Idaho Code
Idaho Code

Idaho Code § 34-708 (2026)

Independent candidates. 

✓ current as of May 2026
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Independent candidates. 

(1) No person may offer himself as an independent candidate at the primary election.

(2)  Any person who desires to offer himself as an independent candidate for federal, state, district, or county office may do so by complying strictly with the provisions of this section. In order to be recognized as an independent candidate, each such candidate must file with the proper officer as provided by section 34-705, Idaho Code, a declaration of candidacy as an independent candidate, during the period specified in section 34-704, Idaho Code. Such declaration must state that he is offering himself as an independent candidate, must declare that he has no political party affiliation, and must declare the office for which he seeks election. Each such declaration must be accompanied by a petition containing the following number of signatures of qualified electors:
(a)  One thousand (1,000) for any statewide office;
(b)  Five hundred (500) for any congressional district office;
(c)  Fifty (50) for any legislative district office;
(d)  Five (5) for any county office.
(3)  Signatures on the petitions required in this section shall be verified in the manner prescribed in section 34-1807, Idaho Code, on a form similar to that used for recall petitions under chapter 17, title 34, Idaho Code, as prescribed by the secretary of state.
(4)  If all of the requirements of this section have been met, the proper officer shall cause the name of each independent candidate who has qualified to be placed on the general election ballot, according to instructions of the secretary of state.
Notes of Decisions
Cited in 5 cases, 1990–2010 · leading case: Henry v. Ysursa, 231 P.3d 1010 (Idaho 2008).
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Henry v. Ysursa, 231 P.3d 1010 (Idaho 2008). · cites it 19× “He is doing precisely what Idaho Code § 34-708 (4) mandates. Petitioners argue that the issuance of a writ of prohibition in this case is supported by this Court’s issuance of a writ of prohibition in Sullivan v.”
Daien v. Ysursa, 711 F. Supp. 2d 1215 (D. Idaho 2010). · cites it 11× “See I.C. §§ 34-708, 34-708A. The path to the Idaho ballot then branches again, in the different numbers of nominating signatures needed for independent candidates to obtain ballot access, depending upon the office sought.”
Wasden v. Idaho State Bd. of Land Com'rs, 249 P.3d 346 (Idaho 2010). · cites it 2× “The jurisdictional question at issue in Henry was whether the Secretary of State was acting beyond his jurisdictional authority in placing an independent candidate on the ballot where that candidate met the statutory requirements under I.C. § 34-708, and that statute directed…”
Cromer v. South Carolina, 917 F.2d 819 (4th Cir. 1990). “1990); Idaho Code § 34-708 (1981 & Supp.1990); Ill.”
Hon. Lawrence G. Wasden v. Idaho State Bd. of Land Commissioners, 249 P.3d 346 (Idaho 2010). · cites it 4× “The jurisdictional question at issue in Henry was whether the Secretary of State was acting beyond his jurisdictional authority in placing an independent candidate on the ballot where that candidate met the statutory requirements under I.C. § 34-708, and that statute directed…”
— Idaho Code § 34-708(2) — 2 cases
Henry v. Ysursa, 231 P.3d 1010 (Idaho 2008). “He is doing precisely what Idaho Code § 34-708 (4) mandates. Petitioners argue that the issuance of a writ of prohibition in this case is supported by this Court’s issuance of a writ of prohibition in Sullivan v.”
Daien v. Ysursa, 711 F. Supp. 2d 1215 (D. Idaho 2010). “See I.C. §§ 34-708, 34-708A. The path to the Idaho ballot then branches again, in the different numbers of nominating signatures needed for independent candidates to obtain ballot access, depending upon the office sought.”
— Idaho Code § 34-708(3) — 2 cases
Henry v. Ysursa, 231 P.3d 1010 (Idaho 2008). “He is doing precisely what Idaho Code § 34-708 (4) mandates. Petitioners argue that the issuance of a writ of prohibition in this case is supported by this Court’s issuance of a writ of prohibition in Sullivan v.”
Daien v. Ysursa, 711 F. Supp. 2d 1215 (D. Idaho 2010). “See I.C. §§ 34-708, 34-708A. The path to the Idaho ballot then branches again, in the different numbers of nominating signatures needed for independent candidates to obtain ballot access, depending upon the office sought.”
— Idaho Code § 34-708(4) — 1 case
Henry v. Ysursa, 231 P.3d 1010 (Idaho 2008). “He is doing precisely what Idaho Code § 34-708 (4) mandates. Petitioners argue that the issuance of a writ of prohibition in this case is supported by this Court’s issuance of a writ of prohibition in Sullivan v.”
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