Idaho § 31-206 PROCEDURE IN CASE OF CONTEST

Idaho Statutes

§ 31-206 — PROCEDURE IN CASE OF CONTEST

Idaho § 31-206

Title 31COUNTIES AND COUNTY LAW

Ch. 2REMOVAL OF COUNTY SEATS AND CHANGE OF COUNTY BOUNDARIES

This text of Idaho § 31-206 (PROCEDURE IN CASE OF CONTEST) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 31-206 (2026).

Text

It shall be the duty of said court, on the first day of and during said term of court, to hear all evidence for and against said petition or petitions as to the lists of names filed in said court under this chapter, and to strike from such petition or petitions all names proved by competent evidence to be fictitious, and the names of persons having no legal right to sign the same under this chapter. In case there shall be no contest, or if the court finds, after striking from said petition or petitions all names proved to be fictitious, and all names not legally signed thereto, that it still contains the number of names of legal voters required by this chapter, the court shall order said election according to the prayer of said petition and subject to the provisions of section 34-106, Idah

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It shall be the duty of said court, on the first day of and during said term of court, to hear all evidence for and against said petition or petitions as to the lists of names filed in said court under this chapter, and to strike from such petition or petitions all names proved by competent evidence to be fictitious, and the names of persons having no legal right to sign the same under this chapter. In case there shall be no contest, or if the court finds, after striking from said petition or petitions all names proved to be fictitious, and all names not legally signed thereto, that it still contains the number of names of legal voters required by this chapter, the court shall order said election according to the prayer of said petition and subject to the provisions of section 34-106, Idaho Code. In case of a contest to said petition or petitions, it shall be the duty of the clerk of said court, on request of the persons contesting any petition under the provisions of this chapter, to issue subpoenas for such witnesses as said persons shall name; and it shall be the duty of said clerk, on request of any legal voter of the county for the purpose of sustaining any petition, in like manner to issue subpoenas for such witnesses as he shall name. Said subpoenas to be made returnable to the term of court at which such contest will be made.

Legislative History

[(31-206) 1890-1891, p. 57, sec. 123; reen. 1899, p. 33, sec. 110; am. R.C. & C.L., sec. 471; C.S., sec. 655; I.C.A., sec. 30-206; am. 1995, ch. 118, sec. 20, p. 449.]