TallyIDAHOLegislative Tracker
S10202019 Regular Session

Amends existing law to revise a provision regarding when the Supreme Court must render a decision.

ELECTIONS -- Amends existing law to revise a provision regarding when the Supreme Court must render a decision.

ELECTIONS

STATEMENT OF PURPOSE

This is one of a series of bills the Supreme Court has recommended in its annual report to the Governor concerning defects or omissions in the laws, as required by article V, section 25 of the Idaho Constitution. I.C. § 34-2127 currently requires the Supreme Court to render a decision in primary election contest appeals no more than ten (10) days after "the receipt of" the appeal. This timeframe does not provide adequate opportunity for briefing by the parties or the scheduling of oral argument, and it is not consistent with the trial court decision deadline (which, per I.C. § 34-2126, is not more than ten (10) days "after the hearing"). In order to bring the appeal decision deadline in accord with the trial court deadline, and thereby recognize the parties' entitlement to both adequate trial and appellate processes, I.C. § 34-2127 should be amended to allow the Supreme Court to render a decision within ten (10) days of when the case becomes at issue.

LATEST ACTION

Recommitted to State Affairs

BILL INFO

Session
2019
Chamber
senate
Status date
Jan 22, 2019

LINKS

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