Idaho Code

Idaho Code § 34-1005 (2026)

Return of absentee ballot.

✓ current as of May 2026

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Return of absentee ballot.

(1) The return envelope shall be mailed or delivered to the officer who issued the same; provided, that an absentee ballot must be received by the issuing officer by 8:00 p.m. on the day of election before such ballot may be counted.

(2) Upon receipt of an absent elector’s ballot, the county clerk of the county wherein such elector resides shall verify the authenticity of the affidavit, including verifying that the signature matches the signature from such elector’s voter registration, and shall write or stamp upon the envelope containing the same, the date and hour such envelope was received in his office and shall record the information pursuant to section 34-1011, Idaho Code. He shall safely keep and preserve all absent electors’ ballots unopened until the time prescribed for delivery to the polls or to the central count ballot processing center.

Notes of Decisions

Cited in 3 cases, 2000–2020 · leading case: Noble v. Ada Cnty. Elections Bd., 20 P.3d 679 (Idaho 2000).

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Noble v. Ada Cnty. Elections Bd., 20 P.3d 679 (Idaho 2000). · cites it 6× “Noble contends that 189 absentee ballots were illegal and should not have been counted because the county clerk’s office failed to follow the absentee ballot return procedures found in I.C. § 34-1005, which provides in part as follows: Upon receipt of an absent elector’s ballot…”

Dnc v. Katie Hobbs (9th Cir. 2020). “Idaho Idaho Code Ann. § 34-1005 (West 2019): The return envelope shall be mailed or delivered to the officer who issued the same; provided, that an absentee ballot must be received by the issuing officer by 8:00 p.”

DCCC v. Ziriax (N.D. Okla. 2020). “§ 15-9 ; Idaho, Idaho Code § 34-1005 ; Kentucky, Ky. Rev.”

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