Idaho Code

Idaho Code § 34-1202 (2026)

Comparison of poll lists and ballots — Void ballots. 

✓ current as of May 2026
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Comparison of poll lists and ballots — Void ballots. 

The counting must commence by comparison of the ballots and the poll lists from the commencement, and a correction of any mistake that may be found therein, until they are found to agree. The ballot box shall be opened and the ballots found therein counted by the judges, unopened and the number of ballots in the box must agree with the number marked in the poll book as having received a ballot, and this number, together with the number of spoiled ballots, must agree with the number of stubs or counterfoils in the books from which the ballots have been taken. If the number of ballots issued does not agree with the number of stubs or counterfoils, the election judges shall have authority to make any decision to correct the situation; but this shall not be construed to allow the judges to void all ballots cast at that polling place.

When duplicate ballot boxes are used in a precinct, the duties herein prescribed shall be done after all of the votes have been tallied.
Notes of Decisions
Cited in 2 cases, 1953–1995 · leading case: Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995).
Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995). “") (citing Idaho Code § 34-1202 (1891)); Ill.Ann.Stat.”
McCall v. Martin, 262 P.2d 787 (Idaho 1953). “This is the rule declared by the legislature in § 34-1202, I.C., first enacted in 1891 and which has continued in force without amendment to the present time, to wit: “Any ballot or part of a ballot from which it is impossible to determine the elector’s choice, shall be void and…”
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