TITLE 34

ELECTIONS

CHAPTER 20

ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES

34-2001A.  Bond election and levy contests — Time for filing — Validation of elections and bonds. (1) The provisions of this chapter with respect to the contest of elections shall be applicable to bond elections conducted by cities, counties, school districts, and water and sewer 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 public entity calling the election, rather than a person declared to have been elected to office, shall be regarded as the defendant.

(2)  When the validity of any bond or levy election is contested on any of the grounds enumerated in section 34-2001, Idaho Code, on the grounds of a failure to comply with the requirements of section 34-913 or 34-914, Idaho Code, or on any other grounds whatsoever 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:

(a)  The name of the party contesting the bond or levy election, and that he is an elector of the public entity conducting the bond or levy election;

(b)  The proposition or propositions voted on at the election that are contested; and

(c)  The particular grounds of such contest.

(3)  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 under this section within the period prescribed in this section.

(4)  All bond elections conducted by cities, counties, school districts, and water and sewer districts prior to the effective date of this act, 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 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 act takes effect, or any election, the legality of which is contested within the forty (40) day period from and after the effective date of this act.

History:

[I.C., sec. 34-2001A, as added by 1969, ch. 208, sec. 1, p. 604; am. 1976, ch. 291, sec. 1, p. 1008; am. 2021, ch. 288, sec. 5, p. 865.]