US Laws, Codes, Statutes & Cases

                                  TITLE  34
                                  ELECTIONS
                                  CHAPTER 20
                              ELECTION CONTESTS
                          OTHER THAN LEGISLATIVE AND
                           STATE EXECUTIVE OFFICES
    34-2001A.  BOND ELECTION AND MILL LEVY CONTESTS -- TIME FOR FILING --
VALIDATION OF ELECTIONS AND BONDS. A. The provisions of this chapter with
respect to the contest of elections shall be applicable to bond elections
conducted by cities, counties, school districts and water and sewer districts,
and to elections conducted by school districts for mill levy increases as
authorized by sections 33-802, 33-803 and 33-804, Idaho Code. Any such contest
shall be regarded as one contesting the outcome of the vote on the bond or
mill levy proposition, rather than election to office, and the public entity
calling the election rather than a person declared to have been elected to
office, shall be regarded as the defendant.
    B.  When the validity of any bond or mill levy election is contested upon
any of the grounds enumerated in section 34-2001, Idaho Code, or upon any
other grounds whatsoever the plaintiff or plaintiffs must, within forty (40)
days after the votes are canvassed and the results thereof declared, file in
the proper court a verified written complaint setting forth, in addition to
the other requirements of this chapter, the following:
    (1)  The name of the party contesting the bond or mill levy election, and
that he is an elector of the public entity conducting the bond or mill levy
election.
    (2)  The proposition or propositions voted on at the election which are
contested.
    (3)  The particular grounds of such contest.
    C.  No such election contest shall be maintained and no bond or mill levy
election shall be set aside or held invalid unless a complaint is filed as
permitted hereunder within the period prescribed in this section. As to bond
or mill levy elections which have been held prior to the effective date  of
this act, no such contest shall be maintained wherein it is alleged that the
election should be set aside or held on any ground enumerated in section
34-2001, Idaho Code, or on any other ground, unless such election contest be
filed as herein provided within forty (40) days from and after the effective
date of this act.
    D.  All bond elections conducted by cities, counties, school districts and
water and sewer districts prior to the effective date of this act, and all
proceedings had in the authorization and issuance of the bonds authorized
thereat, are hereby validated, ratified and confirmed and all such bonds 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 is
being contested at the time this act takes effect, or any election the
legality of which is contested within the forty (40) day period from and after
the effective date of this act.