TITLE 34

ELECTIONS

CHAPTER 20

ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES

34-2017.  Voters to testify as to qualifications. (a) The court may require any person called as a witness, who voted at such election, to answer touching his qualifications as a voter; and if he was not a qualified voter in the county where he voted, then to answer for whom he voted; and if the witness answer such questions no part of his testimony on that trial shall be used against him in any criminal action.

(b) No testimony shall be received as to any illegal votes unless the party contesting the election delivers to the opposing party at least three (3) days before trial, a written list of the number of illegal votes and by whom given, which he intends to prove on such trial. No testimony shall be received as to any illegal votes, except as to such as are specified in this list.

History:

[(34-2017) 1890-1891, p. 57, sec. 158; reen. 1899, p. 33, sec. 145; reen. R.C. & C.L., sec. 5042; C.S., sec. 7290; I.C.A., sec. 33-1717; am. 1982, ch. 209, sec. 6, p. 575.]