Idaho Code
Idaho Code § 34-106 (2026)
Limitation on elections.
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Limitation on elections.
On and after January 1, 2011, notwithstanding any other provisions of the law to the contrary, there shall be no more than two (2) elections conducted in any county in any calendar year, except as provided in this section or section 34-220, Idaho Code, and except that elections to fill vacancies in the United States house of representatives shall be held as provided in the governor’s proclamation.
(1) The dates on which elections may be conducted are:
(a) The third Tuesday in May of each year; and
(b) The Tuesday following the first Monday in November of each year.
(c) In addition to the elections specified in paragraphs (a) and (b) of this subsection and subsection (7) of this section, an emergency election may be called upon motion of the governing board of a political subdivision. An emergency exists when there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or when it is necessary to do emergency work to prepare for national or local defense or to safeguard life, health or property.
(2) Candidates for office elected in May shall take office on the date specified in the certificate of election but not more than sixty (60) days following the election.
(3) Candidates for office elected in November shall take office as provided in the constitution or on January 1 next succeeding the November election.
(4) The governing board of each political subdivision subject to the provisions of this section that, prior to January 1, 2011, conducted an election for members of that governing board on a date other than a date permitted in subsection (1) of this section shall establish as the election date for that political subdivision the date authorized in subsection (1) of this section that falls nearest the date on which elections were previously conducted, unless another date is established by law.
(5) The secretary of state is authorized to provide such assistance as necessary and to prescribe any needed rules or interpretations for the conduct of an election authorized under the provisions of this section.
(6) Water districts governed by chapter 6, title 42, Idaho Code, are exempt from the provisions of this section.
(7) Community colleges governed by chapter 21, title 33, Idaho Code, and school districts are subject to the limitations specified in subsection (1) of this section.
(8) A city initiative or referendum election shall be held on the Tuesday following the first Monday in November of odd-numbered years. A county initiative or referendum election or a bond, levy or other ballot question election conducted by any political subdivision shall be held on the nearest date authorized in subsection (1) of this section as long as the ballot language for any question to be placed on the ballot is submitted to the county clerk no later than 5:00 p.m. on the tenth Friday before the election.
(9) Recall elections may be held on any of the dates authorized in subsection (1) of this section as long as the recall petition is certified no later than the tenth Friday before the next scheduled election.
(10) Irrigation districts governed by title 43, Idaho Code, are subject to the limitations specified in subsection (1) of this section, except that irrigation districts may also hold an election on the first Tuesday in February of each year and on the first Tuesday in August of each year on questions required to be voted on by title 43, Idaho Code.
Notes of Decisions
Cited in 4
cases, 2006–2013 · leading case: City of Boise City v. Keep the Commandments Coalition, 141 P.3d 1123 (Idaho 2006).
City of Boise City v. Keep the Commandments Coalition, 141 P.3d 1123 (Idaho 2006). “, 2004, or on such date as may be set by the Boise City Clerk pursuant to Idaho Code Section 34-106, and each for himself says: I have personally signed this petition; I am a qualified elector of the City of Boise; my residence and post office are correctly after my name.”
State v. Keithly, 314 P.3d 146 (Idaho 2013). “This was based upon the Recreation District’s lack of awareness that the Legislature had amended I.C. § 34-106 to abolish February elections.”
State v. Keithly (Idaho 2013). “This was based upon the Recreation District’s lack of awareness that the Legislature had amended I.C. § 34-106 to abolish February elections.”
Mann v. Granite Reeder Water & Sewer Dist., 141 P.3d 1117 (Idaho 2006). “acilities, or the making of any contract with the United States or other persons or corporations, public or private, municipalities, or governmental subdivisions, to carry out the objects or purposes of said district, requiring the creation of an indebtedness that will exceed…”
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