2005 Idaho Code - 33-407 — RETURN AND CANVASS OF ELECTIONS

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 4
                               SCHOOL ELECTIONS
    33-407.  RETURN AND CANVASS OF ELECTIONS. In any school election involving
the excision and annexation of territory, or the consolidation of school
districts, or the division of a school district, the board of county
commissioners of the county in which the election is held, or, in the case of
a joint school district, the board of county commissioners of the home county
of the school district, shall constitute the board of canvassers. In all other
school elections, the board of trustees of each school district shall act as
the board of canvassers.
    Following the close of the polls at the time stated in the notice of
election, each board of election shall open the ballot boxes and compute the
results in public view. 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. In the event of a bond election or any other election requiring more
than a simple majority conducted by a school district, 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 the ballot or part of a ballot shall
not be counted in determining the number of qualified electors voting at or
participating in such elections. Within not more than three (3) days
thereafter each board of election shall make return to the chairman of the
board of canvassers. Said return shall include the computation of the results
of the election and all ballots cast at the election, both those counted and
those rejected.
    At its next meeting after receiving all returns from the board or boards
of election, the board of trustees or the board of county commissioners, when
acting as a board of canvassers shall canvass all returns of the election. The
board of canvassers shall examine and make a statement of the total number of
votes cast for all candidates or questions that shall have been voted upon at
the election. The statement shall set forth the names of the candidates or
questions for which the votes have been cast. It shall also include the total
number of votes cast for each candidate and/or the total number of affirmative
and negative votes cast for any question voted upon at the election. The board
of trustees of the school district, when acting as a board of canvassers,
shall enter the results of the election as reflected in such a statement in
the minutes of the board of trustees.
    The board of county commissioners, when acting as a board of canvassers,
shall canvass the returns and shall give notice of the result of the election
as reflected in such statement to the board of trustees of any school district
involved in the election. If the proposals have been approved by the majority
or majorities required by law, the board of county commissioners shall
thereupon enter its order showing the proposals as having been approved, and
shall also give notice of such approval to the board of county commissioners
of any other county in which shall lie any part of the territory of any school
district affected by the result of the election. The board of county
commissioners of each county shall thereupon make appropriate corrections in
the legal descriptions of any school district boundaries, within its county
whenever the result of the election requires such correction.
    All returns of elections, including ballots cast thereat, shall be kept
and retained by the clerk of the board of trustees, or by the clerk of the
board of county commissioners, as the case may be, for not less than eight (8)
months after the date of the election.