34-213. MANDAMUS TO ENFORCE COMPLIANCE BY COUNTY CLERK. (1) Whenever it appears to the secretary of state that a 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, the secretary of state may apply to the appropriate district court or a judge thereof for a writ of mandamus to compel the county clerk to comply with such directive or instruction. In any such mandamus proceeding it is a defense that the directive or instruction in question is unlawful.
(2) 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.
History:
[34-213, added 1970, ch. 140, sec. 29, 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 34-213 - 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.