Idaho Code

Idaho Code § 67-412 (2026)

designating qualified substitute when legislator temporarily unable to perform duties. 

✓ current as of May 2026
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designating qualified substitute when legislator temporarily unable to perform duties. 

(1) In the event that a legislator is temporarily unable to perform the duties of his office, the legislator may designate a qualified person to succeed to the powers and duties, but not the office, of the legislator until the incumbent legislator is able to resume performance of his duties or a vacancy occurs in the office. If a legislator appoints a temporary successor, that person shall be designated or serve as a temporary substitute only if the person is qualified, under the Idaho constitution and statutes, to hold the office of the legislator to whose powers and duties the person is designated to succeed, which shall be verified by the legislator.

(2)  In the event of an attack, as defined in section 67-415, Idaho Code, the provisions of the emergency interim legislative succession act shall apply.
Notes of Decisions
Cited in 2 cases, 1957–2006 · leading case: Idaho Press Club, Inc. v. State Legislature, 132 P.3d 397 (Idaho 2006).
Idaho Press Club, Inc. v. State Legislature, 132 P.3d 397 (Idaho 2006). · cites it 4× “Members of the Legislature may be meeting with constituents, interest groups, or the like ( see I.C. § 67-412), but these activities would not be considered "the business" of either house.”
Eberle v. Nielson, 306 P.2d 1083 (Idaho 1957). · cites it 4× “Defendant, answering the petition, admits all of the allegations therein, and affirmatively alleges that § 67-412, I.C., purporting to authorize payment of such expenses, is in violation of Article 3, § 23, of the State Constitution.”
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