State Codes and Statutes
Statutes > Idaho > Title34 > T34ch2 > T34ch2sect34-213ELECTIONS
CHAPTER 2
DUTIES OF OFFICERS
34-213. Mandamus to enforce compliance by county clerk. (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.
