Idaho Code
Idaho Code

Idaho Code § 34-2001 (2026)

Grounds of contest. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Grounds of contest. 

The election of any person to any public office, the location or relocation of a county seat, or any proposition submitted to a vote of the people may be contested:

1.  For malconduct, fraud, or corruption on the part of the judges of election in any precinct, township or ward, or of any board of canvassers, or any member of either board sufficient to change the result.
2.  When the incumbent was not eligible to the office at the time of the election.
3.  When the incumbent has been convicted of felony, unless at the time of the election he shall have been restored to civil rights.
4.  When the incumbent has given or offered to any elector, or any judge, clerk or canvasser of the election, any bribe or reward in money or property for the purpose of procuring his election, or has committed any violation as set out in chapter 23, title 18, Idaho Code.
5.  When illegal votes have been received or legal votes rejected at the polls sufficient to change the result.
6.  For any error in any board of canvassers in counting votes or in declaring the result of the election, if the error would change the result.
7.  When the incumbent is in default as a collector and custodian of public money or property.
8.  For any cause which shows that another person was legally elected.
Notes of Decisions
Cited in 4 cases, 1967–2012 · leading case: Jim Brannon v. City of Coeur D'Alene, Idaho, 292 P.3d 234 (Idaho 2012).
Sort: Relevance Newest Treatment
Jim Brannon v. City of Coeur D'Alene, Idaho, 292 P.3d 234 (Idaho 2012). · cites it 11× “I.C. § 34-2001. Idaho Code section 34-2001 does not define the term “malconduct,” but a working definition was previously articulated by this Court.”
Muench v. Paine, 463 P.2d 939 (Idaho 1970). · cites it 6× “When the validity of any bond election is contested upon any of the grounds enumerated in section 34-2001 or upon any other grounds whatsoever the plaintiff or plaintiffs must, within forty (40) days after the votes are canvassed and the results thereof declared, file in the…”
Johnson v. Boundary Sch. Dist. No. 101, 63 P.3d 457 (Idaho 2003). · cites it 2× “es: When the validity of any bond or mill levy election is contested upon any of the grounds enumerated in section 34-2001, Idaho Code, or upon any other grounds whatsoever the plaintiff or plaintiffs must, within forty (40) days after the votes are canvassed and the results…”
Jordan v. Pearce, 429 P.2d 419 (Idaho 1967). · cites it 2× “I.C. § 34-2001(2), § 34-2101(2). Appellant concedes that each respondent has met the express statutory requirements for eligibility to run for office, such as “age, citizenship, residency, sanity, morality, and freedom from criminal activities,” but she contends that each of…”
— Idaho Code § 34-2001(1) — 1 case
Jim Brannon v. City of Coeur D'Alene, Idaho, 292 P.3d 234 (Idaho 2012). “I.C. § 34-2001. Idaho Code section 34-2001 does not define the term “malconduct,” but a working definition was previously articulated by this Court.”
— Idaho Code § 34-2001(2) — 1 case
Jordan v. Pearce, 429 P.2d 419 (Idaho 1967). “I.C. § 34-2001(2), § 34-2101(2). Appellant concedes that each respondent has met the express statutory requirements for eligibility to run for office, such as “age, citizenship, residency, sanity, morality, and freedom from criminal activities,” but she contends that each of…”
— Idaho Code § 34-2001(5) — 1 case
Jim Brannon v. City of Coeur D'Alene, Idaho, 292 P.3d 234 (Idaho 2012). “I.C. § 34-2001. Idaho Code section 34-2001 does not define the term “malconduct,” but a working definition was previously articulated by this Court.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.