34-2022. DETERMINATION OF TIE VOTE. If it appears that two (2) or more persons have–or would have had if the legal ballots cast or intended to be cast for them had been counted–the highest and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the court shall by written order direct, which of them shall be declared duly elected, and the judgment shall be entered accordingly.
History:
[(34-2022) 1890-1891, p. 57, sec. 163; reen. 1899, p. 33, sec. 150; reen. R.C. & C.L., sec. 5047; C.S., sec. 7295; I.C.A., sec. 33-1722.]
Structure Idaho Code
Chapter 20 - ELECTION CONTESTS OTHER THAN LEGISLATIVE AND STATE EXECUTIVE OFFICES
Section 34-2001 - GROUNDS OF CONTEST.
Section 34-2002 - TERM INCUMBENT DEFINED.
Section 34-2003 - MISCONDUCT OF JUDGES.
Section 34-2004 - JURISDICTION — CONTESTS OVER JUDICIAL OFFICES.
Section 34-2005 - JURISDICTION — REMOVAL OF COUNTY SEATS AND SPECIAL QUESTIONS.
Section 34-2006 - JURISDICTION — COUNTY AND PRECINCT OFFICERS.
Section 34-2007 - WHO MAY CONTEST ELECTIONS.
Section 34-2008 - COMPLAINT AND SECURITY FOR COSTS.
Section 34-2009 - COMPLAINT — SPECIFIC ALLEGATIONS.
Section 34-2010 - ISSUANCE OF SUMMONS.
Section 34-2011 - TIME FOR TRIAL.
Section 34-2012 - POSTPONEMENT OF TRIAL.
Section 34-2013 - PROCEDURE IN GENERAL.
Section 34-2014 - TESTIMONY — SUBPOENA FOR WITNESSES.
Section 34-2016 - FORM AND SERVICE OF PROCESS.
Section 34-2017 - VOTERS TO TESTIFY AS TO QUALIFICATIONS.
Section 34-2018 - INSPECTION OF BALLOTS AND POLL BOOKS.
Section 34-2019 - BALLOTS AND POLL BOOKS — RETURN TO COUNTY AUDITOR.
Section 34-2020 - LIABILITY FOR COSTS.
Section 34-2021 - FORM OF JUDGMENT.
Section 34-2022 - DETERMINATION OF TIE VOTE.
Section 34-2023 - ORDER FOR POSSESSION.
Section 34-2024 - ELECTION DECLARED VOID.
Section 34-2025 - APPEAL AND SUPERSEDEAS.
Section 34-2026 - JUDGMENT OF AFFIRMANCE.
Section 34-2027 - COST OF BOND ON APPEAL.
Section 34-2028 - CONTEST OF NOMINATION AT PRIMARIES.
Section 34-2029 - JURISDICTION OVER PRIMARY CONTEST.
Section 34-2030 - FILING OF AFFIDAVIT.
Section 34-2031 - SECURITY FOR COSTS.