2005 Idaho Code - 33-409 — BOND ELECTION AND LEVY INCREASES -- TIME FOR FILING -- VALIDATION OF ELECTIONS AND BONDS

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 4
                               SCHOOL ELECTIONS
    33-409.  BOND ELECTION AND LEVY INCREASES -- TIME FOR FILING -- VALIDATION
OF ELECTIONS AND BONDS. a. The provisions of this chapter with respect to the
contest of school district elections shall be applicable to bond elections
conducted by school districts and to elections conducted by school districts
for 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 levy proposition, rather than election to office, and the
school district 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 levy election is contested upon any
of the grounds enumerated in section 33-408, Idaho Code, 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 levy election, and that
    he is an elector of the school district conducting the bond or 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 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 levy elections which have been held prior to the effective date of section
34-2001A, Idaho Code, 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 33-408, Idaho Code, unless such election contest be filed as herein
provided within forty (40) days from and after the effective date of section
34-2001A, Idaho Code.
    d.  All bond elections conducted by school districts prior to the
effective date of section 34-2001A, Idaho Code, 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 the provisions of 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 section takes effect, or any election the
legality of which is contested within the forty (40) day period from and after
the effective date of section 34-2001A, Idaho Code.