34-2109. SUMMARY DISMISSAL. (1) If the notice of contest fails to recite any grounds required by section 34-2104, Idaho Code, or fails to identify anticipated discovery as provided in section 34-2108, Idaho Code, or the contestor fails to timely post bond as provided in section 34-2118, Idaho Code, or the contestor otherwise fails to comply with the provisions of this chapter in a material way, the notice of contest may be stayed or dismissed as provided in subsections (3) and (4) of this section.
(2) Failure to advance contest. If the contestor fails to advance the contest due to death, incapacity, failure to comply with orders of the presiding officer, relocation out of the contested legislative district, or failure to advance the contest, then the presiding officer may enter a written order staying the proceedings. The provisions of subsections (3) and (4) of this section will then apply.
(3) Stay of proceedings. The presiding officer may enter a written order staying the proceedings if any of the instances provided in subsection (1) or (2) of this section apply. Upon issuance of the order, discovery in the contest must cease. The order must state the basis for the stay.
(4) Ratification or rejection. On or after the second day of the next regular session of the legislature, the body must either accept or reject the presiding officer’s stay.
(a) A vote by the body to accept the order constitutes a dismissal of the contest.
(b) A vote by the body to reject the order constitutes a reversal of the order. Following the rejection of the order, the presiding officer or his designee must issue an order to the parties providing a schedule for reasonable discovery and hearing. The order must provide reasonable time for the parties to develop their record, not to exceed twenty (20) days. The order must define how and when the record must be completed and delivered to the office of the secretary of state and when the secretary of state will deliver the contest papers to the appropriate body.
History:
[34-2109, added 2017, ch. 293, sec. 2, p. 770.]
Structure Idaho Code
Chapter 21 - ELECTION CONTESTS ACT
Section 34-2101 - SHORT TITLE — INTENT.
Section 34-2102 - DEFINITIONS.
Section 34-2104 - GROUNDS OF CONTEST.
Section 34-2105 - LEGISLATIVE RULES.
Section 34-2106 - CONTEST FOR LEGISLATIVE OFFICES — EXCEPTION REGARDING PRESIDING OFFICERS.
Section 34-2107 - MISCONDUCT OF ELECTION JUDGES — WHEN SUFFICIENT TO SET ASIDE AN ELECTION.
Section 34-2109 - SUMMARY DISMISSAL.
Section 34-2110 - EXAMINATION OF WITNESSES — SUBPOENAS.
Section 34-2111 - TESTIMONY — HOW TAKEN, CERTIFIED AND PRESERVED.
Section 34-2112 - PRODUCTION OF PAPERS — REFUSAL OR NEGLECT TO PRODUCE A MISDEMEANOR.
Section 34-2113 - EXAMINATION OF POLL BOOKS AND BALLOTS.
Section 34-2114 - CONTEST PAPERS DELIVERED TO PRESIDING OFFICERS.
Section 34-2115 - NOTICE OF RECEIVING PAPERS.
Section 34-2116 - OPENING AND CUSTODY OF PAPERS — APPOINTMENT OF COMMITTEE.
Section 34-2117 - PRESERVATION OF EVIDENCE.
Section 34-2118 - SECURITY FOR COSTS — ASSESSMENT OF COSTS AND FEES — ASSESSMENT OF ATTORNEY’S FEES.
Section 34-2119 - FORMS OF RELIEF.
Section 34-2120 - CONTEST OF NOMINATION AT PRIMARIES.
Section 34-2121 - JURISDICTION OVER PRIMARY CONTESTS.
Section 34-2122 - FILING OF AFFIDAVIT.
Section 34-2123 - SECURITY FOR COSTS.