Idaho § 34-1715 - Refusal to accept petition - Mandate - Injunction
Full text of Idaho Idaho Statutes § 34-1715 — Refusal to accept petition - Mandate - Injunction, with citation guidance and answers to common questions.
§ 34-1715. Refusal to accept petition - Mandate - Injunction
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.
[34-1715, added 1972, ch. 283, sec. 3, p. 703; am. 2004, ch. 164, sec. 7, p. 540; am. 2021, ch. 325, sec. 11, p. 998.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 34-1715
What does Idaho Statutes § 34-1715 cover?
Section 34-1715 ("Refusal to accept petition - Mandate - Injunction") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 34-1715?
A common citation format is "Idaho Statutes § 34-1715" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 34-1715 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.