Idaho Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

Paper ballot and punch card For more details, visit Verified Voting.

 

Counting Method: 

Mix of recount and retabulation Idaho statute states that “The recount shall be conducted under the same conditions and in the same manner as the original count.” See the Idaho Statutes, Title 34, “Elections,” Section 34-2305, “Manner of recounting”: http://www.legislature.idaho.gov/idstat/Title34/T34CH23SECT34-2305.htm. While Idaho's election law allows for both hand counting and the use of automatic tabulating equipment, statutory instructions on counting ballots appears to pertain only to counts conducted by hand. See Section 34-1203, “Counting of ballots -- Certificates of judges”: http://legislature.idaho.gov/idstat/Title34/T34CH12SECT34-1203.htm. However, the law specifies that the Secretary of State is to develop rules for counting on all state-approved voting systems, and both mechanical and electronic voting and tally systems are approved. See Chapter 24, “Voting by machine or vote tally system”: http://legislature.idaho.gov/idstat/Title34/T34CH24.htm.

Initiating Mechanism: 

Candidate-initiated

Candidate-Initiated Options: 

Candidate determines how many/which precincts to recount “Any candidate for federal, state, county or municipal office” in both primaries and general elections may request a recount. See Section 34-2301, “Application for recount of ballots”: http://www.legislature.idaho.gov/idstat/Title34/T34CH23SECT34-2301.htm. While candidates may initially specify a limited number of precincts to be recounted, if the recount in these precincts suggests that the overall outcome of the election may be altered should a recount of all precincts be conducted, the Attorney General must order a “general recount” of all remaining precincts for the office in question. See Section 34-2307, “When general recount ordered”: http://www.legislature.idaho.gov/idstat/Title34/T34CH23SECT34-2307.htm. Timing: Recount requests must be filed within twenty days of the canvass. The Attorney General must order a recount and an immediate impoundment of ballots, and the recount must begin within ten days of this order. See Section 34-2303, “Ballots ordered impounded by attorney general”: http://legislature.idaho.gov/idstat/Title34/T34CH23SECT34-2303.htm. See also Section 34-2304, “Order for recount – Procedure – Notice”: http://www.legislature.idaho.gov/idstat/Title34/T34CH23SECT34-2304.htm.

Cost for Candidate-Initiated Recounts: 

Initiator pays set or per jurisdiction fee Payer of costs depends on outcome of recount In most cases, candidates pay a $100 per precinct fee. See Section 34-2302, “Precincts specified for recount – Remittance”: http://www.legislature.idaho.gov/idstat/Title34/T34CH23SECT34-2302.htm. This fee is refunded, however, if the Attorney General orders a general recount. Such a recount is ordered “if the results of the recount indicate a difference which if projected across all the precincts of the office in question would change the result of the election in favor of the candidate requesting the recount.” See Section 34-2306, Difference revealed by recount -- Candidate relieved of costs”: http://www.legislature.idaho.gov/idstat/Title34/T34CH23SECT34-2306.htm. Furthermore, in elections for federal, state and county offices, if there is a close vote margin “ less than or equal to one-tenth of one percent (0.1%) of the total votes cast for that office,” the candidate is not responsible for the costs of the recount. See Section 34-2309, “Automatic recount”: http://www.legislature.idaho.gov/idstat/Title34/T34CH23SECT34-2309.htm.

Challengers and Observers: 

Statutes specify that recount must be public Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers While Idaho's statutes do not create specific roles for observers or challengers, they do state that “all candidates named on the ballot for the office contested, or a representative of either or all of them, may be present to watch the counting; and that every other person interested may be present.” See Section 34-2304, “Order for recount -- Procedure – Notice”: http://www.legislature.idaho.gov/idstat/Title34/T34CH23SECT34-2304.htm.

Rules for Determining Voter Intent: 

Secretary of State or Election Board responsible for defining intent Guidance in the Idaho statutes on voter intent simply states that “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.” However, it further states that “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.” See Section 34-1203, “Counting of ballots -- Certificates of judges”: http://legislature.idaho.gov/idstat/Title34/T34CH12SECT34-1203.htm.

Audit Laws: 

State does not have audit laws As of our most recent update (September 2010), Idaho does not have audit laws.

Additional Resources: 
Idaho Statutes - Title 34 - Elections
Idaho Secretary of State