TITLE 34

ELECTIONS

CHAPTER 20

ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES

34-2020.  Liability for costs. (a) The contestant and the incumbent are liable to the officers and witnesses for the costs made by them respectively. But if the election be confirmed, or the complaint be dismissed, or the prosecution fail, judgment shall be rendered against the contestant for costs, and if the judgment be against the incumbent, or the election be set aside, it shall be against him for costs.

(b) If the election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the returns, the contest costs shall be a charge against the county or political subdivision where the election was held.

History:

[(34-2020) 1890-1891, p. 57, sec. 161; reen. 1899, p. 33, sec. 148; reen. R.C. & C.L., sec. 5045; C.S., sec. 7293; I.C.A., sec. 33-1720; am. 1982, ch. 209, sec. 7, p. 575.]