Idaho State Statutes - Idaho Attorney Directory

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, by certified
mail, inform the officer being recalled, and the petitioner, 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 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, by certified mail, inform the officer being
recalled, and the petitioner, 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 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 special district is found by the county clerk
to contain the required number of certified signatures, the county clerk shall
promptly, by certified mail, inform the officer being recalled, and the
petitioner, and the governing board and election officials of the 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 governing board of the special district. The
special election must be held on the date prescribed in section 34-106,
Idaho Code. The election shall be conducted by the special district in the
manner provided in section 34-1401, Idaho Code, and the special district
may contract with the county clerk as provided in section 34-1401, Idaho
Code.
(4) In the event that a petition filed with a city clerk is found by the
city clerk to contain the required number of certified signatures, the city
clerk shall promptly, by certified mail, inform the officer being recalled,
and the petitioner, 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 city 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 city clerk, a special election
shall be ordered by the city clerk. The special election must be held on
the date prescribed in section 34-106, Idaho Code. The special election
shall be conducted citywide.
(5) 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.

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