§ 34-1707 — SUFFICIENCY OF PETITION — NOTIFICATION — EFFECT OF RESIGNATION — SPECIAL ELECTION

(1) In the event that a petition filed with the secretary of state is found by the secretary of state to contain the required number of certified signatures, the secretary of state shall promptly provide written notice to the officer being recalled and the petitioner that the recall petition is in proper form. If the officer being recalled is the secretary of state, the governor shall also be notified.
(a) If the officer being recalled resigns his office within five (5) business days after notice from the secretary of state, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law.
(b) If the officer being recalled does not resign his office within five (5) business days after notice from the secretary of state, a special election shall be ordered by the secretary of state, unless he is the officer being recalled, in which event the governor shall order such special election. The special election must be held on the date prescribed in section 34-106, Idaho Code. If the officer being recalled is one (1) specified in section 34-1701 (1)(a), Idaho Code, the special election shall be conducted statewide. If the officer being recalled is one (1) specified in section 34-1701 (1)(b), Idaho Code, the special election shall be conducted only in the legislative district.
(2) In the event that a petition filed with the county clerk is found by the county clerk to contain the required number of certified signatures, the county clerk shall promptly provide written notice to the officer being recalled and the petitioner that the recall petition is in proper form. If the officer being recalled is the county clerk, the secretary of state shall also be notified.
(a) If the officer being recalled resigns his office within five (5) business days after notice from the county clerk, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law.
(b) If the officer being recalled does not resign his office within five (5) business days after notice from the county clerk, a special election shall be ordered by the county clerk, unless the county clerk is the officer being recalled, in which event the secretary of state shall order the special election. The special election must be held on the date prescribed in section 34-106, Idaho Code. The special election shall be conducted countywide.
(3) In the event that a petition filed with the county clerk concerning the recall of an official of a city or special district is found by the county clerk to contain the required number of certified signatures, the county clerk shall promptly provide written notice to the officer being recalled, the petitioner, and the governing board of the city or special district that the recall petition is in proper form.
(a) If the officer being recalled resigns his office within five (5) business days after notice from the county clerk, his resignation shall be accepted and the resignation shall take effect on the day it is offered, and the vacancy shall be filled as provided by law.
(b) If the officer being recalled does not resign his office within five (5) business days after notice from the county clerk, a special election shall be ordered by the county clerk. The special election must be held on the date prescribed in section 34-106, Idaho Code. The election shall be conducted by the county clerk in the manner provided in section 34-1401, Idaho Code.
(4) In the event that a petition is found not to have the required number of signatures, the officer shall continue in office and no new recall petition may be circulated for a period of ninety (90) days against the same officer.

Legislative History

[34-1707, added 1972, ch. 283, sec. 3, p. 703; am. 1975, ch. 137, sec. 4, p. 309; am. 1989, ch. 344, sec. 2, p. 869; am. 1993, ch. 313, sec. 13, p. 1163; am. 1994, ch. 54, sec. 6, p. 95; am. 1995, ch. 266, sec. 5, p. 854; am. 2004, ch. 164, sec. 4, p. 537; am. 2012, ch. 211, sec. 9, p. 577; am. 2013, ch. 135, sec. 8, p. 313; am. 2020, ch. 81, sec. 1, p. 172; am. 2021, ch. 325, sec. 8, p. 996.]