2020 Idaho Code
Title 34 - ELECTIONS
Chapter 2 - DUTIES OF OFFICERS
Section 34-213 - MANDAMUS TO ENFORCE COMPLIANCE BY COUNTY CLERK.

Universal Citation: ID Code § 34-213 (2020)

34-213. MANDAMUS TO ENFORCE COMPLIANCE BY COUNTY CLERK. (1) Whenever it appears to the secretary of state that a county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, the secretary of state may apply to the appropriate district court or a judge thereof for a writ of mandamus to compel the county clerk to comply with such directive or instruction. In any such mandamus proceeding it is a defense that the directive or instruction in question is unlawful.

(2) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state.

History:

[34-213, added 1970, ch. 140, sec. 29, p. 351.]

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