TITLE 34

ELECTIONS

CHAPTER 21

ELECTION CONTESTS ACT

34-2116.  OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE. (1)  Unless otherwise provided by legislative rule, the papers relating to any contest of election must be opened only in the presence of the body as directed by the presiding officer. Except as provided in subsection (2) of this section or unless otherwise provided for by legislative rule, the papers must remain in the custody of the presiding officer or his designee until the election contest is decided. Upon a final decision by the body, the provisions of section 34-2117, Idaho Code, governing preservation of evidence will apply.

(2)  Appointment of committee. The presiding officer may appoint a standing or special committee to hear the contest of election.

(a)  The chairman of the committee will act as the temporary custodian of the papers. The presiding officer, or his designee, has discretion to deliver to the committee chairman all papers delivered to the presiding officer by the secretary of state or a portion of those papers. The committee chairman, or his designee, is authorized to efficiently manage or organize the papers.

(b)  Upon conclusion of hearing the contest, the committee will report to the body its recommendation on the contest. The body must vote on the committee report. Upon the body’s vote on the report, the committee chairman must return the papers to the presiding officer, who will preserve the evidence as provided in section 34-2117, Idaho Code.

History:

[34-2116, added 2017, ch. 293, sec. 2, p. 772.]