2015 Idaho Statutes
Title 34 - ELECTIONS
Chapter 21 - ELECTION CONTESTS -- LEGISLATIVE AND STATE EXECUTIVE OFFICES
Section 34-2121 - FORM OF RELIEF.

34-2121. Form of relief. (a) The legislature shall confirm or annul the election and shall declare as elected the person who shall appear duly elected.

(b) If two (2) or more persons have, or would have had if the legal ballots cast or intended to be cast for them had been counted, the highest and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in a manner as the legislature shall direct, which of them shall be declared duly elected.

(c) When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the legislature shall declare the election void. If a vacancy is created pursuant to this section, the legislature may declare the office vacant and order the office filled pursuant to chapter 9, title 59, Idaho Code, or, in the alternative the legislature shall have the authority to call for a special reelection regarding a specific contested office in which an accurate vote count cannot be obtained or discovered by the legislature. The legislature shall have the authority to set the time of the election and the office and candidates to be placed on the ballot.

History:

[34-2121, added 1982, ch. 209, sec. 29, p. 580.]