Idaho § 34-1715 REFUSAL TO ACCEPT PETITION — MANDATE — INJUNCTION

Idaho Statutes

§ 34-1715 — REFUSAL TO ACCEPT PETITION — MANDATE — INJUNCTION

Idaho § 34-1715

Title 34ELECTIONS

Ch. 17RECALL ELECTIONS

This text of Idaho § 34-1715 (REFUSAL TO ACCEPT PETITION — MANDATE — INJUNCTION) 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 § 34-1715 (2026).

Text

If the secretary of state or county clerk refuses to accept and file any petition for the recall of a public officer with the requisite number of eligible signatures, any citizen may apply within ten (10) business days after such refusal to the district court for a writ of mandamus to compel him to do so. If it shall be decided by the court that such petition is legally sufficient, the secretary of state or county clerk shall then accept and file the recall petition, with a certified copy of the judgment attached thereto, as of the date on which it was originally offered for filing in his office, except that the time limitations required by section 34-1704 (2), Idaho Code, shall begin to run only as of the date of the court judgment, which shall be so stated in the judgment. On a showing t

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If the secretary of state or county clerk refuses to accept and file any petition for the recall of a public officer with the requisite number of eligible signatures, any citizen may apply within ten (10) business days after such refusal to the district court for a writ of mandamus to compel him to do so. If it shall be decided by the court that such petition is legally sufficient, the secretary of state or county clerk shall then accept and file the recall petition, with a certified copy of the judgment attached thereto, as of the date on which it was originally offered for filing in his office, except that the time limitations required by section 34-1704 (2), Idaho Code, shall begin to run only as of the date of the court judgment, which shall be so stated in the judgment. On a showing that the petition is not legally sufficient, the court may enjoin the secretary of state or county clerk and all other officers from certifying or printing any official ballot for a recall election. All such suits shall be advanced on the court docket and heard and decided by the court as quickly as possible. Either party may appeal to the court of appeals within ten (10) business days after a decision is rendered. The district court of the state of Idaho in and for Ada County shall have jurisdiction in all cases involving the recall of state officers.