Idaho Code
Idaho Code § 34-215 (2026)
Appeals by aggrieved persons.
✓ current as of May 2026
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Appeals by aggrieved persons.
(1) Any person adversely affected by any act or failure to act by the secretary of state or a county clerk under any election law, or by any order, rule, regulation, directive or instruction made under the authority of the secretary of state or of a county clerk under any election law, may appeal therefrom to the district court for the county in which the act or failure to act occurred or in which the order, rule, regulation, directive or instruction was made or in which such person resides.
(2) Any party to the appeal proceedings in the district court under subsection (1) of this section may appeal from the decision of the district court to the supreme court.
(3) The district courts and supreme court, in their discretion, may give such precedence on their dockets to appeals under this section as the circumstances may require.
(4) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against any act or failure to act by the secretary of state or a county clerk under any election law or against any order, rule, regulation, directive or instruction made under the authority of the secretary of state or a county clerk under any election law.
Notes of Decisions
Cited in 3
cases, 2002–2015 · leading case: Gibbons v. Cenarrusa, 92 P.3d 1063 (Idaho 2002).
Gibbons v. Cenarrusa, 92 P.3d 1063 (Idaho 2002). “In this situation this could result in suits in numerous counties, the potential of inconsistent results, and the possibility of actions in the district courts following the primary election.”
Caleb Hansen v. Lawerence Denney, 346 P.3d 321 (Idaho Ct. App. 2015). “The letter also informed Hansen that, pursuant to I.C. § 34-215, he had a right to appeal the Secretary’s decision to the district court.”
Henry v. Ysursa, 231 P.3d 1010 (Idaho 2008). “If the clerk refuses to correct the error, any person adversely affected can appeal to the district court pursuant to Idaho Code § 34-215 . 2 Had the Petitioners followed this procedure, then any errors made by the county clerks in certifying the number of qualified electors who…”
— Idaho Code § 34-215(1) — 1 case
Caleb Hansen v. Lawerence Denney, 346 P.3d 321 (Idaho Ct. App. 2015). “The letter also informed Hansen that, pursuant to I.C. § 34-215, he had a right to appeal the Secretary’s decision to the district court.”
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