abstract of vote sheets.

(3)  Make such compilations and digests available for distribution, free or at cost, to interested persons.

History:

[34-205, added 1970, ch. 140, sec. 21, p. 351.]

34-206.  GENERAL SUPERVISION OF ADMINISTRATION OF ELECTION LAWS BY COUNTY CLERKS. Subject to and in accordance with the directives and instructions prepared and distributed or given under the authority of the secretary of state, each county clerk shall exercise general supervision of the administration of the election laws by each local election official in his county for the purpose of achieving and maintaining a maximum degree of correctness, impartiality, efficiency and uniformity in such administration by local election officials. Such directives and instructions shall be directed to and shall be complied with by each local election official affected thereby.

History:

[34-206, added 1970, ch. 140, sec. 22, p. 351; am. 1971, ch. 69, sec. 1, p. 155.]

34-208.  DUTIES OF COUNTY CLERKS RELATING TO SUPERVISION OF ELECTION LAWS. In carrying out his exercise of general supervision under section 34-206, each county clerk shall:

(1)  Require that each local election official shall use such ballots, papers, documents, records and other materials and supplies as directed by the secretary of state.

(2)  Require each local election official in his county to submit reports pertaining to the administration of the election laws by such local election official. Each local election official shall comply with any such requirement.

(3)  Inspect and observe the administration of the election laws by any local election official in his county at any time he deems necessary.

(4)  Carry on a program of in-service training for local election officials in his county by periodically distributing to them such bulletins, manuals and other informational instructional materials and by establishing and conducting such classes of instruction pertaining to the administration of the election laws by local election officials as the county clerk considers desirable.

History:

[34-208, added 1970, ch. 140, sec. 24, p. 351; am. 1971, ch. 69, sec. 3, p. 155.]

34-209.  POWERS OF COUNTY CLERKS. (1) The county clerk may employ such personnel and procure such equipment, supplies, materials, books, papers, records and facilities of every kind as he considers necessary to facilitate and assist in carrying out his functions in connection with administering the election laws; except that procurement of voting machines or vote tally systems shall be conducted in accordance with the provisions of section 34-2405, Idaho Code.

(2)  The necessary expenses incurred by the county clerk in administering the election laws, including reasonable rental for polling places, shall be allowed by the board of commissioners and paid out of the county treasury.

(3)  The county clerk and his deputies may administer oaths and affirmations in connection with the performance of their functions in administering the election laws.

History:

[34-209, added 1970, ch. 140, sec. 25, p. 351; am. 1972, ch. 131, sec. 1, p. 260.]

34-210.  PREPARATION OF BALLOTS, PAPERS, DOCUMENTS, RECORDS, AND OTHER MATERIALS AND SUPPLIES REQUIRED. Subject to any applicable election law, the county clerk may devise, prepare and use in his administration of the election laws the ballots, papers, documents, records and other materials and supplies required or permitted by the election laws or otherwise necessary in such administration by such county clerk.

History:

[34-210, added 1970, ch. 140, sec. 26, p. 351.]

34-211.  OFFICE OF COUNTY CLERK OPEN AS LONG AS POLLS ARE OPEN. On the day of any general, special or primary election held throughout the county, the county clerk shall keep his office open for the transaction of business pertaining to the election from the time the polls are opened in the morning continuously until the polls are closed.

History:

[34-211, added 1970, ch. 140, sec. 27, p. 351.]

34-212.  REPORTS TO PROSECUTING ATTORNEY OF NONCOMPLIANCE WITH ELECTION LAWS BY COUNTY CLERK. (1) Any person having knowledge of any failure of a county clerk to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state may notify the prosecuting attorney of the county. Upon receipt of such notification the prosecuting attorney shall proceed immediately to investigate the alleged failure of the county clerk to comply. Upon the conclusion of the investigation the prosecuting attorney shall advise and direct the county clerk with regard to how he must proceed in connection with the matter. The county clerk shall proceed immediately to comply with the directive of the prosecuting attorney.

(2)  If the prosecuting attorney, upon the conclusion of an investigation under subsection (1) of this section, determines that the county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, and that such failure to comply involves a violation by the county clerk of any statute, the violation of which is punishable by a criminal penalty or forfeiture of office, the prosecuting attorney shall promptly proceed to prosecute such violation by the county clerk.

(3)  The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, or who violates any statute.

History:

[34-212, added 1970, ch. 140, sec. 28, p. 351.]

34-213.  MANDAMUS TO ENFORCE COMPLIANCE BY COUNTY CLERK. (1) Whenever it appears to the secretary of state that a county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, the secretary of state may apply to the appropriate district court or a judge thereof for a writ of mandamus to compel the county clerk to comply with such directive or instruction. In any such mandamus proceeding it is a defense that the directive or instruction in question is unlawful.

(2)  The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state.

History:

[34-213, added 1970, ch. 140, sec. 29, p. 351.]

34-214.  NONCOMPLIANCE BY LOCAL COUNTY ELECTION OFFICIALS — ENFORCEMENT BY COUNTY CLERK. (1) Whenever it appears to a county clerk that any local election official in his county has failed to comply with any election law or any directive or instruction prepared and issued by the county clerk, the county clerk may issue an order to such local election official. The order shall specify in what manner the local election official has failed to comply, indicate the proper manner of compliance and direct the local election official to so comply with such law or directive or instruction within a designated reasonable time.

(2)  If the local election official fails to comply as directed by the order of the county clerk, the county clerk may apply to a judge of the district court for the county in which the county clerk holds office for an order, returnable within five (5) days from the date thereof, to compel the local election official to comply with the order of the county clerk or to show cause why he should not be so compelled. Upon receipt of the application of the county clerk the judge shall issue the appropriate order, which shall be final. The judge shall dispose of the matter as soon as possible and not more than ten (10) days after his order is returned by the local election official.

(3)  The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against the non-complying local election official.

History:

[34-214, added 1970, ch. 140, sec. 30, p. 351.]

34-215.  APPEALS BY AGGRIEVED PERSONS. (1) Any person adversely affected by any act or failure to act by the secretary of state or a county clerk under any election law, or by any order, rule, regulation, directive or instruction made under the authority of the secretary of state or of a county clerk under any election law, may appeal therefrom to the district court for the county in which the act or failure to act occurred or in which the order, rule, regulation, directive or instruction was made or in which such person resides.

(2)  Any party to the appeal proceedings in the district court under subsection (1) of this section may appeal from the decision of the district court to the supreme court.

(3)  The district courts and supreme court, in their discretion, may give such precedence on their dockets to appeals under this section as the circumstances may require.

(4)  The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against any act or failure to act by the secretary of state or a county clerk under any election law or against any order, rule, regulation, directive or instruction made under the authority of the secretary of state or a county clerk under any election law.

History:

[34-215, added 1970, ch. 140, sec. 31, p. 351.]

34-216.  GRIEVANCE PROCEDURES. The secretary of state shall promulgate rules in compliance with chapter 52, title 67, Idaho Code, establishing a state-based administrative complaint procedure as required by the help America vote act (P.L. 107-252).

History:

[34-216, added 2003, ch. 48, sec. 2, p. 182.]

34-217.   RETENTION OF COUNTY ELECTION RECORDS. County election records shall be maintained by the county clerk for the time periods outlined in this section. Records shall be maintained for the period specified beginning with the date the record is created or has become no longer valid, whichever is greater.

(1)  The following records shall be retained for not less than five (5) years:

(a)  Voter registration cards for electors whose registration has been terminated;

(b)  Correspondence relating to an elector’s voter registration;

(c)  Combination election record and poll book, including the ballot accounting page;

(d)  Declaration of candidacy and petition of candidacy forms filed with the county clerk;

(e)  Maps of precinct boundaries with legal descriptions;

(f)  List of absentee voters; and

(g)  County initiatives and petitions that qualify for placement on the ballot.

(2)  The following shall be retained for two (2) years:

(a)  Completed absentee ballot request forms;

(b)  Tally books;

(c)  Voted ballots;

(d)  Any ballots that were required to be duplicated before being counted;

(e)  Certified lists of candidates or declaration of candidacy forms from special districts used for ballot preparation;

(f)  Certified ballot language from special districts for any question placed on the ballot; and

(g)  Absentee ballot affidavit envelopes, including the indication of the signature’s acceptance or rejection.

(3)  The following shall be maintained for one (1) year:

(a)  Notice of election;

(b)  Personal identification affidavit;

(c)  Ballot tracking logs;

(d)  Automated tabulation election logs;

(e)  Copy of the election definition and program used in tabulating ballots electronically and in the ballot marking device; and

(f)  Record of the number of ballots printed and furnished to each polling place.

(4)  Other election supplies, including but not limited to unused ballots, official election ballot identification or official ballot stamps, receipts for supplies, and spoiled ballots, may be disposed of sixty (60) days following the deadline for requesting a recount or filing an election contest pursuant to chapters 20 and 21, title 34, Idaho Code.

History:

[34-217, added 2011, ch. 285, sec. 2, p. 779; am. 2012, ch. 211, sec. 2, p. 573; am. 2013, ch. 285, sec. 1, p. 735; am. 2018, ch. 78, sec. 1, p. 177; am. 2021, ch. 262, sec. 2, p. 807.]

34-218.  ELECTION ADMINISTRATION — PRIVATE MONEYS PROHIBITED. Elections held in this state must be funded only by lawful appropriations from the government of the United States, the state of Idaho, or other local governments, including counties, cities, and special taxing districts. No county clerk, local elections office, or other local governing body administering or conducting an election may accept or expend moneys in any amount or accept any items or goods with a total value in excess of one hundred dollars ($100) from any private persons, corporations, organizations, business entities, political parties, or any other private entity. This section does not apply to the collection of fees authorized by law or to the donation of a facility or space for the use of election officials in holding an election.

History:

[34-218, added 2021, ch. 275, sec. 1, p. 827.]

34-301.  ESTABLISHMENT OF ELECTION PRECINCTS BY COUNTY COMMISSIONERS — LISTS AND MAPS TO BE FURNISHED TO SECRETARY OF STATE. (1)  The board of county commissioners in each county shall establish a convenient number of election precincts therein. The board of county commissioners may establish an absentee voting precinct for each legislative district within the county. The boundaries of such absentee precincts shall be the same as those of the legislative districts for which they were established. The board shall have the authority to create new or consolidate established precincts only within the boundaries of legislative districts. No county shall have less than two (2) precincts. This board action shall be done no later than January 15 in a general election year. The January 15 deadline shall be waived during a general election year in which a legislative or court-ordered redistricting plan is adopted. In such cases, any precinct boundary adjustments shall be accomplished by the county commissioners as soon as is practicable.

(2)  The county clerk of each county shall provide, and the secretary of state shall maintain in his office, a current and accurate report of the following:

(a)  A list of all precincts within the county;

(b)  A map and description of all precincts within the county;

(c)  A count of voters registered for the latest general election, by precinct; and

(d)  A count of votes cast at the latest general election, by precinct.

History:

[34-301, added 1970, ch. 140, sec. 32, p. 351; am. 1971, ch. 210, sec. 1, p. 919; am. 1972, ch. 141, sec. 1, p. 308; am. 1973, ch. 177, sec. 1, p. 393; am. 1974, ch. 212, sec. 1, p. 1557; am. 1976, ch. 73, sec. 1, p. 242; am. 1977, ch. 8, sec. 3, p. 17; am. 1992, ch. 152, sec. 1, p. 458; am. 2009, ch. 52, sec. 13, p. 145; am. 2019, ch. 96, sec. 1, p. 344.]

34-302.  DESIGNATION OF PRECINCT POLLING PLACES. The board shall, by the fifth Friday before any election, designate a suitable polling place for each election precinct. Insofar as possible, the board shall designate the same polling place for the general election that it designated for the primary election. The physical arrangements of the polling place shall be sufficient to guarantee all voters the right to cast a secret ballot. Public school facilities shall be made available to the board as precinct polling places. All polling places designated as provided herein shall conform to the accessibility standards adopted by the secretary of state pursuant to the voting accessibility for the elderly and handicapped act, 52 U.S.C. 20101 et seq. The expense of providing such polling places shall be a public charge and paid out of the county treasury.

History:

[34-302, added 1970, ch. 140, sec. 33, p. 351; am. 1973, ch. 304, sec. 2, p. 646; am. 1978, ch. 38, sec. 1, p. 67; am. 1985, ch. 115, sec. 2, p. 238; am. 2019, ch. 96, sec. 2, p. 345; am. 2019, ch. 283, sec. 1, p. 824.]

34-303.  APPOINTMENT OF ELECTION JUDGES BY COUNTY CLERK. (1)  The county clerk shall appoint two (2) or more election judges, one (1) of whom shall be designated chief judge, and the number of clerks deemed necessary by him for each polling place. In the event a single polling place is designated for two (2) or more precincts, an individual may serve simultaneously on the election board for two (2) or more precincts thus served by a single polling place. The precinct committeemen shall recommend persons for the position in their respective precincts to the county clerk in writing by the fifth Friday prior to the primary election and the county clerk shall appoint the judges from such lists if the persons recommended are qualified.

(2)  The chief election judge shall be responsible for the conduct of the proceedings in the polling place. Compensation for all election personnel shall be determined by the board of county commissioners at no less than the minimum wage as prescribed by the laws of the state of Idaho.

(3)  Each election board shall contain personnel representing all existing political parties if a list of applicants has been provided to the county clerk by the precinct committeemen of the precincts by the prescribed deadline.

(4)  In order to provide for a greater awareness of the election process, the rights and responsibilities of voters and the importance of participating in the electoral process, as well as to provide additional members of precinct boards, a county clerk may appoint not more than two (2) students per precinct to serve under the direct supervision of election board members designated by the county clerk. A student may be appointed, notwithstanding lack of eligibility to vote, if the student possesses the following qualifications:

(a)  Is at least sixteen (16) years of age at the time of the election for which he or she is serving as a member of an election board; and

(b)  Is a citizen of the United States.

History:

[34-303, added 1970, ch. 140, sec. 34, p. 351; am. 1971, ch. 210, sec. 2, p. 919; am. 1977, ch. 8, sec. 4, p. 17; am. 2003, ch. 48, sec. 3, p. 182; am. 2004, ch. 113, sec. 1, p. 386; am. 2018, ch. 154, sec. 1, p. 311; am. 2019, ch. 96, sec. 3, p. 345.]

34-304.  CHALLENGERS — WATCHERS. The county clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the day of election, direct that the election judges permit one (1) person authorized by each political party, if the election is a partisan election, to be at the polling place for the purpose of challenging voters, and shall, if requested, permit any one (1) person authorized by a candidate, several candidates or political party, to be present to serve as a watcher to observe the conduct of the election. Such authorization shall be evidenced by a writing signed by the county chairman and secretary of the political party, if the election is a partisan election, or by the candidate or candidates, and filed with the county clerk. Where the issue before the electors is other than the election of officers, the clerk shall, upon receipt of a written request, such request to be received no later than twelve (12) days prior to the date of voting on the issue or issues, direct that the election judges permit one (1) pro and one (1) con person to be at the polling place for the purpose of challenging voters and to observe the conduct of the election. Such authorization shall be evidenced in writing signed by the requesting person and shall state which position relative to the issue or issues the person represents. Persons who are authorized to serve as challengers or watchers shall wear a visible name tag which includes their respective titles. A watcher is entitled to observe any activity conducted at the location at which the watcher is serving, provided however, that the watcher does not interfere with the orderly conduct of the election. If the watchers are present at the polling place when ballots are counted they shall not absent themselves until the polls are closed. A watcher serving at a central counting station may be present at any time the station is open for the purpose of processing or preparing to process election results and until the election officers complete their duties at the station. If the county clerk does not receive the list of names of those desired to be present for the purpose of either poll watching or challenging within the time prescribed above, the clerk shall not allow the presence of such persons later seeking to serve in those capacities.

History:

[34-304, added 1970, ch. 140, sec. 35, p. 351; am. 1972, ch. 141, sec. 2, p. 308; am. 1973, ch. 304, sec. 3, p. 646; am. 2006, ch. 70, sec. 1, p. 214; am. 2009, ch. 341, sec. 56, p. 1031.]

34-305.  COUNTY CLERK CHIEF COUNTY ELECTIONS OFFICER. The county clerk is the chief elections officer of his county and it is his responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. The county clerk shall comply with the lawful directives and instructions given him by the secretary of state.

History:

[I.C., sec. 34-305, as added by 1971, ch. 210, sec. 3, p. 919.]

34-306.  PRECINCT BOUNDARY REQUIREMENTS. (1) Precinct boundaries shall follow visible, easily recognizable physical features on the ground including, but not limited to, streets, railroad tracks, roads, streams and lakes. The exception shall be when a precinct boundary coincides with a city, county, Indian reservation or school district boundary which does not follow a visible feature.

(2)  In order to achieve compliance with the requirements of this section, and simultaneously maintain legislative district boundaries which may not follow visible features, a county may designate subprecincts within precincts, the internal boundaries of which do not follow visible features.

History:

[34-306, added 1977, ch. 8, sec. 2, p. 16; am. 1989, ch. 261, sec. 1, p. 639; am. 1992, ch. 284, sec. 1, p. 876.]

34-307.  PRECINCT BOUNDARIES MAINTAINED. From January 15 in any year ending in 8 through September 15 in any year ending in 1, the board of county commissioners shall make no changes in precinct boundaries, except that a single precinct may be divided into two (2) or more new precincts wholly contained within the original precinct.

History:

[34-307, added 1998, ch. 276, sec. 1, p. 907.]

34-308.  MAIL BALLOT PRECINCT. (1)  A precinct within the county that contains no more than one hundred forty (140) registered electors at the last general election may be designated by the board of county commissioners as a mail ballot precinct no later than April 1 in an even-numbered year. Such a designation shall apply thereafter to all elections conducted within the precinct until revoked by the board of county commissioners or until the precinct contains one hundred fifty-one (151) registered electors at the last general election. Having designated a mail ballot precinct, there shall be no voting place established within the precinct. Elections in a mail ballot precinct shall be conducted in a manner consistent with absentee voting with the special provisions provided in this section.

(2)  The clerk shall issue a ballot, by mail, to every registered voter in a mail ballot precinct and shall affix postage to the return envelope sufficient to return the ballot.

(3)  The ballot shall be mailed no sooner than twenty-four (24) days prior to the election day and no later than the fourteenth day prior to the election.

(4)  The clerk shall make necessary provisions to segregate mail ballot precinct ballots by precinct and, for all purposes of the election, the precinct integrity shall be maintained.

(5)  The clerk shall make registration available in the office of the clerk on election day for any individual who is eligible to vote and who resides in a mail ballot precinct and has not previously registered. The clerk shall provide an official polling place in the office of the clerk, and a qualified elector who registers on election day and resides in a mail ballot precinct shall be allowed to vote at the office of the clerk.

(6)  (a)  Except as provided in paragraph (b) of this subsection, electors who have designated a political party affiliation pursuant to section 34-404, Idaho Code, shall receive the primary election ballot for that party pursuant to sections 34-904 and 34-904A, Idaho Code.

(b)  Electors who have designated a political party affiliation pursuant to section 34-404, Idaho Code, may receive the primary election ballot of a political party other than the political party such elector is affiliated with if such other political party has provided notification to the secretary of state that identifies the political party such elector is affiliated with, as provided for in section 34-904A(2)(b), Idaho Code.

(7)  For "unaffiliated" electors, in order to receive a political party’s primary election ballot pursuant to section 34-904A, Idaho Code, the county clerk shall mail a ballot request form for the primary election ballot to the electors in a mail ballot precinct for the electors to use in selecting the party ballot they choose to receive.

(a)  In the event that more than one (1) political party allows electors designated as "unaffiliated" to vote in their party’s primary election pursuant to section 34-904A, Idaho Code, an elector designated as "unaffiliated" shall indicate on the form such elector’s choice of the political party’s primary election ballot in order to vote in that party’s primary election.

(b)  In the event no more than one (1) political party allows electors designated as "unaffiliated" to vote in their party’s primary election pursuant to section 34-904A, Idaho Code, an elector designated as "unaffiliated" shall indicate on the form that political party’s primary election ballot in order to vote in that political party’s primary election.

(c)  If an elector designated as "unaffiliated" is not permitted to vote in a political party’s primary election as provided for in section 34-904A, Idaho Code, such elector shall receive a nonpartisan ballot.

(d)  If an elector designated as "unaffiliated" does not indicate on the form a choice of political party’s primary election ballot, such elector shall receive a nonpartisan ballot.

History:

[34-308, added 2004, ch. 165, sec. 1, p. 541; am. 2011, ch. 319, sec. 2, p. 929; am. 2019, ch. 97, sec. 1, p. 355.]

34-1401.  ELECTION ADMINISTRATION. (1)  Notwithstanding any provision to the contrary, the county clerk shall administer all elections on behalf of any political subdivision, subject to the provisions of this chapter, including all special district elections and elections of special questions submitted to the electors as provided in this chapter. Water districts governed by chapter 6, title 42, Idaho Code, recreational water and/or sewer districts as defined in section 42-3202A, Idaho Code, aquifer recharge districts governed by chapter 42, title 42, Idaho Code, ground water management districts governed by chapter 51, title 42, Idaho Code, ground water districts governed by chapter 52, title 42, Idaho Code, and irrigation districts governed by title 43, Idaho Code, are exempt from the provisions of this chapter. Municipal elections shall be conducted under the provisions of this chapter except for the specific provisions of chapter 4, title 50, Idaho Code. All school district and highway district elections shall be conducted pursuant to the provisions of this chapter 14, title 34, Idaho Code. All highway district and school district elections shall be administered by the clerk of the county wherein the district lies. Elections in a joint school district or other political subdivisions that extend beyond the boundaries of a single county shall be conducted jointly by the clerks of the respective counties, and the clerk of the home county shall exercise such powers as are necessary to coordinate the election. "Home county" shall be defined as the county in which the business office for the district or political subdivision is located.

(2)  For the purposes of achieving uniformity, the secretary of state shall, from time to time, provide directives and instructions to the various county clerks. Unless a specific exception is provided in this chapter, the provisions of this chapter shall govern in all questions regarding the conduct of elections on behalf of all political subdivisions. In all matters not specifically covered by this chapter, other provisions of title 34, Idaho Code, governing elections shall prevail over any special provision which conflicts therewith.

(3)  The county clerk shall conduct the elections for political subdivisions and shall perform all necessary duties of the election official of a political subdivision including, but not limited to, notice of the filing deadline, notice of the election, and preparation of the election calendar.

History:

[34-1401, added 1992, ch. 176, sec. 4, p. 555; am. 1993, ch. 313, sec. 5, p. 1160; am. 1993, ch. 379, sec. 1, p. 1392; am. 1996, ch. 298, sec. 1, p. 977; am. 2009, ch. 341, sec. 59, p. 1032; am. 2010, ch. 185, sec. 9, p. 387; am. 2011, ch. 11, sec. 15, p. 32; am. 2021, ch. 325, sec. 3, p. 992.]

34-1402.  REGISTRATION. All electors must register with the county clerk before being able to vote in any primary, general, special or any other election conducted in this state. The county clerk shall determine, for each registered elector, the elections for which he is eligible to vote by a determination of the applicable code areas. The determination of tax code area shall be made for all political subdivisions including those otherwise exempt from the provisions of this chapter.

The county clerk shall conform to the provisions of chapter 4, title 34, Idaho Code, in the administration of registration for all political subdivisions within the county.

History:

[34-1402, added 1992, ch. 176, sec. 4, p. 555; am. 2003, ch. 48, sec. 13, p. 187; am. 2011, ch. 285, sec. 12, p. 783.]

34-1403.  CONDUCT OF ELECTIONS. All elections conducted in this state on behalf of each political subdivision within the county shall be conducted in a uniform manner with regard to the qualifications of electors and shall be conducted on the dates as provided by law. In the event that a statute governing a political subdivision provides for qualifications more restrictive than the qualifications for an elector in section 34-402, Idaho Code, the election official of the district shall provide an elector’s oath to be executed at the time of the election certifying to the elector’s qualifications for the specific election.

History:

[34-1403, added 1992, ch. 176, sec. 4, p. 556; am. 1993, ch. 313, sec. 6, p. 1160.]

34-1404.  DECLARATION OF CANDIDACY. Candidates for election in any political subdivision shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the office for which the nomination is made, the term for which nomination is made, bear the signature of not less than five (5) electors of the candidate’s specific zone or district of the political subdivision, and be filed with the clerk of the political subdivision. The form of the nominating petition shall be as provided by the county clerk and shall be uniform for all political subdivisions. For an election to be held on the third Tuesday in May, in even-numbered years, the nomination petition shall be filed during the period specified in section 34-704, Idaho Code. The clerk of the political subdivision shall verify the qualifications of the nominees and shall, no more than seven (7) days after the close of filing, certify the nominees to be placed on the ballot of the political subdivision. For an election to be held on the first Tuesday after the first Monday of November, in even-numbered years, the nomination shall be filed on or before September 1. The clerk of the political subdivision shall verify the qualifications of the nominees and shall, not later than seven (7) days after the close of filing, certify the nominees to be placed on the ballot of the political subdivisions. For all other elections, the nomination shall be filed not later than 5:00 p.m. on the ninth Friday preceding the election for which the nomination is made. The clerk of the political subdivision shall verify the qualifications of the nominee and shall, not more than seven (7) days following the filing, certify the nominees to be placed on the ballot of the political subdivision.

History:

[34-1404, added 1993, ch. 313, sec. 8, p. 1161; am. 2009, ch. 341, sec. 60, p. 1033; am. 2010, ch. 185, sec. 10, p. 388; am. 2011, ch. 11, sec. 16, p. 33; am. 2014, ch. 162, sec. 3, p. 457.]

34-1405.  NOTICE OF ELECTION FILING DEADLINE. (1) Not more than fourteen (14) nor less than seven (7) days preceding the candidate filing deadline for an election, the county clerk shall cause to be published a notice of the forthcoming candidate filing deadline for all taxing districts. The notice shall include not less than the name of the political subdivision, the place where filing for each office takes place, and a notice of the availability of declarations of candidacy. The notice shall be published in the official newspaper of the political subdivision.

(2)  The secretary of state shall compile an election calendar annually which shall include not less than a listing of the political subdivisions which will be conducting candidate elections in the forthcoming year, the place where filing for each office takes place, and the procedure for a declaration of candidacy. Annually in December, the county clerk shall cause to be published the election calendar for the county for the following calendar year. This publication shall be in addition to the publication required by paragraph (1) of this section. The election calendar for the county shall be published in at least two (2) newspapers published within the county, but if this is not possible, the calendar shall be published in one (1) newspaper which has general circulation within the county. Copies of the election calendar shall be available, without charge, from the office of the secretary of state or the county clerk.

History:

[34-1405, added 1992, ch. 176, sec. 4, p. 556; am. 1993, ch. 313, sec. 9, p. 1161; am. 2009, ch. 341, sec. 61, p. 1034.]

34-1405A.  WITHDRAWAL OF CANDIDACY. A candidate for nomination or candidate for election to an office may withdraw from the election by filing a notarized statement of withdrawal with the officer with whom his declaration of candidacy was filed. The statement must contain all information necessary to identify the candidate and the office sought and the reason for withdrawal. A candidate may not withdraw later than forty-six (46) days before an election.

History:

[34-1405A, added 2011, ch. 11, sec. 17, p. 33; am. 2019, ch. 96, sec. 12, p. 350.]

34-1406.  NOTICE OF ELECTION. The county clerk shall give notice for each political subdivision for any election by publishing such notice in the official newspaper of the county. The notice shall state the date of the election, the polling places, and the hours during which the polls shall be open for the purpose of voting. The first publication shall be made not less than twelve (12) days prior to the election, and the last publication of notice shall be made not less than five (5) days prior to the election. For each primary, general and special election, the county clerk shall cause to be published a facsimile, except as to size, of the sample ballot in at least two (2) newspapers published within the county, but if this is not possible, the sample ballot shall be published in one (1) newspaper published within the county or one (1) newspaper that has general circulation within the county. Such publication shall be in conjunction with the second notice of election required by this section. The political subdivision shall notify the county clerk in writing of the official newspaper of the political subdivision.

History:

[34-1406, added 1992, ch. 176, sec. 4, p. 557; am. 1993, ch. 313, sec. 10, p. 1162; am. 2009, ch. 341, sec. 62, p. 1034; am. 2011, ch. 11, sec. 18, p. 34.]

34-1407.  WRITE-IN CANDIDATES. (1)  No write-in candidate for any nonpartisan elective office shall be counted unless a declaration of intent has been filed indicating that the person desires the office and is legally qualified to assume the duties of the office. The declaration of intent shall be filed with the clerk of the political subdivision by no later than the eighth Friday before the date of the election.

(2)  If the statutes governing elections within a specific political subdivision provide that no election shall be held in the event that no more than one (1) candidate has filed for an office, that statute shall be interpreted in such a manner as to allow for filing a declaration of intent for a write-in candidate until the eighth Friday preceding the election. However, if no candidate has filed within that time, no election shall be held for that political subdivision. The provisions of this section shall not apply to candidates in the primary or general election covered by the provisions of section 34-702A, Idaho Code.

History:

[34-1407, added 1992, ch. 176, sec. 4, p. 557; am. 1993, ch. 313, sec. 11, p. 1162; am. 1997, ch. 362, sec. 1, p. 1070; am. 2011, ch. 11, sec. 19, p. 34; am. 2019, ch. 96, sec. 13, p. 350; am. 2020, ch. 69, sec. 5, p. 158.]

34-1408.  ABSENTEE BALLOTS. Any registered elector may vote at any election by absentee ballot as provided in chapter 10, title 34, Idaho Code. In the event of a written application to the county clerk for an absentee ballot, the application shall be deemed to be an application for all ballots to be voted in the election, and the county clerk shall provide the ballot of the political subdivision to the elector.

History:

[34-1408, added 1992, ch. 176, sec. 4, p. 558; am. 2010, ch. 185, sec. 11, p. 388.]

34-1409.  CONDUCT OF ELECTION ON ELECTION DAY. At all elections conducted by any political subdivision, the polls shall be opened at 8:00 a.m. and remain open until all registered electors of that precinct have appeared and voted or until 8:00 p.m. of the same day, whichever comes first. However, the election official may, at his option, open the polls in his jurisdiction at 7:00 a.m.

All political subdivisions conducting elections on the same date shall, whenever practicable, use the same polling places.

History:

[34-1409, added 1992, ch. 176, sec. 4, p. 558.]

34-1410.  CANVASSING OF ELECTION RESULTS. The board of county commissioners shall conduct the canvass of the election results within ten (10) days after the election, in the manner provided in chapter 12, title 34, Idaho Code. The county clerk shall certify the election results to the clerk of each political subdivision for which an election was held. Each political subdivision shall issue the appropriate certificates of election.

History:

[34-1410, added 1992, ch. 176, sec. 4, p. 558; am. 2010, ch. 185, sec. 12, p. 389; am. 2011, ch. 11, sec. 20, p. 34.]

34-1411.  PAYMENT OF ELECTION EXPENSES BY COUNTY. (1) On and after January 1, 2011, no county shall charge any taxing district, as defined in section 63-201, Idaho Code, for expenses associated with conducting any election on behalf of any taxing district, with the exception of expenses associated with conducting municipal runoff elections, which shall be paid by the city adopting runoff elections pursuant to the provisions of section 50-612 or 50-707B, Idaho Code. Expenses associated with conducting taxing district elections shall include:

(a)  Costs of ballot preparation, distribution, printing and counting, including absentee ballots.

(b)  Costs of printing poll books and costs of tally books, stamps, signs and any other voting supplies, publications and equipment.

(c)  Wages or other compensation for election judges and clerks or any county employees or officials performing duties associated with conducting taxing district elections.

(d)  Costs paid for renting polling facilities.

(e)  Acquisition, repair, maintenance or any other costs associated with voting machines or vote tally systems as defined in subsections (9) and (10) of section 34-2401, Idaho Code.

(f)  Costs of publishing and printing election notices and ballots.

(2)  Counties shall not be responsible for any election expenses prior to the time any taxing district orders an election, such as notice and costs for public hearings and notice and costs for public hearings on ballot measures.

(3)  Notwithstanding the provisions of subsection (1) of this section, all ballot questions shall be limited to two hundred fifty (250) words or less. If a ballot question is in excess of two hundred fifty (250) words, the entity proposing a ballot question that is not a state constitutional amendment shall be required to pay the ballot printing costs associated with the ballot question.

History:

[34-1411, added 2009, ch. 341, sec. 63, p. 1035.]

34-1412.  TERMS OF OFFICE GOING BEYOND NEXT ELECTION DATE. Notwithstanding any other provision of law to the contrary, whenever a member of the governing board of a taxing district has been elected to a term of office that goes beyond the next election date as provided by statute, such member of the governing board shall be entitled to serve his or her term of office and shall continue to serve until the following election provided by statute. All governing board members elected on and after January 1, 2011, shall serve terms of office beginning and ending as otherwise provided by statute.

History:

[34-1412, added 2011, ch. 11, sec. 21, p. 34.]

34-1413.  PROCEDURES FOR CERTAIN POLITICAL SUBDIVISION ELECTIONS TO MODIFY VOTING PROCEDURES. Any county that wishes to modify voting procedures for a political subdivision election shall submit an election plan to the secretary of state for approval for the modified voting procedures to be effective at least forty (40) calendar days prior to an election. The secretary of state shall notify the political subdivision of its approval, disapproval and, if it is disapproved, what remedial measures may be taken that would allow for approval of the voting plan.

History:

[34-1413, added 2011, ch. 285, sec. 13, p. 783; am. 2014, ch. 162, sec. 4, p. 457.]

34-1414.  ELECTION BY ZONES — EXCEPTION FOR CERTAIN POLITICAL SUBDIVISIONS. Notwithstanding any other provision of law to the contrary, the governing body of any political subdivision that contains no more than one hundred forty (140) registered voters at the last general election may apply to the appropriate board of county commissioners for a determination that the election of the members of the political subdivision’s governing body may be held at large instead of by district zones or subdistricts. The board of county commissioners shall make the determination whether to permit the election of the political subdivision’s governing body to be elected at large and the county clerk shall provide notice of the board’s decision to the affected electors at least ninety (90) days before the next general election. If the board of county commissioners approves the request for an at-large election, the approval shall apply to future elections until revoked by the board of county commissioners.

History:

[34-1414, added 2021, ch. 70, sec. 1, p. 252.]

34-601.  DATES ON WHICH ELECTIONS SHALL BE HELD. Elections shall be held in this state on the following dates or times:

(1)  A primary election shall be held on the third Tuesday in May, 2012, and every two (2) years thereafter on the above-mentioned Tuesday.

(2)  A general election shall be held on the first Tuesday after the first Monday of November, 2012, and every two (2) years thereafter on the above-mentioned Tuesday.

(3)  Special state elections shall be held on the dates ordered by the governor’s proclamation, or as otherwise provided by law.

(4)  A presidential primary shall be held on the second Tuesday in March in each presidential election year.

History:

[34-601, added 1970, ch. 140, sec. 81, p. 351; am. 1971, ch. 193, sec. 1, p. 879; am. 1975, ch. 174, sec. 12, p. 469; am. 1979, ch. 309, sec. 2, p. 834; am. 2009, ch. 341, sec. 57, p. 1032; am. 2012, ch. 33, sec. 2, p. 103; am. 2015, ch. 292, sec. 4, p. 1168.]

34-602.  PUBLICATION OF NOTICES FOR PRIMARY, GENERAL OR SPECIAL ELECTIONS — CONTENTS. The several county clerks shall publish at least two (2) times, the notices for any primary, general or special election. The notice shall state the date of the election, the polling place in each precinct and the hours during which the polls shall be open for the purpose of voting, and information about the accessibility of the polling places.

The first notice shall be published at least twelve (12) days prior to any election and the second notice shall be published not later than five (5) days prior to the election. The notice of election shall be published in at least two (2) newspapers published within the county, but if this is not possible, the notice shall be published in one (1) newspaper published within the county or a newspaper which has general circulation within the county.

The second notice of election shall be accompanied by a facsimile, except as to size, of the sample ballot for the election.

History:

[34-602, added 1970, ch. 140, sec. 82, p. 351; am. 2004, ch. 112, sec. 1, p. 385; am. 2009, ch. 341, sec. 58, p. 1032.]

34-603.  CERTIFICATION OF A PROPOSED CONSTITUTION, CONSTITUTIONAL AMENDMENT OR OTHER QUESTION TO BE SUBMITTED TO THE PEOPLE FOR VOTE. Whenever a proposed constitution, constitutional amendment or other question is to be submitted to the people of the state for popular vote, it shall be certified by the secretary of state to the county clerks not later than September 7 in the year in which it will be voted upon. It shall be published in the form prescribed by the secretary of state.

History:

[34-603, added 1970, ch. 140, sec. 83, p. 351; am. 1973, ch. 304, sec. 6, p. 646; am. 1984, ch. 131, sec. 2, p. 306; am. 1985, ch. 42, sec. 2, p. 89.]

34-604.  ELECTION OF UNITED STATES SENATOR — QUALIFICATIONS. (1) At the general election, 1972, and every six (6) years thereafter, there shall be elected one (1) United States senator. At the general election, 1974, and every six (6) years thereafter, there shall be elected one (1) United States senator.

(2)  No person shall be elected to the office of United States senator unless he has attained the age of thirty (30) years at the time of his election, has been a citizen of the United States at least nine (9) years and shall reside within the state at the time of his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of five hundred dollars ($500) which shall be deposited in the general fund.

History:

[34-604, added 1970, ch. 140, sec. 84, p. 351; am. 1996, ch. 28, sec. 1, p. 68.]

34-605.  ELECTION OF UNITED STATES CONGRESSIONAL REPRESENTATIVES — QUALIFICATIONS. (1) At the general election, 1972, and every alternate year thereafter, there shall be elected in each United States congressional district a member of the United States house of representatives and any additional number of representatives to which the state may be entitled in the state at large.

(2)  No person shall be elected to the house of representatives unless he has attained the age of twenty-five (25) years at the time of his election, has been a citizen of the United States at least seven (7) years and shall reside within the state at the time of his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of three hundred dollars ($300) which shall be deposited in the general fund.

History:

[34-605, added 1970, ch. 140, sec. 85, p. 351; am. 1983, ch. 213, sec. 2, p. 591; am. 1996, ch. 28, sec. 2, p. 68.]

34-605.  ELECTION OF UNITED STATES CONGRESSIONAL REPRESENTATIVES — QUALIFICATIONS. (1) At the general election, 1972, and every alternate year thereafter, there shall be elected in each United States congressional district a member of the United States house of representatives and any additional number of representatives to which the state may be entitled in the state at large.

(2)  No person shall be elected to the house of representatives unless he has attained the age of twenty-five (25) years at the time of his election, has been a citizen of the United States at least seven (7) years and shall reside within the state at the time of his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of three hundred dollars ($300) which shall be deposited in the general fund.

History:

[34-605, added 1970, ch. 140, sec. 85, p. 351; am. 1983, ch. 213, sec. 2, p. 591; am. 1996, ch. 28, sec. 2, p. 68.]

34-606.  ELECTION OF PRESIDENTIAL ELECTORS. (1) At the general election, 1972, and every four (4) years thereafter, there shall be elected such a number of electors of president and vice president of the United States as the state may be entitled to in the electoral college.

(2)  No person shall be elected to this position unless he has attained the age of twenty-one (21) years at the time of the election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.

(3)  Such electors shall be certified to the secretary of state as provided for by law.

History:

[34-606, added 1970, ch. 140, sec. 86, p. 351.]

34-607.  ELECTION OF GOVERNOR — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, a governor shall be elected.

(2)  No person shall be elected to the office of governor unless he shall have attained the age of thirty (30) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of three hundred dollars ($300) which shall be deposited in the general fund.

History:

[34-607, added 1970, ch. 140, sec. 87, p. 351; am. 1996, ch. 28, sec. 3, p. 68.]

34-608.  ELECTION OF LIEUTENANT GOVERNOR — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, there shall be elected a lieutenant governor.

(2)  No person shall be elected to the office of lieutenant governor unless he shall have attained the age of thirty (30) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History:

[34-608, added 1970, ch. 140, sec. 88, p. 351; am. 1996, ch. 28, sec. 4, p. 69.]

34-609.  ELECTION OF SECRETARY OF STATE — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, a secretary of state shall be elected.

(2)  No person shall be elected to the office of secretary of state unless he shall have attained the age of twenty-five (25) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History:

[34-609, added 1970, ch. 140, sec. 89, p. 351; am. 1996, ch. 28, sec. 5, p. 69.]

34-610.  ELECTION OF STATE CONTROLLER — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, a state controller shall be elected.

(2)  No person shall be elected to the office of state controller unless he shall have attained the age of twenty-five (25) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History:

[34-610, added 1970, ch. 140, sec. 90, p. 351; am. 1994, ch. 181, sec. 1, p. 576; am. 1996, ch. 28, sec. 6, p. 69.]

34-611.  ELECTION OF STATE TREASURER — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, a state treasurer shall be elected.

(2)  No person shall be elected to the office of state treasurer unless he shall have attained the age of twenty-five (25) years at the time of his election, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History:

[34-611, added 1970, ch. 140, sec. 91, p. 351; am. 1996, ch. 28, sec. 7, p. 70.]

34-612.  ELECTION OF ATTORNEY GENERAL — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, an attorney general shall be elected.

(2)  No person shall be elected to the office of attorney general unless he shall have attained the age of thirty (30) years at the time of his election, is admitted to the practice of law within the state, is a citizen of the United States and shall have resided within the state two (2) years next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History:

[34-612, added 1970, ch. 140, sec. 92, p. 351; am. 1996, ch. 28, sec. 8, p. 70.]

34-613.  ELECTION OF SUPERINTENDENT OF PUBLIC INSTRUCTION — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, a superintendent of public instruction shall be elected.

(2)  No person shall be elected to the office of superintendent of public instruction unless he shall have attained the age of twenty-five (25) years at the time of his election, is a citizen of the United States, has a bachelor’s degree from an accredited college or university, and shall have resided within the state two (2) years next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of two hundred dollars ($200) which shall be deposited in the general fund.

History:

[34-613, added 1970, ch. 140, sec. 93, p. 351; am. 1974, ch. 182, sec. 1, p. 1478; am. 1994, ch. 277, sec. 1, p. 864; am. 1996, ch. 28, sec. 9, p. 70.]

34-614.  ELECTION OF STATE REPRESENTATIVES AND SENATORS — QUALIFICATIONS. (1) At the general election, 1972, and every alternate year thereafter, there shall be elected in each legislative district such representatives and senators as they may be severally entitled.

(2)  No person shall be elected to the office of representative or senator unless he shall have attained the age of twenty-one (21) years at the time of the general election, is a citizen of the United States and shall have been a registered elector within the legislative district one (1) year next preceding the general election at which he offers his candidacy.

(3)  Each candidate shall file his declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of thirty dollars ($30.00) which shall be deposited in the general fund.

History:

[34-614, added 1970, ch. 140, sec. 94, p. 351; am. 1981 (E.S.), ch. 2, sec. 1, p. 3; am. 1996, ch. 28, sec. 10, p. 71; am. 2019, ch. 227, sec. 1, p. 711.]

34-614A.  CANDIDATES FOR STATE LEGISLATURE. (1) A candidate for the office of state senator in a multi-member legislative district, and all candidates for the office of representative shall declare, in their declarations of candidacy, the specific seat or position that they seek.

(2)  The secretary of state shall designate positions by using the terms "Position A", "Position B", and continuing in such fashion until all seats or positions in each district are properly labeled. The positions in each district shall be separately and distinctly placed on the primary and general election ballots, and for each position to be filled the ballot shall state "Vote for one".

(3)  The candidate receiving the greatest number of votes for the position he seeks shall be declared nominated, or elected, as the case may be.

History:

[34-614A, added 1984, ch. 121, sec. 2, p. 279.]

34-615.  ELECTION — SELECTION — OF JUSTICES OF THE SUPREME COURT — QUALIFICATIONS. (1) At the primary election, 1972, and every alternate year thereafter, subject to the provisions of section 34-1217, Idaho Code, there shall be elected justices of the supreme court to fill any vacancy or vacancies occasioned by the expiration of the term or terms of office of any member or members.

(2)   To be elected or appointed to the office of justice of the supreme court a person must, at the time of such election or appointment, meet all of the following qualifications:

(a)  Be at least thirty (30) years of age;

(b)  Be a citizen of the United States and an elector of the state of Idaho;

(c)  Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such election or appointment;

(d)  Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such election or appointment; and

(e)  Have held a license to practice law or held a judicial office in one (1) or more jurisdictions for at least ten (10) continuous years immediately preceding such election or appointment.

For purposes of this section, the following terms have the following meanings:

(a)  "Active," "judicial" and "good standing" have the same definitions as those terms are given by rule 301 of the Idaho bar commission rules or any successors to those rules;

(b)  "Jurisdiction" means a state or territory of the United States, the District of Columbia or any branch of the United States military; and

(c)  "Elector" means one who is lawfully registered to vote.

(3)  Each candidate for election shall file a declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of three hundred dollars ($300) which shall be deposited in the general fund.

History:

[34-615, added 1970, ch. 140, sec. 95, p. 351; am. 1972, ch. 46, sec. 1, p. 84; am. 1985, ch. 29, sec. 6, p. 56; am. 1996, ch. 28, sec. 11, p. 71; am. 2015, ch. 310, sec. 3, p. 1218.]

34-616.  ELECTION — SELECTION — OF DISTRICT JUDGES — QUALIFICATIONS. (1) At the primary election, 1974, and every four (4) years thereafter, subject to the provisions of section 34-1217, Idaho Code, there shall be elected in each judicial district a sufficient number of district judges to fill any vacancy or vacancies occasioned by the expiration of the term or terms of office of any member or members.

(2)  To be elected to the office of district judge a person must, at the time of such election, meet all of the following qualifications:

(a)  Be at least thirty (30) years of age;

(b)  Be a citizen of the United States and an elector in the judicial district in which elected;

(c)  Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such election;

(d)  Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such election; and

(e)  Have held a license to practice law or held a judicial office in one (1) or more jurisdictions for at least ten (10) continuous years immediately preceding such election.

(3)  Each candidate for election shall file a declaration of candidacy with the secretary of state.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of one hundred fifty dollars ($150) which shall be deposited in the general fund.

(5)  To be appointed to the office of district judge a person must, at the time of such appointment, meet all of the following qualifications:

(a)  Be at least thirty (30) years of age;

(b)  Be a citizen of the United States and an elector of the state of Idaho;

(c)  Have been a legal resident of the state of Idaho for at least two (2) continuous years immediately preceding such appointment;

(d)  Have been in good standing as an active or judicial member of the Idaho state bar for at least two (2) continuous years immediately preceding such appointment; and

(e)  Have held a license to practice law or held a judicial office in one (1) or more jurisdictions for at least ten (10) continuous years immediately preceding such appointment.

(6)  For purposes of this section, the following terms have the following meanings:

(a)  "Active," "judicial" and "good standing" have the same definitions as those terms are given by rule 301 of the Idaho bar commission rules or any successors to those rules;

(b)  "Jurisdiction" means a state or territory of the United States, the District of Columbia or any branch of the United States military; and

(c)  "Elector" means one who is lawfully registered to vote.

History:

[34-616, added 1970, ch. 140, sec. 96, p. 351; am. 1970, ch. 231, sec. 1, p. 643; am. 1972, ch. 46, sec. 2, p. 84; am. 1985, ch. 29, sec. 7, p. 57; am. 1996, ch. 28, sec. 12, p. 72; am. 2015, ch. 282, sec. 4, p. 1148; am. 2015, ch. 310, sec. 4, p. 1219; am. 2016, ch. 47, sec. 19, p. 112.]

34-617.  ELECTION OF COUNTY COMMISSIONERS — QUALIFICATIONS. (1) A board of county commissioners shall be elected in each county at the general elections as provided by section 31-703, Idaho Code.

(2)  No person shall be elected to the board of county commissioners unless he has attained the age of twenty-one (21) years at the time of the election, is a citizen of the United States, and shall have resided in the county one (1) year next preceding his election and in the district which he represents for a period of ninety (90) days next preceding the primary election.

(3)  Each candidate shall file his declaration of candidacy with the county clerk.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

History:

[34-617, added 1970, ch. 140, sec. 97, p. 351; am. 1982, ch. 332, sec. 2, p. 839; am. 1993, ch. 159, sec. 1, p. 409; am. 1996, ch. 28, sec. 13, p. 72.]

34-618.  ELECTION OF COUNTY SHERIFFS — QUALIFICATIONS. (1) At the general election, 1972, and every four (4) years thereafter, a sheriff shall be elected in every county.

(2)  No person shall be elected to the office of sheriff unless he has attained the age of twenty-one (21) years at the time of election, is a citizen of the United States and shall have resided within the county one (1) year next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the county clerk.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

(5)  Each person who has been elected to the office of sheriff for the first time shall complete a tutorial concerning current Idaho law and rules as prescribed by the Idaho peace officers standards and training academy, unless the person is already certified as a chief of police, peace officer or detention deputy in the state of Idaho, and shall attend the newly elected sheriffs’ school sponsored by the Idaho sheriffs’ association.

History:

[34-618, added 1970, ch. 140, sec. 98, p. 351; am. 1996, ch. 28, sec. 14, p. 72; am. 2008, ch. 329, sec. 1, p. 901.]

34-619.  ELECTION OF CLERKS OF DISTRICT COURTS — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, a clerk of the district court shall be elected in every county. The clerk of the district court shall be the ex officio auditor and recorder.

(2)  No person shall be elected to the office of clerk of the district court unless he has attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States, and shall have resided within the county one (1) year next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the county clerk.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

History:

[34-619, added 1970, ch. 140, sec. 99, p. 351; am. 1996, ch. 28, sec. 15, p. 73.]

34-620.  ELECTION OF COUNTY TREASURERS — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, a county treasurer shall be elected in every county. The county treasurer shall be the ex officio public administrator and ex officio tax collector.

(2)  No person shall be elected to the office of county treasurer unless he has attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States and shall have resided within the county one (1) year next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the county clerk.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

History:

[34-620, added 1970, ch. 140, sec. 100, p. 351; am. 1971, ch. 193, sec. 2, p. 879; am. 1996, ch. 28, sec. 16, p. 73.]

34-621.  ELECTION OF COUNTY ASSESSORS — QUALIFICATIONS. (1) At the general election, 1974, and every four (4) years thereafter, a county assessor shall be elected in every county.

(2)  No person shall be elected to the office of county assessor unless he has attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States and shall have resided within the county one (1) year next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the county clerk.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

History:

[34-621, added 1970, ch. 140, sec. 102, p. 351; am. 1971, ch. 193, sec. 3, p. 879; am. 1996, ch. 28, sec. 17, p. 74.]

34-622.  ELECTION OF COUNTY CORONERS — QUALIFICATIONS. (1) At the general election, 1986, and every four (4) years thereafter, a coroner shall be elected in every county.

(2)  No person shall be elected to the office of coroner unless he has attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States and shall have resided within the county one (1) year next preceding his election.

(3)  Each candidate shall file his declaration of candidacy with the county clerk.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

(5)  All newly elected or appointed county coroners shall attend a coroner’s school within one (1) year of taking office. Such school shall be sponsored or endorsed by the Idaho state association of county coroners.

History:

[34-622, added 1970, ch. 140, sec. 102, p. 351; am. 1994, ch. 54, sec. 5, p. 94; am. 1996, ch. 28, sec. 18, p. 74; am. 2010, ch. 355, sec. 2, p. 933.]

34-623.  ELECTION OF COUNTY PROSECUTING ATTORNEYS — QUALIFICATIONS. (1) At the general election, 1984, and every four (4) years thereafter, a prosecuting attorney shall be elected in every county.

(2)  No person shall be elected to the office of prosecuting attorney unless he has attained the age of twenty-one (21) years at the time of his election, is admitted to the practice of law within this state, is a citizen of the United States and a qualified elector within the county.

(3)  Each candidate shall file his declaration of candidacy with the county clerk.

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of forty dollars ($40.00) which shall be deposited in the county treasury.

History:

[34-623, added 1970, ch. 140, sec. 103, p. 351; am. 1972, ch. 115, sec. 1, p. 230; am. 1984, ch. 80, sec. 1, p. 147; am. 1996, ch. 28, sec. 19, p. 74.]

34-624.  ELECTION OF PRECINCT COMMITTEEMEN — QUALIFICATIONS. (1) At the primary election, 1980, and every two (2) years thereafter, a precinct committeeman for each political party shall be elected in every voting precinct within each county. The term of office of a precinct committeeman shall be from the eighth day following the primary election until the eighth day following the next succeeding primary election.

(2)  No person shall be elected to the office of precinct committeeman unless he has attained the age of eighteen (18) years at the time of his election, is a citizen of the United States, and is a registered elector of the voting precinct for a period of six (6) months next preceding his election.

(3)  Each candidate shall file a declaration of candidacy with the county clerk.

(4)  No filing fee shall be charged any candidate at the time of his filing his declaration of candidacy.

History:

[34-624, added 1970, ch. 140, sec. 104, p. 351; am. 1971, ch. 29, sec. 1, p. 73; am. 1972, ch. 128, sec. 1, p. 256; am. 1975, ch. 174, sec. 16, p. 469; am. 1979, ch. 309, sec. 3, p. 835; am. 1996, ch. 28, sec. 20, p. 75; am. 2011, ch. 285, sec. 5, p. 780; am. 2021, ch. 203, sec. 1, p. 554.]

34-624A.  ALTERNATIVE TO PRECINCT COMMITTEEMAN — PRECINCT COMMITTEEMAN AND VOTERS’ DELEGATE TO THE PARTY’S COUNTY AND DISTRICT CONVENTIONS. (1) At least sixty (60) days prior to an election at which precinct committeemen are to be elected, the state chairman of any Idaho political party may request the secretary of state to replace, as to that party chairman’s party, the ballot position title of "precinct committeeman" with the ballot position title "precinct committeeman and voters’ delegate to the party’s county and district conventions." The party chairman making such a request to the secretary of state shall include with his request a sworn and acknowledged affidavit stating that he is the party chairman for his political party and that it is the state policy of his party that precinct committeemen be delegates to the party’s county and district conventions.

(2)  Upon receipt of such request and affidavit, the secretary of state shall have the duty to implement the request when prescribing the form and content of ballots and related documents and when preparing ballot instructions for Idaho counties.

(3)  After the secretary of state has ordered such use, whenever the title "precinct committeeman" or its plural form shall be used in the Idaho Code, the title shall be construed to include within its meaning the title "precinct committeeman and voters’ delegate to the party’s county and district conventions" or its plural form.

History:

[34-624A, added 1976, ch. 346, sec. 1, p. 1153.]

34-625.  ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN SINGLE COUNTYWIDE DISTRICTS — QUALIFICATIONS. (1) In each general election, highway district commissioners in single countywide districts shall be elected as provided for in section 40-1404, Idaho Code.

(2)  No person shall be elected to the office of highway district commissioner unless he shall have attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States, and shall be a resident of the highway district commissioner’s subdistrict for which he seeks office.

(3)  Each candidate shall file a declaration of candidacy with the county clerk not less than ninety (90) days prior to the general election. Each declaration of candidacy shall also bear the following words: "I am a resident within the boundaries of Highway District Commissioner’s Subdistrict Number ….."

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of ten dollars ($10.00) which shall be deposited in the county current expense fund.

History:

[34-625, as added by S.L. 1972, ch. 345, sec. 1, p. 1013; am. 1985, ch. 253, sec. 4, p. 701; am. 1987, ch. 75, sec. 1, p. 147; am. 1998, ch. 300, sec. 3, p. 991; am. 2007, ch. 313, sec. 1, p. 884.]

34-625A.  ELECTION OF HIGHWAY DISTRICT COMMISSIONERS IN CERTAIN SINGLE COUNTYWIDE DISTRICTS — QUALIFICATIONS. (1) In each general election, highway district commissioners in single countywide districts shall be elected as provided for in section 40-1404A, Idaho Code.

(2)  No person shall be elected to the office of highway district commissioner unless he shall have attained the age of twenty-one (21) years at the time of his election, is a citizen of the United States, and shall be a resident of the highway district commissioner’s subdistrict for which he seeks office.

(3)  Each candidate shall file a declaration of candidacy with the county clerk not less than ninety (90) days prior to the general election. Each declaration of candidacy shall also bear the following words: "I am a resident within the boundaries of Highway District Commissioner’s Subdistrict Number ….."

(4)  Each candidate who files a declaration of candidacy shall at the same time pay a filing fee of ten dollars ($10.00) which shall be deposited in the county current expense fund.

History:

[34-625A, added 1998, ch. 300, sec. 4, p. 991; am. 2007, ch. 313, sec. 2, p. 884.]

34-626.  PETITION IN LIEU OF FILING FEE. In lieu of paying the filing fee, candidates may qualify for the offices mentioned in section 34-604 through section 34-623, Idaho Code, by filing a declaration of candidacy and a nominating petition. The petition shall contain the signatures of qualified electors as follows:

(a)  One thousand (1,000) for any statewide office;

(b)  Five hundred (500) for any congressional district office (all signatures within proper district);

(c)  Two hundred (200) for the office of district judge (all signatures within proper district);

(d)  Fifty (50) for any legislative district office (all signatures within proper district);

(e)  Five (5) for any county office (county commissioner signatures shall be within commissioner district).

Signatures on such nominating petitions shall be verified in the manner prescribed in section 34-1807, Idaho Code.

History:

[34-626, added 1996, ch. 28, sec. 22, p. 75.]

34-627.  HOLDERS OF PARTISAN ELECTIVE OFFICE CHANGING POLITICAL PARTIES. Whenever any holder of a partisan elective office desires to change political parties, the change shall only be effective if the holder files a declaration of intent to change political parties with the election official with whom the holder of the partisan elective office has filed his declaration of candidacy for the office that the holder of the partisan elective office currently holds. After receiving the declaration of intent, the election official shall send a copy of the declaration to the affected political party central committees of both the political party, if any, that the holder of the partisan elective office desires to leave and the political party, if any, that the holder of the partisan elective office desires to join. A holder of a partisan elective office cannot change political parties between the date the holder of partisan elective office files for the primary election through three (3) months after the general election in which the partisan elective office was on the ballot. A holder of a partisan elective office only may change political parties pursuant to this section once per term. The election official shall be authorized to charge a holder of a partisan elective office desiring to change his political party a twenty-five dollar ($25.00) fee to defray the election official’s expenses in administering the provisions of this section.

History:

[34-627, added 1997, ch. 202, sec. 1, p. 577; am. 2017, ch. 21, sec. 1, p. 39.]

34-401.  ELECTORS PRIVILEGED FROM ARREST DURING ATTENDANCE AT POLLING PLACE — EXCEPTION. Electors are privileged from arrest, except for treason, a felony or breach of the peace, during their attendance at a polling place.

History:

[34-401, added 1970, ch. 140, sec. 36, p. 351.]

34-402.  QUALIFICATIONS OF ELECTORS. Every male or female citizen of the United States, eighteen (18) years old, who has resided in this state and in the county for thirty (30) days where he or she offers to vote prior to the day of election, if registered within the time period provided by law, is a qualified elector.

History:

[34-402, added 1970, ch. 140, sec. 37, p. 351; am. 1971, ch. 192, sec. 1, p. 874; am. 1972, ch. 392, sec. 1, p. 1131; am. 1973, ch. 304, sec. 4, p. 646; am. 1982, ch. 253, sec. 2, p. 646.]

34-403.  DISQUALIFIED ELECTORS NOT PERMITTED TO VOTE. No elector shall be permitted to vote if he is disqualified as provided in article 6, sections 2 and 3 of the state constitution.

History:

[34-403, added 1970, ch. 140, sec. 38, p. 351.]

34-404.  REGISTRATION OF ELECTORS. (1)  All electors must register before being able to vote at any primary, general, special, school or any other election governed by the provisions of title 34, Idaho Code. Registration of a qualified person occurs when a legible, accurate and complete registration application is received in the office of the county clerk or is received at the polls pursuant to section 34-408A, Idaho Code.

(2)  Each elector may select on the registration application an affiliation with a political party qualified to participate in elections pursuant to section 34-501, Idaho Code, or may select to be designated as "unaffiliated." The county clerk shall record the party affiliation or "unaffiliated" designation so selected as part of the elector’s registration record. If an elector shall fail or refuse to make such a selection, the county clerk shall enter on the registration records that such elector is "unaffiliated."

(3)  In order to provide an elector with the appropriate primary election ballot, pursuant to section 34-904A, Idaho Code, the poll book for primary elections shall include the party affiliation or designation as "unaffiliated" for each elector so registered. An "unaffiliated" elector shall declare to the poll worker which primary election ballot the elector chooses to vote in, pursuant to section 34-904A, Idaho Code, and the poll worker or other authorized election personnel shall record such declaration in the poll book. The poll book shall contain checkoff boxes to allow the poll worker or other authorized election personnel to record such "unaffiliated" elector’s selection.

(4)  In order to provide electors who are already registered to vote, and who remain registered electors, with an opportunity to select a party affiliation or to select their status as "unaffiliated," the poll book for the 2012 primary election shall include checkoff boxes by which the poll worker or other appropriate election personnel shall record such elector’s choice of party affiliation or choice to be designated as "unaffiliated." After the 2012 primary election, the county clerk shall record the party affiliation or "unaffiliated" designation so selected in the poll book as part of such an elector’s record within the voter registration system as provided for in section 34-437A, Idaho Code.

(5)  After the 2012 primary election, electors who remain registered voters and who did not vote in the 2012 primary election or who have not selected party affiliation or who have not selected to be designated as "unaffiliated," shall be designated as "unaffiliated" and the county clerk shall record that designation for each such elector within the voter registration system as provided for in section 34-437A, Idaho Code.

History:

[34-404, added 1970, ch. 140, sec. 39, p. 351; am. 1971, ch. 192, sec. 2, p. 874; am. 1972, ch. 197, sec. 1, p. 498; am. 1987, ch. 256, sec. 2, p. 520; am. 1997, ch. 356, sec. 1, p. 1051; am. 2011, ch. 319, sec. 3, p. 931; am. 2016, ch. 359, sec. 3, p. 1054.]

34-405.  GAIN OR LOSS OF RESIDENCE BY REASON OF ABSENCE FROM STATE. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his absence while employed in the service of this state or the United States, while a student of any institution of learning, while kept at any state institution at public expense, nor absent from the state with the intent to have this state remain his residence. If a person is absent from this state but intends to maintain his residence for voting purposes here, he shall not register to vote in any other state during his absence.

History:

[34-405, added 1970, ch. 140, sec. 40, p. 351.]

34-406.  APPOINTMENT OF REGISTRARS. (1)  The county clerk shall provide for voter registration in the clerk’s office and may appoint registrars to assist in voter registration throughout the county.

(2)  The county clerk shall provide all political parties within the county with a supply of the registration form prescribed in section 34-411, Idaho Code.

History:

[34-406, added 1994, ch. 67, sec. 3, p. 138; am. 2011, ch. 319, sec. 4, p. 931.]

34-407.  PROCEDURE FOR REGISTRATION. (1) Any county clerk or official registrar shall register without charge any elector who personally appears in the office of the county clerk or before the official registrar, as the case may be, and requests to be registered.

(2)  Upon receipt of a written application to the county clerk from any elector who, by reason of illness or physical incapacity is prevented from personally appearing in the office of the county clerk or before an official registrar, the county clerk or an official registrar so directed by the county clerk shall register such elector at the place of abode of the elector.

History:

[34-407, added 1970, ch. 140, sec. 42, p. 351; am. 1971, ch. 192, sec. 4, p. 874; am. 1991, ch. 337, sec. 1, p. 874; am. 1995, ch. 215, sec. 2, p. 748.]

34-408.  CLOSING OF REGISTER — TIME LIMIT. (1) No elector may register in the office of the county clerk within twenty-four (24) days preceding any election held throughout the county in which he resides for the purpose of voting at such election; provided however, a legible, accurate and complete registration application received in the office of the county clerk during the twenty-four (24) day period preceding an election shall be accepted and held by the county clerk until the day following the election when registration reopens, at which time the registration shall become effective. This deadline shall also apply to any registrars the county clerk may have appointed.

(2)  Any elector who will complete his residence requirement or attain the requisite voting age during the period when the register of electors is closed may register prior to the closing of the register.

(3)  Notwithstanding subsection (1) of this section, an individual who is eligible to vote may also register, upon providing proof of residence, at the "absent electors’ polling place" provided in section 34-1006, Idaho Code.

History:

[34-408, added 1970, ch. 140, sec. 43, p. 351; am. 1971, ch. 192, sec. 5, p. 874; am. 1974, ch. 172, sec. 1, p. 1431; am. 1981, ch. 105, sec. 1, p. 159; am. 1994, ch. 67, sec. 4, p. 138; am. 2001, ch. 99, sec. 1, p. 248; am. 2005, ch. 127, sec. 1, p. 412; am. 2016, ch. 359, sec. 4, p. 1055.]

34-408A.  ELECTION DAY REGISTRATION. An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of residence. An individual may prove residence for purposes of registering by:

(1)  Showing an Idaho driver’s license or Idaho identification card issued through the department of transportation; or

(2)  Showing any document which contains a valid address in the precinct together with a picture identification card; or

(3)  Showing a current valid student photo identification card from a postsecondary educational institution in Idaho accompanied with a current student fee statement that contains the student’s valid address in the precinct.

Election day registration provided in this section shall apply to all elections conducted under title 34, Idaho Code, and to school district and municipal elections.

An individual who is eligible to vote may also register, upon providing proof of residence, at the "absent electors’ polling place" provided in section 34-1006, Idaho Code.

History:

[34-408A, added 1994, ch. 67, sec. 5, p. 138; am. 1995, ch. 215, sec. 3, p. 749; am. 1997, ch. 356, sec. 2, p. 1052; am. 2011, ch. 285, sec. 3, p. 779; am. 2016, ch. 359, sec. 5, p. 1055.]

34-409.  ELECTRONIC REGISTRATION. (1) The office of the secretary of state may create and maintain an electronic system for voter registration that is publicly available on its official website. Any qualified elector who has a current valid driver’s license or identification card issued pursuant to title 49, Idaho Code, that reflects the person’s current principal place of residence, may register to vote by submitting a completed voter registration application electronically through such website. Electronic voter registration applications shall be submitted before the close of registration as provided in section 34-408, Idaho Code.

(2)  The electronic voter registration application shall be in a form prescribed by the secretary of state and shall:

(a)  Require the information under oath or affirmation set forth in section 34-411, Idaho Code;

(b)  Include notice of the requirement to provide personal identification before voting at the polls as set forth in sections 34-1113 and 34-1114, Idaho Code; and

(c)  Require an electronic signature of the applicant.

(3)  The office of the secretary of state shall obtain a digital copy of the applicant’s driver’s license or identification card signature from the Idaho transportation department. The Idaho transportation department shall, upon request of the office of the secretary of state, provide a digital copy of the applicant’s driver’s license or identification card signature.

(4)  Upon receipt of a completed voter registration application and a digital copy of the applicant’s driver’s license or identification card signature from the Idaho transportation department, the office of the secretary of state shall send the information to the county clerk for the county in which the applicant resides. The county clerk shall prepare and issue to each elector registering electronically a verification of registration containing the name and residence of the elector and the name or number of the precinct in which the elector resides. Such verification of registration may be sent by nonforwardable first-class mail or by electronic mail at the elector’s option. If a verification is returned undeliverable, then the county clerk shall remove the elector from the register of electors.

(5)  An applicant using the electronic system for voter registration pursuant to this section shall not be required to complete a printed registration card.

(6)  The office of the secretary of state shall use such security measures necessary to ensure the accuracy and integrity of an electronically submitted voter registration application.

History:

[34-409, added 2016, ch. 359, sec. 1, p. 1052.]

34-410.  MAIL REGISTRATION. Any elector may register by mail for any election. Any mail registration application must be received by the county clerk prior to the close of registration as provided in section 34-408, Idaho Code, provided that any mail registration application postmarked not later than twenty-five (25) days prior to an election shall be deemed timely.

The secretary of state shall prescribe the form for the mail registration application. This mail application form shall be available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs.

Any federal mail registration form adopted pursuant to the provisions of the national voter registration act of 1993 (P.L. 103-31) shall also be accepted as a valid registration, if such form is postmarked not later than twenty-five (25) days prior to an election.

The county clerk shall prepare and issue by first class nonforwardable mail to each elector registering by mail a verification of registration containing the name and residence of the elector and the name or number of the precinct in which the elector resides.

A verification returned undeliverable shall cause the county clerk to remove the elector’s card from the register of electors.

As required by the help America vote act of 2002 (P.L. 107-252), a copy of proper identification will be required prior to issuance of a ballot to anyone who has registered by mail and has not previously voted in an election for federal office in the state. Proper identification consists of:

(1)  A current and valid photo identification; or

(2)  A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.

History:

[34-410, added 1994, ch. 67, sec. 7, p. 139; am. 1995, ch. 215, sec. 4, p. 750; am. 2003, ch. 48, sec. 4, p. 182.]

34-410A.  ABSENTEE REGISTRATION FOR UNIFORMED AND OVERSEAS CITIZENS. Whenever provision is made for absentee voting by a statute of the United States, including the "Uniformed and Overseas Citizens Absentee Voting Act" (42 U.S.C. 1973ff.), an application for an absentee ballot made under that law may be given the same effect as an application for an absentee ballot made under chapter 10, title 34, Idaho Code.

History:

[34-410A, added 1995, ch. 215, sec. 6, p. 750.]

34-411.  APPLICATION FOR REGISTRATION — CONTENTS. (1) Each elector who requests registration shall supply the following information under oath or affirmation:

(a)  Full name and sex.

(b)  Mailing address, residence address or any other necessary information definitely locating the elector’s residence.

(c)  The period of time preceding the date of registration during which the elector has resided in the state.

(d)  Whether or not the elector is a citizen.

(e)  That the elector is under no legal disqualifications to vote.

(f)  The county and state where the elector was previously registered, if any.

(g)  Date of birth.

(h)  Current driver’s license number or identification card issued by the Idaho transportation department. In the absence of an Idaho driver’s license or state issued identification card, the last four (4) digits of the elector’s social security number.

(2)  As provided for in section 34-404, Idaho Code, each elector shall select an affiliation with a political party qualified to participate in elections pursuant to section 34-501, Idaho Code, or select to be designated as "unaffiliated." The selection of party affiliation or designation as "unaffiliated" shall be maintained within the voter registration system as provided for in section 34-437A, Idaho Code. If an elector shall fail or refuse to make such a selection, the county clerk shall record as "unaffiliated" such elector within the voter registration system as provided for in section 34-437A, Idaho Code.

(3)  Any elector who shall supply any information under subsection (1) of this section, knowing it to be false, is guilty of perjury.

(4)  Each elector who requests registration may, at the elector’s option, supply the elector’s telephone number. If the telephone number is supplied by the elector, the telephone number shall be available to the public.

History:

[34-411, added 1970, ch. 140, sec. 46, p. 351; am. 1971, ch. 192, sec. 6, p. 874; am. 1972, ch. 392, sec. 4, p. 1131; am. 1988, ch. 233, sec. 1, p. 462; am. 1995, ch. 215, sec. 7, p. 750; am. 2003, ch. 48, sec. 5, p. 183; am. 2011, ch. 319, sec. 5, p. 931; am. 2012, ch. 211, sec. 3, p. 574.]

34-411A.  PRIMARY ELECTIONS — CHANGING PARTY AFFILIATION — UNAFFILIATED ELECTORS. (1)  For a primary election, including a presidential primary election, an elector may change such elector’s political party affiliation or become "unaffiliated" by filing a signed form with the county clerk no later than the last day a candidate may file for partisan political office prior to such primary election, as provided for in section 34-704 or 34-732, Idaho Code. An "unaffiliated" elector may affiliate with the party of the elector’s choice by filing a signed form up to and including election day. The application form described in section 34-1002, Idaho Code, shall also be used for this purpose.

(2)  For a primary election, an "unaffiliated" elector may select a political party affiliation only prior to voting in the primary election. An elector may make such selection on or before election day, by declaring such political party affiliation to the poll worker or other appropriate election personnel. The poll worker or other appropriate election personnel shall then record in the poll book the elector’s choice. After the primary election, the county clerk shall record the party affiliation so recorded in the poll book as part of such elector’s record within the voter registration system as provided for in section 34-437A, Idaho Code.

History:

[34-411A, added 2011, ch. 319, sec. 6, p. 932; am. 2012, ch. 211, sec. 4, p. 574; am. 2020, ch. 55, sec. 1, p. 136.]

34-412.  QUALIFICATIONS FOR REGISTRATION. (1) The qualifications of any person who requests to be registered shall be determined in the first instance by the registering official from the evidence before him. If the registering official determines that such person is not qualified, he shall refuse to register the person.

(2)  A person refused registration under subsection (1) of this section may make application to the county clerk for a hearing on his qualifications. Not more than ten (10) days after the date he receives such application, the county clerk shall hold a hearing on the qualifications of the applicant and shall notify the applicant of the place and time of such hearing. At such hearing the applicant may present evidence as to his qualifications, provided that no hearing shall be held subsequent to any election which is held within said ten (10) day period. If the county clerk determines that the applicant is qualified, the county clerk shall register the applicant immediately upon the conclusion of the hearing.

History:

[34-412, added 1970, ch. 140, sec. 47, p. 351; am. 1982, ch. 216, sec. 1, p. 590; am. 1995, ch. 215, sec. 8, p. 751.]

34-413.  REREGISTRATION OF ELECTOR WHO CHANGES RESIDENCE. An elector who moves to another county within the state or to another state within thirty (30) days prior to any election shall be permitted to vote in the ensuing election by absentee ballot or at the polling place assigned to the elector’s prior address.

History:

[34-413, added 1970, ch. 140, sec. 48, p. 351; am. 1972, ch. 392, sec. 5, p. 1131; am. 1977, ch. 15, sec. 1, p. 32; am. 1982, ch. 137, sec. 3, p. 389; am. 1983, ch. 213, sec. 1, p. 590; am. 1995, ch. 215, sec. 9, p. 751; am. 2019, ch. 96, sec. 4, p. 346.]

34-416.  REGISTRATION APPLICATIONS. (1) The registration application shall contain the following warning:

WARNING: Any elector who supplies any information, knowing it to be false, is guilty of perjury.

(2)  The elector shall read the warning set forth in subsection (1) of this section and shall sign his name in an appropriate place on the completed application.

(3)  The registration application completed and signed as provided in this section constitutes the official registration application of the elector. The county clerk shall keep and file all such applications in a convenient manner in his office. Such applications shall be considered confidential and unavailable for public inspection and copying except as provided by subsection (25) of section 74-106, Idaho Code.

(4)  The statewide voter registration database maintained by the secretary of state’s office shall constitute the register of electors.

History:

[34-416, added 1970, ch. 140, sec. 51, p. 351; am. 1972, ch. 392, sec. 7, p. 1131; am. 2001, ch. 99, sec. 2, p. 249; am. 2003, ch. 48, sec. 6, p. 183; am. 2004, ch. 163, sec. 2, p. 533; am. 2015, ch. 141, sec. 74, p. 435; am. 2016, ch. 359, sec. 6, p. 1055; am. 2018, ch. 78, sec. 2, p. 178.]

34-418.  WEEKLY REVIEW OF NEW REGISTRATION CARDS — REPORT TO INTERESTED OFFICIALS. Each week the county clerk shall review the registration cards of all newly registered electors for the past weekly period to determine whether they have been previously registered to vote in another state or in another county within this state. The county clerk or secretary of state, through the statewide voter registration system, shall notify the proper registration official or county clerk where the elector was previously registered so that the prior registration may be canceled. The form of such notice shall be prescribed by the secretary of state.

History:

[34-418, added 1970, ch. 140, sec. 53, p. 351; am. 2006, ch. 70, sec. 2, p. 215.]

34-419.  SUSPENSION OF REGISTRATION OF ELECTORS WHO APPEAR NOT TO BE CITIZENS OF THE UNITED STATES. The county clerk shall remove from the register of electors the official registration application of any elector who appears by the registration records in the office of the county clerk not to be a citizen of the United States and shall suspend the registration of such elector. The county clerk shall mail a written notice of such removal and suspension to the elector at his residence address indicated on the application. If the elector proves to the county clerk that he is in fact a citizen of the United States, his application shall be replaced in the register and his registration reinstated.

History:

[34-419, added 1970, ch. 140, sec. 54, p. 351; am. 2016, ch. 359, sec. 7, p. 1056.]

34-420.  NO ELECTOR’S REGISTRATION SHALL BE CANCELED WHILE SERVING IN THE ARMED FORCES — EXCEPTION.  Except as provided in section 34-435, Idaho Code, or for registering to vote in another jurisdiction, no elector’s registration shall be canceled, nor shall he be deprived of his right to vote at any election by reason of the removal of his official registration application from the register of electors, during any period that he is serving in the armed forces of the United States or of any ally of the United States.

History:

[34-420, added 1970, ch. 140, sec. 55, p. 351; am. 1987, ch. 20, sec. 1, p. 27; am. 2016, ch. 359, sec. 8, p. 1056; am. 2019, ch. 96, sec. 6, p. 346.]

34-431.  CHALLENGES OF ENTRIES IN ELECTION REGISTER. At the time of any election, any registered elector may challenge the entry of an elector’s name as it appears in the election register. Such a challenge will be noted in the remarks column following the elector’s name stating the reason, such as "died," "moved," or "incorrect address." The individual making the challenge shall sign his name following the entry.

History:

[34-431, added 1970, ch. 140, sec. 66, p. 351.]

34-432.  CORRECTION OF ELECTION REGISTER FROM CHALLENGES AT ELECTION. (1) No later than the ninth Friday after each election, the county clerk shall examine the election register and note the challenges as described in section 34-431, Idaho Code. The county clerk shall mail a written inquiry to the challenged elector at his mailing address as indicated on his registration card. Such inquiry shall state the nature of the challenge and provide a suitable form for reply.

(2)  Within twenty (20) days from the date of mailing of the written inquiry, the elector may, in person or in writing, state that the information on his registration card is correct. Upon receipt of such a statement or request, the county clerk shall determine whether the information satisfies the challenge. If the county clerk determines that the challenge has not been satisfied, the county clerk shall schedule a hearing on the challenge and shall notify the elector of the place and time of the hearing. The hearing shall be held no later than twenty (20) days after notice is given. At the hearing, the challenged elector may present evidence of qualification. If the county clerk, upon the conclusion of the hearing, determines that the challenged elector’s registration is not valid, the county clerk shall cancel the registration. If a challenged elector fails to make the statement or request in response to the inquiry, the county clerk shall cancel the registration.

(3)  The county clerk may make inquiry into the validity of any registration at any time. The inquiry shall proceed as provided in this section.

History:

[34-432, added 1970, ch. 140, sec. 67, p. 351; am. 1982, ch. 137, sec. 4, p. 390; am. 1989, ch. 146, sec. 1, p. 353; am. 2006, ch. 70, sec. 3, p. 215; am. 2019, ch. 96, sec. 7, p. 346.]

34-433.  MONTHLY CORRECTION OF ELECTION REGISTER FROM REPORTED DEATHS. The state board of health [and welfare] shall, on or about the 25th day of each month, furnish to the secretary of state a listing showing the name, age, county of residence and residence address of each Idaho resident who has died during the preceding month. The secretary of state shall sort this list by county and furnish a copy of same to each county clerk. Each county clerk shall immediately cancel all registrations of individuals reported as deceased by the state board of health [and welfare] in the board’s report to the secretary of state.

History:

[34-433, added 1970, ch. 140, sec. 68, p. 351.]

34-434.  RETENTION OF NOTICES AND CORRESPONDENCE RELATING TO CORRECTION OF ELECTION REGISTERS. Copies of all notices and other correspondence issued pursuant to the directives contained in sections 67 and 68 of this act [34-432, 34-433, Idaho Code,] shall be retained by the county clerk for a period of two (2) years from date of mailing.

History:

[34-434, added 1970, ch. 140, sec. 69, p. 351.]

34-435.  CANCELLATION OF REGISTRATIONS FOLLOWING ANY GENERAL ELECTION OF THOSE NOT VOTING FOR FOUR YEARS. Within one hundred twenty (120) days following the date of the general election, the county clerk shall examine the election register and the signed statements of challenge made at that election. After this examination, the county clerk shall immediately cancel the registration of any elector who did not vote at any election in the past four (4) years.

This section shall be construed as to provide for a uniform four (4) year registration period for all electors.

History:

[34-435, added 1970, ch. 140, sec. 70, p. 351; am. 1975, ch. 124, sec. 1, p. 257; am. 1977, ch. 15, sec. 3, p. 33; am. 1978, ch. 27, sec. 1, p. 53; am. 1995, ch. 215, sec. 11, p. 752; am. 2015, ch. 282, sec. 2, p. 1147.]

34-436.  RETENTION OF CORRESPONDENCE RELATING TO CANCELLATION OF VOTER’S REGISTRATION. All correspondence relating to the cancellation of an elector’s registration shall be preserved by the county clerk for a period of two (2) years following the time of any general election.

History:

[34-436, added 1970, ch. 140, sec. 71, p. 351.]

34-437.  FURNISHING LISTS OF REGISTERED ELECTORS — RESTRICTIONS. (1) Each of the county clerks, upon receiving a request shall supply to any individual, a current list of the registered electors of the county and their addresses, arranged in groups according to election precincts. The county clerks shall prepare an original of the above list from the state voter registration system at county expense. Any person desiring a copy of the original list shall be furnished the same, and the county clerk shall assess the individual an amount which will compensate the county for the cost of reproducing such copy.

(2)  No person to whom a list of registered electors is made available or supplied under subsection (1) of this section and no person who acquires a list of registered electors prepared from such list shall use any information contained therein for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. Provided however, that any such list and label may be used for any political purpose.

History:

[34-437, added 1970, ch. 140, sec. 72, p. 351; am. 1972, ch. 392, sec. 8, p. 1131; am. 1973, ch. 304, sec. 5, p. 646; am. 1976, ch. 344, sec. 1, p. 1147; am. 1982, ch. 137, sec. 5, p. 390; am. 2003, ch. 48, sec. 7, p. 184.]

34-437A.  STATEWIDE LIST OF REGISTERED ELECTORS. (1) The secretary of state, in conjunction with county clerks, shall develop and implement a single, uniform official, centralized, interactive, computerized statewide voter registration system as required by the help America vote act of 2002 (P.L. 107-252).

(2)  The statewide system shall contain the name and registration information of every legally registered voter in the state and assign a unique identifier to each legally registered voter in the state, and include the following:

(a)  The computerized list shall serve as the single system for storing and managing the official list of registered voters throughout the state.

(b)  The computerized list shall contain the name and registration information of every legally registered voter in the state.

(c)  Under the computerized list, a unique identifier shall be assigned to each legally registered voter in the state.

(d)  The computerized list shall be coordinated with other agency databases within the state.

(e)  Any election official in the state, including any local election official, may obtain immediate electronic access to the information contained in the computerized list.

(f)  All voter registration information obtained by any local election official in the state shall be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local official.

(g)  The secretary of state shall provide such support as may be required so that local election officials are able to enter information as described in subsection (2)(f) of this section.

(h)  The computerized list shall serve as the official voter registration list for the conduct of all elections for federal office in the state.

(3)  Any person desiring a copy of the statewide list of registered electors shall be furnished the same, and the secretary of state shall assess the individual an amount which will compensate the state for the cost of reproducing such copy.

No person to whom a list of statewide electors is furnished and no person who acquires a list of statewide electors prepared from such list shall use any information contained therein for the purpose of mailing or delivering any advertisement or offer for any property, establishment, organization, product, or service or for the purpose of mailing or delivering any solicitation for money, services, or anything of value. Provided however, that any such list and label may be used for any political purpose.

History:

[34-437A, added 1976, ch. 344, sec. 2, p. 1148; am. 2003, ch. 48, sec. 8, p. 184.]

34-437B.  FURNISHING LISTS OF REGISTERED ELECTORS TO SCHOOL DISTRICTS. Each of the county clerks, upon receiving a request therefor, not later than the thirtieth day prior to a school election, shall, not later than the seventh day prior to the election, supply to a requesting school board a list of registered electors, that are within the school district within which a school district election is to be held. The county clerk may assess the school board an amount which will compensate the county for the cost of preparing such a list.

History:

[34-437B, added 1987, ch. 256, sec. 3, p. 520; am. 1988, ch. 71, sec. 1, p. 102; am. 2006, ch. 70, sec. 4, p. 215.]

34-2401.  DEFINITIONS. As used in this chapter:

(1)  "Ballot" means any material used or the voting surface of a direct recording electronic system on which votes are cast for offices, candidates and measures.

(2)  "Ballot card" means the tabulating card or cards of any size upon which the voter records his vote.

(3)  "Ballot label" means the cards, papers, booklet or other material containing the names of offices and candidates and measures to be voted on.

(4)  "Election" means all state, county, city, district and other political subdivision elections including bond issue elections.

(5)  "Governing body" means the board of county commissioners of any county or the governing body of any city, district or other political subdivision elections including bond issue elections.

(6)  "Measure" means a proposed law, act or part of an act of the legislative assembly or amendment to the constitution of the state of Idaho to be submitted to the people for their approval or rejection at an election. "Measure" also means other propositions which can be submitted to the voters at any election by counties, cities, districts or other political subdivisions.

(7)  "Model" means a mechanically operated model of a portion of the face of the machine illustrating the means of voting.

(8)  "Precinct" includes all election districts.

(9)  "Voting machine" means:

(a)  Any mechanical or electronic device which will record every vote cast by any voter on candidates and measures and which will either internally or externally total all votes cast on that device;

(b)  Any device into which a ballot card may be inserted and which is so designed and constructed that the vote for any candidate or measure may be indicated by punching or marking the ballot card.

(10) "Vote tally system" means one (1) or more pieces of machinery or equipment necessary to examine and tally automatically paper ballots having marks placed thereon by a written mark or by a marking stamp. The examination shall be accomplished by either mark sensing or optical scanning.

History:

[34-2401, added 1970, ch. 140, sec. 132, p. 351; am. 1974, ch. 3, sec. 1, p. 17; am. 2001, ch. 272, sec. 3, p. 994; am. 2003, ch. 48, sec. 14, p. 187.]

34-2402.  AUTHORITY TO USE. It is the policy of this state that at all elections, including bond issue elections, that ballots or votes may be cast, registered, recorded and counted by means of voting machines or vote tally systems as provided in this chapter.

History:

[I.C., sec. 34-2402, as added by 1974, ch. 3, sec. 3, p. 17.]

34-2403.  APPLICABILITY OF OTHER LAWS. All election laws, including, but not limited to, bond election laws, city charters or ordinances, not inconsistent with this chapter, shall apply to all elections in election precincts where voting machines or vote tally systems are used. No provision of law, city charter or ordinance which in any way conflicts with this chapter or with the use of voting machines or vote tally systems as provided in this chapter, shall operate to prohibit use of voting machines or vote tally systems in any election or bond issue election.

History:

[I.C., sec. 34-2403, as added by 1974, ch. 3, sec. 5, p. 17.]

34-2404.  TAMPERING WITH MACHINES PROHIBITED. (1) No person shall:

(a)  Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election.

(b)  Tamper with any voting machine or vote tally system that has been used in an election.

(c)  Prevent or attempt to prevent the correct operation of any voting machine or vote tally system.

(2)  An unauthorized person shall not make or have in his possession a key to a voting machine to be used or being used in an election.

(3)  Neither the secretary of state nor any officer or employee of any county, city, district or other political subdivision using voting machines or vote tally systems, shall solicit or accept any compensation, other than amounts paid by the governmental unit, in connection with the sale, lease or use of voting machines or vote tally systems.

History:

[34-2404, added 1970, ch. 140, sec. 135, p. 351.]

34-2409.  EXAMINATION OF MACHINES BY SECRETARY OF STATE PRIOR TO ADOPTION. (1) The secretary of state shall publicly examine all makes of voting machines or vote tally systems submitted to him and determine whether the machines or vote tally systems comply with the requirements of this chapter, and can safely be used by voters at elections under the provisions of this chapter. Any voting machine or vote tally system shall be certified by the secretary of state for use in Idaho. Except for functions or capabilities unique to this state, voting machines and vote tally systems shall be tested and the results certified by an independent testing authority designated by the secretary of state prior to certification.

(2)  Any person owning or interested in a voting machine or vote tally system may submit it to the secretary of state for examination. No examination shall be conducted unless documentation is provided indicating that the voting machine or vote tally system meets the federal election commission standards. For the purpose of assistance in examining the machine or vote tally system the secretary of state may employ not more than three (3) individuals who are expert in one (1) or more of the fields of data processing, mechanical engineering and public administration. The compensation of these assistants shall be paid by the person submitting the machine or vote tally system.

(3)  Within thirty (30) days after completing the examination and approval of any voting machine or vote tally system the secretary of state shall make and file in his office his report on the machine or vote tally system, together with a written or printed description and drawings and photographs clearly identifying the machine or vote tally system and the operation thereof. As soon as practicable after such filing, the secretary of state upon request shall send a copy of the report to any governing body within the state.

(4)  Any voting machine or vote tally system that receives the approval of the secretary of state may be used for conducting elections in this state. Any machine or vote tally system that does not receive such approval shall not be adopted for or used at any election. After a voting machine or vote tally system has been approved by the secretary of state, any change or improvement in the machine or vote tally system that does not impair its accuracy, efficiency or capacity shall not render necessary a reexamination or reapproval of the machine or vote tally system.

(5)  Any voting system, including paper ballots, that was used in the 2004 general election shall be continued to be authorized for use as long as the voting system meets the requirements of the "Help America Vote Act of 2002," Public Law 107-252.

(6)  For all elections conducted after 2004, no direct recording electronic voting device shall be used unless the direct recording electronic voting device has a voter verifiable paper audit trail. Any certifications of a direct recording electronic voting device without a voter verifiable paper audit trail are hereby declared null and void.

(7)  The secretary of state may periodically review the various voting systems that have been certified for use in the state to ensure such systems meet the standards set forth by the federal election assistance commission and the national institute of standards and technology. Any voting system that does not meet such standards may be decertified after a public hearing.

History:

[34-2409, added 1970, ch. 140, sec. 140, p. 351; am. 2001, ch. 272, sec. 4, p. 995; am. 2005, ch. 282, sec. 1, p. 918; am. 2007, ch. 202, sec. 8, p. 623; am. 2012, ch. 179, sec. 1, p. 470.]

34-2410.  SPECIFICATIONS FOR VOTING MACHINES OR VOTE TALLY SYSTEMS. (1) No voting machine or vote tally system shall be approved by the secretary of state unless it is constructed so that it:

(a)  Secures to the voter secrecy in the act of voting.

(b)  Provides facilities for voting for the candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted.

(c)  Permits the voter to vote for any person for any office and upon any measure that he has the right to vote for.

(d)  Permits the voter, except at primary elections, to vote for all the candidates of one (1) party or in part for the candidates of one (1) party and in part for the candidates of one or more other parties.

(e)  Permits the voter to vote for as many persons for an office as he is lawfully entitled to vote for but no more.

(f)  Prevents the voter from voting for the same person more than once for the same office.

(g)  Correctly registers or records all votes cast for any and all persons and for or against any and all measures.

(h)  Can be adjusted so that the counting mechanism rejects any vote cast on the tabulating card in excess of the number which the voter is entitled to vote.

(i)  Provides that a vote for more than one (1) candidate cannot be cast by one (1) single operation of the machine or vote tally system.

(2)  A vote tally system shall be:

(a)  Capable of correctly counting votes on ballots or ballot cards on which the proper number of votes have been marked for any office or question or issue that has been voted.

(b)  Capable of ignoring the votes marked for any office or question or issue where more than the allowable number of votes have been marked, but shall correctly count the properly voted portions of the ballot card.

(c)  Capable of accumulating a count of the specific number of ballots or ballot cards tallied for a precinct, accumulating total votes by a candidate for each office; and accumulating total votes for and against each question and issue of the ballots or ballot cards tallied for a precinct.

(d)  Capable of tallying votes from ballots or ballot cards of different political parties, from the same precinct, in the case of a primary election.

(e)  Capable of accommodating rotation of candidates’ names on the ballot or ballot card, provided that all ballots or ballot cards from one (1) precinct shall be of the same rotation sequence.

(f)  Capable of automatically producing precinct totals in either printed, marked, or punched form, or combinations thereof.

History:

[34-2410, added 1970, ch. 140, sec. 141, p. 351.]

34-2411.  DUTIES OF CLERKS OF ELECTION BOARDS. (1) The secretary of state shall issue an administrative order outlining the duties of each of the clerks on the election board. He shall devise and prescribe for use by each local election officer the contents, form, character and kinds of ballots, ballot labels, ballot cards, formats, records, papers and documents and other materials and supplies and procedures necessary in the use of voting machines or vote tally systems and in the process of counting and tabulating the ballots by mechanical or electrical counting devices or equipment or computers.

(2)  The secretary of state shall prescribe rules and regulations to achieve and maintain the maximum degree of correctness, impartiality and efficiency on the procedures of voting, and of counting, tabulating and recording votes, by the devices, machines or vote tally systems and methods provided by this act.

History:

[34-2411, added 1970, ch. 140, sec. 142, p. 351.]

34-2412.  COMPOSITION OF PRECINCT ELECTION BOARDS. (1) The election board of each election precinct in which a voting machine or vote tally system is used shall consist of an election judge and one (1) or more clerks. Each election board shall contain personnel representing all existing political parties if a list of applicants has been provided to the county clerk by the precinct committeemen of the precincts at least sixty (60) days prior to the primary election. The county clerk shall establish the number of election board clerks.

(2)  The qualifications and duties of election judges shall apply to the appointment of election board clerks in counties or precincts where voting machines or vote tally systems are used.

History:

[34-2412, added 1970, ch. 140, sec. 143, p. 351; am. 1974, ch. 75, sec. 1, p. 1162; am. 1989, ch. 346, sec. 1, p. 873; am. 2012, ch. 211, sec. 12, p. 578.]

34-2413.  PREPARATION OF MACHINES FOR USE — INSTRUCTIONS. (1) Before each election at which voting machines or vote tally systems are to be used, the county clerk of a county, in which voting machines or vote tally systems are to be used, shall cause them to be properly prepared and shall cause the election board to be properly instructed in their use.

(2)  For the purpose of giving such instruction, the county clerk shall call the meeting or meetings of the election board that are necessary. Each election board shall attend the meetings and receive the instruction necessary for the proper conduct of the election with the machine or vote tally system.

(3)  No election board judge or clerk shall serve in any election at which a voting machine or vote tally system is used unless he has received the required instruction and is fully qualified to perform the duties in connection with the machine or vote tally system; but this requirement shall not prevent the appointment of an election board clerk to fill a vacancy in an emergency.

History:

[34-2413, added 1970, ch. 140, sec. 144, p. 351; am. 2012, ch. 211, sec. 13, p. 579.]

34-2414.  PRINTED MATTER AND SUPPLIES. (1) The election officer charged with the duty of providing ballots shall provide all necessary instruction, forms and supplies required for the proper use of the voting machines or vote tally systems.

(2)  Within a proper and reasonable time before the first election at which voting machines or vote tally systems are to be used, the secretary of state shall prepare samples of the printed matter and supplies required. He shall furnish one (1) of each of the samples to the election officer in charge of the election of each county, city, district or other political subdivision in which the machines or vote tally systems are to be used.

(3)  The county clerk or other election officer shall deliver voting machines to each election board as provided for election supplies.

History:

[34-2414, added 1970, ch. 140, sec. 145, p. 351.]

34-2415.  PREPARATION OF POLLING PLACE FOR ELECTION. (1) The election board of each election precinct in which a voting machine is to be used shall meet at the polling place for the election precinct at least thirty (30) minutes before the time set for opening the polls. Before preparing the machine for voting, the election board shall proceed as prescribed in subsection (2) of this section.

(2)  The election board shall:

(a)  Cause the voting machine to be placed where it can be conveniently attended by the election board and conveniently operated by the voters and where the ballot labels on the machines can be plainly seen by the election board and the public when not being voted on.

(b)  Cause the model to be placed where each voter can conveniently operate it and receive instructions on the model as to the manner of voting before entering the voting machine booth.

(c)  Determine that the ballot labels are in the proper place on the machine.

(3)  After performing their duties as provided in this section, the election board shall certify to the fact in the appropriate places in the poll book.

History:

[34-2415, added 1970, ch. 140, sec. 146, p. 351.]

34-2416.  PROCEDURE FOR PREPARING MACHINES FOR AN ELECTION. (1) In preparing a voting machine for an election, the county clerk or the clerk of the city, district or other political subdivision, as the case may be, shall:

(a)  Arrange the machine and the ballot labels so that it shall in every particular case meet the requirements of voting and counting at such elections.

(b)  Thoroughly inspect and test the machine, and file a certificate in his office that the ballot labels have been properly arranged.

(2)  The arrangement of offices and names of candidates upon the ballot labels shall conform as nearly as practicable to the provisions of law for the arrangement of names on paper ballots, and in the event that there are more candidates for any office than can be placed upon one (1) page, the labels shall be clearly marked to indicate that the names of candidates for the office are continued on the following page.

(3)  Representatives of political parties and candidates shall be permitted to examine the voting machines or vote tally systems.

History:

[34-2416, added 1970, ch. 140, sec. 147, p. 351.]

34-2417.  NOTICE OF LOCATIONS OF VOTING MACHINES AND POLLING PLACES. Before preparing the voting machines or vote tally systems for any election, the county clerk shall mail to the chairman of the county or legislative district central committees of each political party who has notified such clerk that notice is desired, a written notice stating the time and place or places where voting machines or vote tally systems will be prepared for the election. At such times and places, one (1) representative of each political party is entitled to be present and see that the machines or vote tally systems are properly prepared and placed in proper condition and order for use at the election. In nonpartisan elections each candidate may designate one (1) representative who has the same powers as the political party representatives. The political party and candidate representatives shall certify that they have witnessed the testing and preparation of the machines or vote tally systems. The certificates shall be filed in the office of the county clerk.

History:

[34-2417, added 1970, ch. 140, sec. 148, p. 351.]

34-2418.  BALLOTS AND BALLOT LABELS. (1) The ballots and ballot labels required to be furnished for general or special elections shall be printed in black ink on clear white material of such size and arrangements as to suit the construction of the machine. The ballot labels for measures may contain a condensed statement of purpose for each measure to be voted on, accompanied by the words "Yes" and "No." The title of the offices on the ballot labels shall be printed in type as large as the space for the office will reasonably permit. Where more than one (1) candidate can be voted for an office, there shall be printed below the office title words indicating the number the voter is lawfully entitled to vote for out of the whole number of candidates, such as "Vote for Two."

(2)  The ballots and ballot labels required to be furnished for primary elections may be of different colors for the political parties who are nominating or electing candidates.

(3)  The "judiciary ballot" may be added to the ballot labels for the political parties. Candidates for the above offices will be shown under the general title of nonpartisan judicial candidates.

(4)  When a vote tally system is used, the county clerk shall prepare the ballots as nearly as practicable as required by law.

History:

[34-2418, added 1970, ch. 140, sec. 149, p. 351; am. 1994, ch. 54, sec. 4, p. 94.]

34-2419.  ROTATION OF NAMES OF CANDIDATES. In each primary and general election when two (2) or more persons are candidates for nomination or election to the same office, the county clerk or the clerk of a city, district or other municipality in which voting machines or vote tally systems are used shall rotate the names of candidates as directed by the secretary of state.

History:

[34-2419, added 1970, ch. 140, sec. 150, p. 351.]

34-2420.  EXAMINATIONS OF FACE OF MACHINE DURING ELECTION. The election board shall occasionally examine the face of the voting machine and the ballot labels to determine that the machine and the ballot labels have not been damaged or tampered with.

History:

[34-2420, added 1970, ch. 140, sec. 151, p. 351.]

34-2421.  PROCEDURE IF A VOTING MACHINE BECOMES INOPERATIVE. (1) If any voting machine used in any election precinct, during or before the time the polls are opened, becomes damaged so as to render it inoperative in whole or in part, an election board clerk immediately shall notify the election officer charged with the care of the machine.

(2)  If possible, the election officer so notified shall repair the machine at once or substitute another machine for the damaged machine.

(3)  If no other machine can be procured for use at the election and the damaged machine cannot be repaired in time for further use at the election, or where in the discretion of a majority of the members of the election board it is impracticable to use the machine, the election board shall permit the voters to use paper ballots prepared as in cases where paper ballots are used. The paper ballots shall be furnished to the election board by the county clerk. The paper ballots shall be issued, voted and deposited in ballot boxes in as nearly the same manner as provided by law, except that the paper ballots shall not be tallied and returned by the election board. Instead, these paper ballots shall be delivered to the county clerk for his tally and canvass.

History:

[34-2421, added 1970, ch. 140, sec. 152, p. 351; am. 1971, ch. 5, sec. 7, p. 11.]

34-2422.  CLOSING OF POLLS — DELIVERY OF BALLOTS TO CLERK BEFORE POLLS CLOSED. (1) At the hour for closing the polls, the election board shall declare the polls of the election closed and shall not permit any further voting. However, electors who are, at the hour of closing, within the polling room or awaiting their turn to vote shall be considered as having begun the act of voting and shall be permitted to cast their votes.

(2)  At any time prior to the closing of the polls provision may be made for the delivery of voted ballots to the county clerk or the clerk of a city, district or other political subdivision for counting. If such procedure is adopted, the result of this early count shall not be released to the public until after 8:00 p.m. of election day.

History:

[I.C., sec. 34-2422 as added by 1971, ch. 5, sec. 8, p. 11.]

34-2423.  ABSENT VOTING BY VOTING MACHINE OR PAPER BALLOT. The county clerk may provide that absent voting shall be either by voting machine or by marking a paper ballot or a combination of both. In any of the foregoing cases he may establish one (1) absent elector unit to handle and process absent elector ballots for each legislative district within his county and shall cause sufficient ballots of the proper kind or kinds to be provided.

Voted ballots shall be retained by the county clerk until election day when they shall be transferred to the ballot processing center and thereafter made a part of the election returns.

History:

[34-2423, added 1970, ch. 140, sec. 154, p. 351; am. 1976, ch. 73, sec. 2, p. 243.]

34-2424.  PAPER BALLOTS USED IN CONJUNCTION WITH VOTING MACHINES. In any election where voting machines or vote tally systems are used:

(1)  Paper ballots may be used to record the electors’ votes for party offices.

(2)  Paper ballots may be used to record the electors’ votes for or against municipal candidates or measures.

(3)  Paper ballots which are used in conjunction with voting machines may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code.

(4)  Ballots or ballot cards may be returned to the office of the county clerk for counting.

(5)  In the event that paper ballots are used in conjunction with voting machines or vote tally systems to record write-in votes, these paper ballots may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code.

History:

[34-2424, added 1970, ch. 140, sec. 155, p. 351; am. 2012, ch. 211, sec. 14, p. 579.]

34-2425.  PREPARATION AND DISTRIBUTION OF SAMPLE BALLOTS. (1) At each primary, general and special election there shall be provided as many sample ballots as the county clerk considers necessary. The sample ballots shall be prepared and distributed as provided by law.

(2)  For each primary, general and special election the county clerk shall cause to be published a facsimile, except as to size, of the sample ballot required in subsection (1) of this section.

History:

[34-2425, added 1970, ch. 140, sec. 156, p. 351.]

34-2426.  EXHIBITION OF VOTING MACHINES FOR INSTRUCTION OF VOTERS. (1) Before each election at which voting machines are to be used the county clerk shall place on public exhibition a suitable number of machines for the proper instruction of voters. The machines shall be arranged and equipped with ballot labels so as to best illustrate the method of voting at that election and so far as practicable, shall contain:

(a)  The names of the offices to be filled.

(b)  The names of the candidates to be voted for, together with their proper party designations in case of party elections.

(c)  Statements of the measure to be voted on.

(2)  In addition to supplying sample ballots, the county clerk shall, before the election, take reasonable additional steps to familiarize the voters with a diagram showing the face of the voting machine after the official ballot labels are arranged thereon with illustrated instructions how to vote, and with the locations of the voting machines that are on public exhibition.

(3)  Before each election at which a vote tally system is to be used, the county clerk shall make every reasonable effort to acquaint the electors within his county with the ballot format and the marking system.

History:

[34-2426, added 1970, ch. 140, sec. 157, p. 351.]

34-2427.   VOTERS WITH PHYSICAL OR OTHER DISABILITY. (1) The election board clerks shall instruct electors on how to record their votes on the voting machine or vote tally system, and shall give assistance to any elector who declares that he is unable by reason of physical or other disability to record his vote on the machine or vote tally system, and on request by the elector after he has entered the voting booth, shall give him the necessary information to enable him to record his vote.

(2)  Any elector who, because of blindness, physical or other disability, is unable to mark his ballot shall, upon request, receive the assistance of the election board clerks or some other person chosen by the elector in the marking thereof. Such clerks or person shall ascertain the wishes of the elector and mark his ballot in accordance therewith, and shall thereafter give no information regarding such marking. Whenever an elector receives assistance in this manner, a clerk shall make a notation thereof in the combination election record and poll book following the name of the elector.

(3)  If any elector, after entering the voting booth, asks for information regarding the operation of the voting machine or marking device, the election board clerks shall give him the necessary information.

History:

[34-2427, added 1970, ch. 140, sec. 158, p. 351; am. 1972, ch. 129, sec. 2, p. 257; am. 2010, ch. 235, sec. 20, p. 557; am. 2015, ch. 282, sec. 8, p. 1150.]

34-2429.  VALIDATION OF ELECTIONS. All elections, including but not limited to bond issue elections, heretofore conducted pursuant to this chapter and all proceedings had or to be had in the authorization and issuance of the bonds authorized thereat, together with all such bonds when issued, are hereby validated, ratified and confirmed, and all such bonds when issued are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bond election, or bonds issued pursuant thereto, the legality of which are being contested at the time this act takes effect.

History:

[I.C., sec. 34-2429, as added by 1974, ch. 3, sec. 6, p. 19.]