43-217. DETERMINATION BY MAGISTRATE COURT — CORRECTION OF BALLOT SYNOPSIS. Within fifteen (15) days after receiving the petition, the magistrate court shall have conducted a hearing on and shall have determined, without cost to any party the adequacy of the ballot synopsis. If any charges have been included in the petition and ballot synopsis, the magistrate court shall dismiss those charges that are frivolous and designed to harass the director. The clerk of the magistrate court shall notify the person subject to recall and the person demanding recall of the hearing date. Both persons may appear with counsel. The court may hear arguments as to the adequacy of the ballot synopsis and if any charges have been included in the petition and ballot synopsis, the sufficiency of the charges. The court shall not consider the truth of the charges if any have been included, but only their sufficiency. Any decision regarding the ballot synopsis by the magistrate court is final. The court shall certify and transmit the ballot synopsis to the director subject to recall, the person demanding the recall, and the secretary of the irrigation district.
History:
[43-217, added 1989, ch. 337, sec. 1, p. 851.]
Structure Idaho Code
Title 43 - IRRIGATION DISTRICTS
Chapter 2 - ELECTION OF DIRECTORS
Section 43-201 - ELECTION, TERM OF OFFICE, NOMINATIONS AND QUALIFICATIONS.
Section 43-201A - WHEN ELECTION NOT REQUIRED.
Section 43-202 - DIRECTOR’S OATH AND BOND.
Section 43-203 - INCREASING OR DECREASING NUMBER OF DIRECTORS — PETITION.
Section 43-204 - INCREASING OR DECREASING NUMBER OF DIRECTORS — HEARING AND ELECTION.
Section 43-204A - INDEMNIFICATION OF OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.
Section 43-204B - BYLAW LIMITING DIRECTOR LIABILITY AUTHORIZED.
Section 43-205 - INCREASING OR DECREASING NUMBER OF DIRECTORS — PROCEDURE FOLLOWING ELECTION.
Section 43-206 - NOTICE OF ELECTION — APPOINTMENT OF JUDGES.
Section 43-207 - CONDUCT OF ELECTION.
Section 43-208 - CANVASS OF RETURNS.
Section 43-210 - VOTING AND COUNT OF BALLOTS.
Section 43-211 - DISPOSAL OF BALLOTS.
Section 43-212 - INFORMALITIES DISREGARDED — POSTPONEMENT OF CANVASS.
Section 43-213 - STATEMENT OF RESULT.
Section 43-214 - INITIATING RECALL PROCEEDINGS — STATEMENT — CONTENTS — VERIFICATION — DEFINITIONS.
Section 43-215 - PETITION — WHERE FILED.
Section 43-216 - BALLOT SYNOPSIS.
Section 43-217 - DETERMINATION BY MAGISTRATE COURT — CORRECTION OF BALLOT SYNOPSIS.
Section 43-218 - FILING SUPPORTING SIGNATURES — TIME LIMITATIONS.
Section 43-219 - PETITION — FORM.
Section 43-220 - PETITION — SIZE.
Section 43-221 - NUMBER OF SIGNATURES REQUIRED.
Section 43-222 - CANVASSING PETITION FOR SUFFICIENCY OF SIGNATURES — NOTICE.
Section 43-223 - VERIFICATION AND CANVASS OF SIGNATURES — PROCEDURE.
Section 43-224 - FIXING DATE FOR RECALL ELECTION — NOTICE.
Section 43-225 - RESPONSE TO PETITION CHARGES.
Section 43-226 - DESTRUCTION OF INSUFFICIENT RECALL PETITION.
Section 43-227 - INVALID NAMES — RECORD OF.
Section 43-228 - CONDUCT OF ELECTION — FORM OF BALLOT.
Section 43-229 - ASCERTAINING THE RESULT — WHEN RECALL EFFECTIVE.
Section 43-230 - ENFORCEMENT PROVISIONS — MANDAMUS — APPEALS.