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Idaho Statutes § 34-213 MANDAMUS TO ENFORCE COMPLIANCE BY COUNTY CLERK

⤴ Up to Chapter 2: Duties of Officers

Statute Text

(1) Whenever it appears to the secretary of state that a county clerk has failed to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state, the secretary of state may apply to the appropriate district court or a judge thereof for a writ of mandamus to compel the county clerk to comply with such directive or instruction. In any such mandamus proceeding it is a defense that the directive or instruction in question is unlawful.
(2) The remedy provided in this section is cumulative and does not exclude any other remedy provided by law against a county clerk who fails to comply with a lawful directive or instruction prepared and distributed or given under the authority of the secretary of state.

Source

[34-213, added 1970, ch. 140, sec. 29, p. 351.]

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