Idaho Code
Chapter 21 - ELECTION CONTESTS ACT
Section 34-2118 - SECURITY FOR COSTS — ASSESSMENT OF COSTS AND FEES — ASSESSMENT OF ATTORNEY’S FEES.

34-2118. SECURITY FOR COSTS — ASSESSMENT OF COSTS AND FEES — ASSESSMENT OF ATTORNEY’S FEES. (1) The contestor must file with the secretary of state a bond in the amount of one thousand dollars ($1,000) conditioned to pay the contestee’s costs if the election be confirmed by the legislature.
(2) The parties are liable for witness fees and the costs of discovery made by them respectively. If the election is upheld by the legislature, the legislature may assess costs and fees, other than attorney’s fees, against the contestor. If the election is annulled by the legislature, the legislature may assess costs and fees, other than attorney’s fees, against the contestee.
(3) Attorney’s fees.
(a) Attorney’s fees may be awarded against the contestor if the legislature determines the contest of election is frivolous and has no foundation in law or fact.
(b) Attorney’s fees may be awarded against the contestee if the election is annulled by the legislature due to misconduct, fraud or corruption on the part of the contestee.
(4) If the election is set aside or annulled on the grounds of fraud or error by the election officials in conducting the election or in canvassing the returns, the contest costs will be a charge against the county in which the fraud or error occurred.
(5) If a special election is called by the legislature pursuant to section 34-2119, Idaho Code, the costs associated with the special election will be allocated in equal amounts to the state of Idaho and the county or counties where the special election is held.

History:
[34-2118, added 2017, ch. 293, sec. 2, p. 773.]

Structure Idaho Code

Idaho Code

Title 34 - ELECTIONS

Chapter 21 - ELECTION CONTESTS ACT

Section 34-2101 - SHORT TITLE — INTENT.

Section 34-2102 - DEFINITIONS.

Section 34-2103 - JURISDICTION — CONTESTS OVER LEGISLATIVE OFFICES — CONTESTS OVER EXECUTIVE OFFICES.

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 34-2108 - NOTICE OF CONTEST — LEGISLATIVE — EXECUTIVE DEPARTMENT — GROUNDS — SERVICE — ANTICIPATED DISCOVERY.

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.

Section 34-2124 - FRAUD OR ERROR BY THE ELECTION OFFICIAL.

Section 34-2125 - DISCOVERY.

Section 34-2126 - REMEDIES.

Section 34-2127 - APPEALS.

Section 34-2128 - COST ON APPEAL.