Current through the 2024 Regular Session
Section 34-1401 - ELECTION ADMINISTRATION(1) Notwithstanding any provision to the contrary, the county clerk shall administer all elections on behalf of any political subdivision, subject to the provisions of this chapter, including all special district elections and elections of special questions submitted to the electors as provided in this chapter. Water districts governed by chapter 6, title 42, Idaho Code, recreational water and/or sewer districts as defined in section 42-3202A, Idaho Code, aquifer recharge districts governed by chapter 42, title 42, Idaho Code, ground water management districts governed by chapter 51, title 42, Idaho Code, ground water districts governed by chapter 52, title 42, Idaho Code, and irrigation districts governed by title 43, Idaho Code, are exempt from the provisions of this chapter. Municipal elections shall be conducted under the provisions of this chapter except for the specific provisions of chapter 4, title 50, Idaho Code. All school district and highway district elections shall be conducted pursuant to the provisions of this chapter 14, title 34, Idaho Code. All highway district and school district elections shall be administered by the clerk of the county wherein the district lies. Elections in a joint school district or other political subdivisions that extend beyond the boundaries of a single county shall be conducted jointly by the clerks of the respective counties, and the clerk of the home county shall exercise such powers as are necessary to coordinate the election. "Home county" shall be defined as the county in which the business office for the district or political subdivision is located. (2) For the purposes of achieving uniformity, the secretary of state shall, from time to time, provide directives and instructions to the various county clerks. Unless a specific exception is provided in this chapter, the provisions of this chapter shall govern in all questions regarding the conduct of elections on behalf of all political subdivisions. In all matters not specifically covered by this chapter, other provisions of title 34, Idaho Code, governing elections shall prevail over any special provision which conflicts therewith.(3) The county clerk shall conduct the elections for political subdivisions and shall perform all necessary duties of the election official of a political subdivision including, but not limited to, notice of the filing deadline, notice of the election, and preparation of the election calendar.[34-1401, added 1992, ch. 176, sec. 4, p. 555; am. 1993, ch. 313, sec. 5, p. 1160; am. 1993, ch. 379, sec. 1, p. 1392; am. 1996, ch. 298, sec. 1, p. 977; am. 2009, ch. 341, sec. 59, p. 1032; am. 2010, ch. 185, sec. 9, p. 387; am. 2011, ch. 11, sec. 15, p. 32; am. 2021, ch. 325, sec. 3, p. 992.]Amended by 2021 Session Laws, ch. 325,sec. 3, eff. 7/1/2021.Amended by 2011 Session Laws, ch. 11,sec. 15, eff. 1/1/2011.