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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

2008 Key Questions for Key States


The complete research by Election Law @ Moritz for Idaho can be found below.

Institutional Arrangements

State Chief Election Authorities

Elected individual (R)

Chief election authority: Secretary of state. I.C. § 34-201.

Method of selection: Elected. Const. Art. IV, § 1.

Current officer: Ben Ysursa (R). 2006 Idaho Election Results (Last updated 1/1/08)

State High Court Composition

Unknown affiliation/elected

Method of selection: At large election. Const. Art. V., § 6.

Justices: Daniel Eismann (R), Roger S. Burdick (appointed by R), Jim Jones (R), Warren E. Jones (appointed by R), Joel D. Horton (appointed by R) (Last updated 12/20/07)


  • Idaho Judicial Elections,” Brennan Center for Justice, December 12, 2002.
  • Departing SC Justices shielding successors from Id. voters: critic, LegalNewsline.com, April 29, 2007, Rob Luke.
  • Governor gets shot at rare double Supreme Court appointment, AP Alert – Idaho, June 12, 2007, Rebecca Boone.
  • Campaign ’90 California May Alter Dems’ Race, USA Today, February 19, 1990 (Idaho Edition), 1990 WLNR 1954997.
  • Horton named to Idaho Supreme Court, AP Alert - Idaho, September 19, 2007, Rebecca Boone.  

Voter Registration

EL@M did not research this topic for Idaho


EL@M did not research this topic for Idaho

Provisional Ballots

EL@M did not research this topic for Idaho

Early and Absentee Voting

EL@M did not research this topic for Idaho

Voting Technology

EL@M did not research this topic for Idaho

Polling Place Operations

Polling place closing times - local times

8:00 PM local time

Polling place closing times - by Eastern time zone

11:00 PM Eastern time

Ballot Security

EL@M did not research this topic for Idaho

Emergency Preparedness

EL@M did not research this topic for Idaho

Post-Election Processes

What Court Would Hear a Presidential Contest?

Trial Court

Idaho has two election contest procedures. The first one occurs when there is a recount. I.C. § 2301. Any candidate may request a recount, and a candidate who disagrees with the results of the recount may appeal to the district court of Ada County. See I.C. § 34-2308. District court judges are elected to four-year terms. Const. Art. V, § 11. District courts are trial courts that also hear limited kinds of appeals.

The code also generally authorizes a similar kind of election contest that does not require a recount as a predicate. I.C. § 34-2001. However, in the event of a Presidential contest, the code does not specify what court would hold jurisdiction. 

Who Performs Presidential recounts?


Recounts are performed by the same election judges and clerks of the precinct that counted the ballots on election day. I.C. 34-304. Precinct committeemen submit lists of proposed judges and clerks, and the county clerk must appoint the judges on the lists if they are qualified. I.C. 34-303.

In a primary, the teams of judges and clerks must contain personnel from all existing political parties, but only if the precinct committeemen of those parties submitted their lists sixty or more days before the primary. Id. Each political party and candidate may have one observer present at the polls. I.C. 34-304. County clerks are elected. Const. Art. V., s 16.

The Idaho Secretary of State’s website provides no further information. Neither does the Idaho administrative code. See ID ADC et seq.