Idaho State Statutes - Idaho Attorney Directory

If the
secretary of state, county clerk, or city 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, county clerk, or city 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, county clerk, or city 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.

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