34-2104. GROUNDS OF CONTEST. The election of any person to any legislative or state executive office may be contested:

(1) For misconduct, fraud or corruption as provided in section 34-2107, Idaho Code, on the part of one (1) or more judges of election in any precinct or township, or on the part of one (1) or more members of any board of canvassers sufficient to change the result;

(2) When, in an election contest regarding a legislative seat, the contestee was not eligible for the office at the time of the election as provided in section 34-614, Idaho Code;

(3) When, in an election contest regarding an executive office, the contestee was not eligible for the office at the time of the election as provided in chapter 6 of this title;

(4) When the contestee has been convicted of one (1) or more felonies, unless at the time of the election his civil rights have been restored;

(5) When the contestee has been charged with giving or offering to any elector, clerk, or canvasser of the election, or to any judge as provided in section 34-2107, Idaho Code, any bribe or reward in money or property, for the purpose of procuring his election;

(6) When the contestee has been charged with violating one (1) or more of the provisions found in sections 18-2301 through 18-2313, Idaho Code;

(7) When illegal votes have been received or legal votes rejected at the polls sufficient to change the result;

(8) For any error in any board of canvassers in counting votes or in declaring the result of the election, if the error would change the result;

(9) When the contestee holds the office of the state treasurer or the state controller as provided in section 1, article IV, of the constitution of the state of Idaho, and is in default as a collector and custodian of public money or property;

(10) For any other cause or allegation which, if sustained, would show that a person other than the contestee was the person duly elected to the office in question.

History:

[34-2104, added 2017, ch. 293, sec. 2, p. 768.]