Secretary of State Phil McGrane talks to KMVT about judicial review

It’s situations like these in elections that the judicial review process was created for. And- this is the first time it’s been used since it was put in place.
During the judicial review process a judge will determine if a new election will be held.
Published: Nov. 16, 2023 at 3:39 PM MST
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JEROME, Idaho (KMVT/KSVT) —Earlier in the week we told you about the Jerome County Clerk’s Office seeking a judicial review after two members of the same household were allowed to incorrectly vote in the recent election.

That was for the school board, a race that had one vote as the deciding factor. It’s situations like these in elections that the judicial review process was created for. And- this is the first time it’s been used since it was put in place.

The county clerk has been working with Secretary of State Phil McGrane who helped create the law with the process.

Secretary McGrane says, “We’re actually working off exercising a new law for the very first time it’s a judicial review of an election. Two years we passed a new law that allowed for a judge to review an election when there’s an administrative error that happens in the election and it’s close enough that that error could impact the outcome.”

They can’t have the two vote again or leave out two ballots because Idaho has anonymous voting.

During the judicial review process a judge will determine if a new election will be held. Judicial review also saves the candidates from taking action.

“We passed this law both allowing the county to be allowed to bring the issue to the court rather than having one of the candidates have to challenge the election, hire and attorney, this allows the county to be really open and it highlights just how well our election system does work is that when we say hey these things happen, we want to make sure we get the record correct,” said Secretary McGrane.