34-2120 — SECURITY FOR COSTS -- ASSESSMENT OF COSTS
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TITLE 34
ELECTIONS
CHAPTER 21
ELECTION CONTESTS -- LEGISLATIVE
AND STATE EXECUTIVE OFFICES
34-2120. SECURITY FOR COSTS -- ASSESSMENT OF COSTS. (a) The contestant
shall file with the secretary of state a bond in the amount of five hundred
dollars ($500) conditioned to pay the contestee's costs in case the election
be confirmed by the legislature.
(b) The contestants are liable for witness fees and the costs of
discovery made by them respectively. If the election is upheld by the
legislature, the legislature may assess costs against the contestant. If the
election is annulled by the legislature, the legislature may assess costs
against the contestee.
(c) If the election is set aside or annulled on the grounds of fraud or
error by the election officials in conducting the election or in canvassing
the returns, the contest costs shall be a charge against the county in which
the fraud or error occurred.
(d) If a special election is called by the legislature pursuant to
section 34-2121, Idaho Code, the costs associated with the special election
shall be allocated in equal amounts to the state of Idaho and the county or
counties where the special election is held.