US Laws, Codes, Statutes & Cases

                                  TITLE  34
                                  ELECTIONS
                                  CHAPTER 21
                       ELECTION CONTESTS -- LEGISLATIVE
                         AND STATE EXECUTIVE OFFICES
    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.