34-212. REPORTS TO PROSECUTING ATTORNEY OF NONCOMPLIANCE WITH ELECTION LAWS BY COUNTY CLERK. (1) Any person having knowledge of any failure of a county clerk to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state may notify the prosecuting attorney of the county. Upon receipt of such notification the prosecuting attorney shall proceed immediately to investigate the alleged failure of the county clerk to comply. Upon the conclusion of the investigation the prosecuting attorney shall advise and direct the county clerk with regard to how he must proceed in connection with the matter. The county clerk shall proceed immediately to comply with the directive of the prosecuting attorney.
(2) If the prosecuting attorney, upon the conclusion of an investigation under subsection (1) of this section, determines that the county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, and that such failure to comply involves a violation by the county clerk of any statute, the violation of which is punishable by a criminal penalty or forfeiture of office, the prosecuting attorney shall promptly proceed to prosecute such violation by the county clerk.
(3) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, or who violates any statute.
History:
[34-212, added 1970, ch. 140, sec. 28, p. 351.]
Structure Idaho Code
Chapter 2 - DUTIES OF OFFICERS
Section 34-201 - SECRETARY OF STATE CHIEF ELECTION OFFICER.
Section 34-203 - ASSISTANCE AND ADVICE TO COUNTY CLERKS.
Section 34-204 - CONFERENCES WITH COUNTY CLERKS ON ADMINISTRATION OF ELECTION LAWS.
Section 34-205 - DUTIES OF SECRETARY OF STATE RELATING TO ELECTION LAWS.
Section 34-206 - GENERAL SUPERVISION OF ADMINISTRATION OF ELECTION LAWS BY COUNTY CLERKS.
Section 34-208 - DUTIES OF COUNTY CLERKS RELATING TO SUPERVISION OF ELECTION LAWS.
Section 34-209 - POWERS OF COUNTY CLERKS.
Section 34-211 - OFFICE OF COUNTY CLERK OPEN AS LONG AS POLLS ARE OPEN.
Section 34-212 - REPORTS TO PROSECUTING ATTORNEY OF NONCOMPLIANCE WITH ELECTION LAWS BY COUNTY CLERK.
Section 34-213 - MANDAMUS TO ENFORCE COMPLIANCE BY COUNTY CLERK.
Section 34-214 - NONCOMPLIANCE BY LOCAL COUNTY ELECTION OFFICIALS — ENFORCEMENT BY COUNTY CLERK.
Section 34-215 - APPEALS BY AGGRIEVED PERSONS.
Section 34-216 - GRIEVANCE PROCEDURES.
Section 34-217 - RETENTION OF COUNTY ELECTION RECORDS.
Section 34-218 - ELECTION ADMINISTRATION — PRIVATE MONEYS PROHIBITED.