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Idaho Code § 34-1203

Counting of ballots — Certificates of judges

Applied in 2 court decisions — leading case STATE EX REL. LEAGUE v. Herrera (2009)

Most recently applied in State ex rel. League of Women Voters v. Herrera (February 2009)

1970, ch. 140, § 187, p. 351; am. 1981, ch. 109, § 1, p. 163; am. 2003, ch. 48, § 12, p. 181; am. 2016, ch. 272, § 1, p. 749.

(1) The ballots and polls lists agreeing, the election personnel shall then proceed to tally the votes cast. Under each office title the number of votes for each candidate and such other information required by the secretary of state shall be entered in the tally books together with the total of the above figures in the manner prescribed by the secretary of state. Any ballot or part of a ballot from which it is impossible to determine the elector’s choice, shall be void and shall not be counted. When a ballot is sufficiently plain to determine therefrom a part of the voter’s intention, it shall be the duty of the judges to count such part.

(2) Following the counting, the judges must transmit a copy of the results to the county clerk.

(3) In no event shall the results of any count be released to the public until all voting places in the state have closed on election day.

(4) The secretary of state shall issue directives or promulgate administrative rules adopting standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in this state.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.