34-2309. FREE RECOUNT. A losing candidate for nomination, or election or person supporting or opposing a ballot measure, may request a recount of the votes cast for the nomination or election to that office or passage or failure of a measure if the difference between the vote cast for that candidate and for the winning candidate for nomination or election, or the difference between the yes and no votes on a measure, is less than or equal to one-tenth of one percent (0.1%) of the total votes cast for that office or five (5) votes, whichever is greater. All requests shall be in writing, and filed with the appropriate officer during the time mentioned in section 34-2301, Idaho Code.
The state shall pay for the recount of a federal, state, or legislative district office, or state measure while the county shall pay for the recount of a county, city or district office or measure.
History:
[34-2309, added 1985, ch. 41, sec. 9, p. 87; am. 1986, ch. 97, sec. 3, p. 276; am. 2011, ch. 285, sec. 23, p. 786; am. 2015, ch. 282, sec. 7, p. 1149; am. 2015, ch. 287, sec. 1, p. 1159.]